Terms of Service
1. Acceptance of Terms
This User Agreement is a legally binding agreement between you and My
Ganja Gear. If you do not agree to the Terms, do not access, browse or use
the Website. These vendor policies
and regulations apply to every vendor who opens up a My Ganja Gear shop in
addition to the standard Terms and Conditions Agreement.
items listed on myganjagear.com must be directly related to Cannabis or
Cannabis use. (Though you are more
than welcome to state in the product description or on your shop page
that your products are for tobacco use only)
1: Bong cleaning solution is okay, Windex is not.
2: Vaporizers for dried herb and concentrates are okay. Nicotine juice
3: Nutrients or pesticides specifically formulated for the Cannabis
plant, or specifically beneficial for the Cannabis plant are okay. Miracle Grow is not. For questions regarding what is
acceptable or not, please email [email protected]
following items are not permitted to be posted:
Items containing Marijuana (We
support legalization, but alas, the US Federal government isnâ€™t there
yet. Hemp products are okay as long as they
are in compliance with local, US Federal and state laws)
Food or drink items
Leather, fur, bone or ivory items
Products that have been tested on animals
an account and opening a store on myganjagear.com is free of charge! We do not charge listing fees or insertion fees. Ganja Gear only charges a 15%
commission per item sold which includes credit card processing fees the
seller would normally pay themselves through their merchant account,
along with a $0.30 transaction fee per U.S. transactions which is charged
to us by the credit card processing companies. If you choose to ship your products
outside of the US, the transaction fees vary and can be found in Appendix
A at the bottom of this agreement.
You, the seller will not pay transaction fees directly through
your own credit card merchant accounts (nor do you even need a merchant
account for selling on myganjagear.com).We accept Visa, MasterCard,
American Express, Discover and PayPal as product payment methods.
- All buyer payments are made
through ganjagear.com which are then deposited into the sellerâ€™s account
via Paypal. You must have an
active PayPal account to receive payment.
(It is free to open a PayPal account if you do not have one
already. We will by default send
your payments to the PayPal account that is assigned to the email address
you provide for your My Ganja Gear account. If you do not have a PayPal account
assigned to that address, you will receive an email with instructions on
how to create a PayPal account for that address and receive your
payment. If you already have a
PayPal account linked to a different email address, you can log into
PayPal to change the email address assigned to your existing PayPal
- It is possible that pricing may
increase due to any increase in 3rd party fees which will be passed
through to you.
- As a vendor, you are able to make
withdrawals once a week or a minimum of $50, whichever is greater. If there have been any chargebacks
related to your account, the chargeback amount along with any chargeback
fees will not be available for withdrawal until the chargeback has been
settled and the payment is received.
The vendor is responsible for payment of all chargeback fees and
the amount will be deducted from your balance.
- Shipping and handling will be
handled exclusively by the seller.
- The seller is responsible for
handling any buyer related disputes.
In the event of a buyer issuing a chargeback, the seller will be
solely responsible for resolving the dispute and will incur any
associated fees charged by payment providers.
- In accordance with US law, My
Ganja Gear must report any earnings of $20,000 or more by vendor to the
IRS. In such case, we will send a
1099 form to you, the vendor for your tax purposes.
2.1 Access to the Site is
provided to all users free of charge.
2.2 My Ganja Gear, in its sole
discretion, may terminate your account if you have violated any of the
policies and rules set out in this Agreement and for any reason without
prior notice to you. You acknowledge and agree that My Ganja Gear may
immediately bar your further access to the Website. My Ganja Gear will
not be liable to you or any third party for any termination of your access
and/or use of the Website.
2.3 You must be at least 18 years
old to buy or sell on this Website and you are solely responsible for any
and all activities you perform on this Website.
2.4 You agree to comply with all
local laws regarding online conduct and acceptable content. You are
responsible for all applicable taxes.
2.5 You agree that My Ganja Gear
is not responsible or liable for any content, for example, data, text,
information, usernames, graphics, images, photographs, profiles, audio,
video, items, and links posted by you, other users, or outside parties on
My Ganja Gear. You use the My Ganja Gear service at your own risk.
3. Transactions between Buyers and
3.1 Through the Site, My Ganja
Gear provides an electronic web-based platform for exchanging information
between buyers and sellers of products and services. My Ganja Gear does
not represent the seller nor the buyer in specific transactions. As a
result, My Ganja Gear does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the
products or services offered for sale on its website or the ability of
the sellers to complete a sale or the ability of buyers to complete a
3.2 Users are hereby made aware
that there may be risks of dealing with people acting under false
pretenses. My Ganja Gear uses several techniques to verify the accuracy
of the information our users provide us when they register on the
website. However, because user verification on the Internet is difficult,
My Ganja Gear cannot and does not confirm each user's purported identity. My Ganja Gear does not verify that the
buyer is of legal age to complete certain purchases. If you sell items containing tobacco or
nicotine, such as blunt wraps, any verification of legal age of the buyer
rests solely on you, the seller.
4. Posting Information on My Ganja
- 3.3 Each user acknowledges that
it is fully assuming the risks of purchase and sale transactions when
using the Website to conduct transactions, such risks shall include, but
are not limited to, misrepresentation of products and services,
fraudulent schemes, unsatisfactory quality, failure to meet
specifications, defective products, delay or default in delivery or
payment, cost mis-calculations, breach of warranty, breach of contract
and transportation accidents. Each User agrees that My Ganja Gear
shall not be liable or responsible for any damages that may arise a
result of or in connection with any transaction risks.
4.1 You must be a Registered User
in order to post information on the Website.
4.2 You must provide accurate and
verifiable contact information when registering on the Website. You must
keep your account information up to date and accurate at all times.
4.3 Basic requirements - We
expect our sellers to provide a high level of customer service.
- - Respond to Conversations in a
- - Resolve disagreements or
disputes directly with the buyer.
- - All prices must be in US
dollars and cents.
- - The sellers must be able to
ship throughout the United States.
- - The sellers must ship within 5
business days after the payment clears. Exemptions from this rule are
cases when you ship custom made items or items that require time to be
- - The PayPal accounts associated
with these services must be active and normally working.
- - If you are unable to complete
an order, you must notify the buyer and cancel the order.
4.4 Content requirements
- - Do not include promotional or
boilerplate text in your product titles and descriptions. All text
should directly describe the product. Texts related to shipping,
handling or store policies must not be included.
- - Do not invite the users to pay
through payment methods not supported and integrated by My Ganja Gear.
- - Do not direct users to go to
other sites to complete the transaction
- - Do not upload logo images or
other generic images such as "image not available" images for
- - Shipping must be set-up in the
store to all locations that are selected in the shipping zones. It is
not allowed to request shipping or additional costs after an order has
been placed. The buyer should have the full cost upon checkout.
- - Listed products must be
relevant, clear, accurate, and descriptive of the products offered.
5. Guidelines and Actions We May
5.1 All products uploaded with
stock images may receive lower rank in My Ganja Gear searches and
categories in the main My Ganja Gear marketplace. Merchants with past due
amount of marketplace cost might not listed in the main marketplace.
5.2 My Ganja Gear reserves the right
in its sole discretion to remove any material displayed on the Website
which it reasonably believes is unlawful, could subject My Ganja Gear to
liability, violates this Agreement or is otherwise found inappropriate in
My Ganja Gear's opinion. In connection with any of the foregoing, My
Ganja Gear may suspend or terminate the account of any user as My Ganja
Gear deems appropriate in its sole discretion
5.3 My Ganja Gear reserves the
right to ask you for additional information for verification purposes at
any time. Such information might include: photo of ID, passport, utility
bills, purchase receipts, tracking numbers or other proofs of shipment.
If you receive such request from us, you must respond with the required
information in the outlined time frame. If you fail to do so, My Ganja
Gear may suspend or terminate your account.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. MY GANJA GEAR
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA,
PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED
TO OR IN CONNECTION WITH THE WEBSITE.
8. Limitation of Liability
YOU AGREE THAT MY GANJA GEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
We hope this never
happens, but if My Ganja Gear gets sued because of something that you did, you
agree to defend and indemnify us. That means youâ€™ll defend us (including any of
our employees) and hold us harmless from any legal claim or demand (including
reasonable attorneyâ€™s fees) that arises from your actions, your use (or misuse)
of our Services, your breach of the Terms or your accountâ€™s infringement of
someone elseâ€™s rights.
You agree to
indemnify and hold harmless My Ganja Gear, its officers, employees, parent
companies, subsidiaries, contractors, vendors or affiliates, from any claim or
demand, including reasonable attorneys fees, made by any third party due to or
arising out of your use of the My Ganja Gear, the violation of this User
Agreement by you, or the infringement by you or any other user of this site
using your computer, of any intellectual property or other right of any person
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 You agree to let us use all photos, videos and misc content uploaded
to our website on our social media sites and in marketing in general free of
charge. You still remain the owner of
the content. If, at our request, you
send certain specific submissions (for example contest entries) or without a
request from us you send, submit or add photos, images, descriptions, creative
ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us. We
have no intention of selling comments but rather to use them in order to promote
you, the seller as well as My Ganja Gear.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any partyâ€™s intellectual property or these Terms of Service.
You are free to
cancel your seller account at any time (though we hope you never do!) and there
are no cancellation fees. Upon cancelling your account, you must complete and
ship all outstanding orders and respond to all buyer questions. My Ganja Gear
reserves the right to withhold sellerâ€™s account funds for 30 days in order to
settle any potential chargeback claims, or longer if the seller has a high
percentage of chargeback claims, negative feedback or customer complaints.
11. Governing Law
This Agreement shall be interpreted and construed according to, and
governed by, the laws of California, excluding any such laws that might
direct the application of the laws of another jurisdiction. You agree to
submit to the exclusive jurisdiction of the courts located within the
county of Orange, California to resolve any legal matter arising from the
Euro (France) (Applicable to
Personal and Purchase Payments from
US sender to a receiver in France):
Euro (Applicable where the
of the payment is Euro but the receiver
is not in France):
Hong Kong Dollar:
New Zealand Dollar:
Taiwan New Dollar:
U.K. Pounds Sterling:
For questions please email @ [email protected]