Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Fresh Cannabis Dispensary ("Fresh Cannabis", "we", "us" or "our") governing your access to and use of our website, mobile-friendly ordering platform, and delivery service (together, the "Service").

By creating an account, placing an order, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Service.

The Service is for adult-use cannabis and related products and is strictly limited to individuals who are 21 years of age or older and legally permitted to purchase cannabis under New York State law. By using the Service you represent and warrant that you meet this requirement.

• You will be asked to confirm your age before browsing the site and again before checkout.
• A valid, unexpired, government-issued photo ID is required at the time of delivery, and the name on the ID must match the name on the order.
• We may refuse to complete a delivery, without refund of any delivery fee, if age or identity cannot be verified.
• Reselling, gifting to minors, or otherwise providing cannabis products to anyone under 21 is strictly prohibited and may be reported to law enforcement.

You may browse the menu as a guest, but an account is required to save addresses, view order history, and use loyalty and wishlist features. When you create an account, you agree to:

• Provide accurate, current and complete information, and keep it up to date.
• Keep your password confidential and notify us immediately of any unauthorized use of your account.
• Accept responsibility for all activity that occurs under your account, whether or not you authorized it, except where caused by our own negligence.
• Be at least 21 years old — accounts found to belong to anyone younger will be closed and any pending orders cancelled.

We may suspend or terminate an account at our discretion if we believe these Terms have been violated, if information provided is false, or to comply with applicable law.

Placing an order through the Service is an offer to purchase products at the price and quantity shown at checkout. We reserve the right to accept or decline any order for reasons including product unavailability, pricing or listing errors, suspected fraud, or failure to meet age or delivery-area requirements.

• Product descriptions, images, THC/CBD percentages and pricing are provided for reference and may vary by batch; we work with our cultivators and labs to keep this information accurate but cannot guarantee it is error-free.
• Quantities may be limited by New York State purchase limits, and we may adjust or cancel quantities that exceed those limits.
• Order confirmation via email or on-screen receipt does not guarantee fulfillment — an order is complete once payment is confirmed and the products are handed to you.
• Prices, promotions and product availability may change at any time without notice and do not apply retroactively to already-placed orders.

Fresh Cannabis does not process credit or debit cards directly. Instead, checkout uses manual, peer-to-peer payment methods (such as Cash App, Zelle, Chime or Apple Pay) that we display at checkout and that may be updated from time to time.

• You are responsible for sending the exact order total, using the order reference number shown at checkout, to the handle displayed for your chosen payment method.
• Orders are held, but not confirmed, until our team verifies that payment has been received in full.
• A storewide minimum order amount applies and is shown at checkout and in your cart; orders below that amount cannot be placed.
• Promotional codes and automatic discounts are subject to the terms shown at the time they are offered, apply only to qualifying orders, cannot be combined unless stated otherwise, and may be changed or withdrawn by us at any time before an order is placed.
• Never send payment to a handle that does not match what is shown on our checkout page — we are not responsible for funds sent to fraudulent or outdated payment details obtained outside the Service.

We currently offer same-day delivery, in a two-hour window you select at checkout, to addresses within our service areas. Delivery availability, fees and windows are shown at checkout and may vary by location and order volume.

• A valid photo ID matching the order recipient's name is required at the door; we cannot legally leave cannabis products unattended, with a neighbor, at a front desk, or in any location without a person present to accept and verify it.
• You must ensure someone 21 or older is available to receive the delivery during the selected window; missed deliveries may be rescheduled and may incur an additional delivery fee.
• Delivery fees, if any, and any free-delivery threshold are shown in your cart and at checkout and may change at any time.
• We are not responsible for delays caused by incorrect address information, weather, traffic, or other events outside our reasonable control.

Due to state health and safety regulations, cannabis products cannot be returned, resold or exchanged once they leave our facility. All sales are final except as described below.

• If you receive the wrong item, a damaged product, or a quantity that does not match your receipt, contact us within 24 hours of delivery with your order number and, where possible, photos — we will make it right with a replacement or a refund at our discretion.
• Orders may be cancelled free of charge any time before payment is confirmed by our team. Once payment is confirmed, cancellations are handled case by case and may not be possible once an order is out for delivery.
• Refunds, when approved, are issued using the same payment method used for the original order and may take several business days to appear, depending on the payment provider.
• We may decline a refund or replacement request if we reasonably suspect misuse of this policy.

You agree to use the Service responsibly. This includes:

• Using cannabis products in compliance with all applicable laws, including not driving or operating machinery while impaired and not consuming in public places where prohibited.
• Storing all purchases securely and out of reach of children, pets, and anyone under 21.
• Providing an accurate delivery address, contact number, and being reasonably available to receive your order during the selected window.
• Reviewing product information, including potency and allergen details, before use, and consulting a physician if you are pregnant, breastfeeding, or taking medication.
• Keeping your account credentials and any saved payment handles confidential.

When using the Service, you must not:

• Purchase products for anyone under 21 or for resale, distribution, or export outside New York State.
• Provide false age, identity or address information, or attempt to circumvent our age- or identity-verification steps.
• Use another person's account, payment handle, or identifying information without authorization.
• Interfere with, disrupt, reverse-engineer, scrape, or attempt to gain unauthorized access to the Service, our systems, or other users' accounts.
• Use the Service for any unlawful purpose, or in any way that could damage, disable or impair our systems or delivery operations.
• Submit fraudulent orders, chargebacks, or payment disputes in bad faith.

Violation of this section may result in immediate suspension of your account, cancellation of pending orders, and, where appropriate, reporting to law enforcement or regulatory authorities.

The Service relies on third-party providers to operate, including peer-to-peer payment applications, delivery and courier personnel, hosting and infrastructure providers, and communications tools.

• Your use of third-party payment apps is subject to that provider's own terms and privacy policy; we do not control and are not responsible for their platforms.
• Delivery is performed by our staff or authorized courier partners, who receive only the information needed to complete your delivery (name, address, phone number and order contents).
• Links to third-party websites are provided for convenience; we do not endorse and are not responsible for the content or practices of sites we do not operate.

By placing an order or creating an account, you consent to receive transactional messages from us, such as order confirmations, payment reminders, and delivery updates, by email, SMS, or both.

• You may separately opt in to marketing communications about new products, deals and loyalty rewards, and may opt out at any time using the unsubscribe link in our emails or through your account settings.
• Opting out of marketing messages does not opt you out of essential, order-related communications.
• Message and data rates may apply to SMS communications, depending on your mobile carrier and plan.

The Service and all products are provided "as is" and "as available." To the fullest extent permitted by law, Fresh Cannabis disclaims all warranties, express or implied, regarding the Service and any products sold through it, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Fresh Cannabis and its owners, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill, or use, arising out of or related to your use of the Service or any products purchased through it. Our total liability for any claim arising from these Terms or your use of the Service will not exceed the amount you paid for the order giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited or excluded under applicable New York law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence.

We may update these Terms from time to time to reflect changes in our services, legal or regulatory requirements, or business practices. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you by email or an on-site notice.

Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you should stop using the Service.

Questions about these Terms can be directed to Fresh Cannabis Dispensary at:

• Email: sales@freshcannabiss.com
• Phone: +1 (646) 736-8858