In these terms and conditions, “you” and “your” refer to a holder of a cannabis retail store licence issued by the General Manager under the Cannabis Control and Licensing Act, SBC 2018, c.29 (“Private Retailer”). On account of the issuance of the cannabis retail store licence, the Province (as defined below) will allow you to register an account to use the www.bccannabiswholesale.com website (the “Website”).
The following terms and conditions (the “Purchase Terms”) govern your purchase of non-medical cannabis products (the “Products”) from the Website for resale to consumers. You agree that the Province may, in its sole discretion, amend these Purchase Terms. You can review the most current version of these Purchase Terms at any time on the Website. By placing an order on the Website, you acknowledge that you have read and agree to be bound by these Purchase Terms (including without limitation any terms and conditions incorporated by reference or hyperlink) and to comply with all applicable laws and regulations.
These Purchase Terms are in addition to the Private Retailer Website Use Terms that apply to your account and your use of the Website.
The Website is owned and operated by Her Majesty the Queen, in right of the Province of British Columbia as represented by the Administrator of the Cannabis Distribution Act (the “Province”) and hosted by Shopify Inc.
Purchase of Product
The products on the Website are an invitation for you to make an offer to purchase Products and are not offers to sell Products. By placing an order, you are making an offer to purchase the Products in your order.
If the Province is able to fulfill your order, you will receive a shipping notice to the email address attached to your account, advising when your Products will be shipped. Your offer is not accepted until such time as the Province has shipped those Products capable of being fulfilled to you, forming a legally binding agreement with the Province with respect to such shipped Products. Although the Province endeavours to stock adequate quantities of all Products, the Province may not be able to fulfill your order.
All prices on the Website are in Canadian currency and are subject to change from time to time without notice.
Payment for your order will be taken by the Province at the time of order or later, in the sole discretion of the Province. All payments must be made in Canadian dollars via your pre-authorized debit (“PAD”) agreement with the Province.
It is your sole responsibility to ensure there are available funds in your PAD account and to resolve any failed payments. In the event of a failed payment, the Province may hold all your orders until such time as the payment is successfully processed. Not sufficient funds (NSF) fees will apply for failed payment and these fees will be charged to you by the Province as applicable.
The Province reserves the right to refuse, reject, revise, correct, or cancel any order you place through the Website. The Province may, in its sole discretion, limit or cancel quantities purchased per order. Orders may only be placed by Private Retailers that have obtained all required licenses and have successfully registered with the Province to purchase non-medical cannabis for resale to consumers.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account information and banking information under your PAD Agreement with the Province, so that the Province can complete your transactions and contact you as needed. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Province or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your account and banking information under your PAD agreement with the Province.
You are solely responsible for the accuracy of orders placed with the Province. To request an order cancellation, you must contact the Cannabis Operations Customer Care Centre. The Cannabis Operations Customer Care Centre may or may not be able to cancel an order depending on the status of fulfillment. If the order is not cancellable, it will be shipped as ordered and you will be charged accordingly.
Delivered Products may not appear exactly as shown on the Website.
The Province may impose a maximum order value limit and product quantity limits from time to time and, if imposed, these limits will be posted on the Website. The Province reserves the right, in its sole discretion, to cancel orders that were made in close temporal succession to one another, appear to be an error, or appear to be fraudulent.
Shipping rates will be calculated at the time of your order. You will be responsible for shipping costs associated with your order. The cost of shipping will be added per order as indicated on the final check-out page. Shipping rates may change from time to time depending on transportation services arrangements and your particular address and volume of Product ordered.
Orders will be shipped by the transportation provider selected by the Province. You may not pick up any order at the Province’s distribution centre. You will be assigned a delivery schedule, in the Province’s sole discretion. The time it takes for your order to arrive to you depends on your address and order processing time. Any shipping estimates provided by the Province are estimates and are not binding. The Province will not be liable for any delays in shipping. Proof of delivery provided by the Province’s transportation provider will be deemed as confirmation of delivery.
All delivery discrepancies and damages must be promptly reported to the Province’s Cannabis Operations Customer Care Centre for consideration of return approval and credit to you. If you do not report an issue within 15 days of delivery, you will not receive return approval or credit.
Returns and Recalls
All returns require pre-approval by the Cannabis Operations Customer Care Centre and will be reviewed in accordance with the posted Wholesale Returns policy, which is incorporated by reference into these Purchase Terms and may be updated by the Province from time to time, without notice to you. To view the current Wholesale Returns Policy, click here.
From time to time the Province may send you instructions regarding Product recalls. You agree to promptly comply and cooperate with any Product recall instructions communicated by the Province.
Modification of Purchase Terms
The Province reserves the right, in its sole discretion, to update, change or replace any Purchase Terms or any part of these Purchase Terms by posting updates and changes to the Website. The Purchase Terms posted on the Website at the time that you place an order for Products are the Purchase Terms that apply to that order. It is your responsibility to review the Purchase Terms at the time of placing an order.
Errors and Omissions
The Province will endeavour to ensure that information on the Website is as accurate as possible, however the Province will not be held liable for any errors or omissions, including without limitation those that relate to Product descriptions, pricing, shipping charges, transit times and availability. The Province reserves the right, at any time and without prior written notice (including after you have submitted your order), to correct any errors or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate.
Limitation of Liability
Under no circumstances will the Province be liable to any person for any direct, indirect, special, incidental, consequential damages or for damages for loss of income, loss of business profits, business interruption, loss of data or business information, or loss of or damage to property, or claims to third parties, or other pecuniary losses whether based in contract, tort (including negligence), strict liability or otherwise, even if the Province has been specifically advised of the possibility of such damages.
You must indemnify and save harmless the Province and the Province’s employees and agents from any loss, claim (including any claim of infringement of third-party intellectual property rights), damage award, action, cause of action, cost or expense that the Province or any of the Province’s employees or agents may sustain, incur, suffer or be put to at any time (each a “Loss”) to the extent the Loss is directly
or indirectly caused or contributed to by any act or omission, the violation of any law or any violation of the Purchase Terms, by you, your employees or agents.
These Purchase Terms are governed by and are to be construed in accordance with the laws of British Columbia.
The Province’s failure to insist upon or enforce strict performance of any of these Terms will not be construed as a waiver of any such Term.
If any provision of these Purchase Terms or the application of it to any person or circumstance is invalid or unenforceable to any extent, the remainder of these Purchase Terms and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.
All disputes arising out of or connection with your purchase, which cannot be resolved in discussions between you and the Province will be referred to and finally resolved by arbitration under the Arbitration Act. The place of arbitration will be Vancouver, British Columbia, Canada.
You may contact the Province at:
Cannabis Operations Customer Care Centre:
1 (833) 420-2227
The headings used in these Purchase Terms are included for convenience only and will not limit or otherwise affect these Purchase Terms.