Shipping Policy

BASIC SHIPPING POLICIES:

Most orders placed before 2PM EST will ship the on same business day.

Most orders received after 12PM EST Saturday will not ship until the following Monday.

We currently DO NOT ship international due to US Federal Laws and Regulations.

PLEASE NOTE:

Orders are processed and shipped during regular business hours 8AM to 5PM EST Monday - Friday. 8AM-12AM Saturday.

Orders for Overnight shipping on Friday will not be delivered on weekends.

Please note due to strict shipping rules USPS does not allow packages with Lithium Ion batteries to be shipped to APO or FPO addresses. 

 

INTRODUCTION

Welcome to KLOUD5 shipping services (“KLOUD Shipping”).  These Shipping Terms of Service (“Shipping Terms”) and the terms and conditions herein are an addendum to the KLOUD5 Terms of Service (“Agreement”) (collectively, the “KLOUD5 Terms”) and constitute a legal, binding agreement between you and KLOUD5 By Nelly and any additional subsidiaries and affiliates (collectively, “KLOUD5”).  Unless otherwise defined, capitalized terms herein have the meaning set forth in the Agreement.  The Shipping Terms apply to your purchase, receipt and use of legal industrial hemp-derived products or accessories available for purchase from KLOUD5 or any other items sent to you via KLOUD5 Shipping (collectively, “Products”).

YOUR USE OF KLOUD5 SHIPPING IS SUBJECT TO THE DISPUTE RESOLUTION SECTION OF THE KLOUD5 TERMS OF SERVICE.  THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND CATALYST TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.  PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT CAREFULLY.  BY ENTERING INTO THE AGREEMENT AND AGREEING TO THESE SHIPPING TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE KLOUD5 TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Acceptance of the Shipping Terms

By accessing or using KLOUD5 Shipping or accepting the Agreement, you hereby expressly acknowledge and agree to be bound by the Shipping Terms.  The Shipping Terms are part of and are governed by the terms and conditions set forth in our Terms of Service, including any agreements incorporated by reference within the Terms of Service.  In the event of any conflict between the KLOUD5 Terms and the Shipping Terms, the Shipping Terms will control for any matters relating to or arising from the use of KLOUD5 Shipping.

DISCLAIMERS & ACKNOWLEDGEMENTS

By accessing or using KLOUD5 Shipping or otherwise accepting the KLOUD5 Terms, you agree to and acknowledge the following:

KLOUD5 Shipping does not provide, sell or ship medical or adult-use cannabis or cannabis products that meet the definition of “marihuana” under 21 U.S.C. § 820(16) (to be referred to hereinafter as “marijuana”). Many of the Products available via KLOUD5 Shipping contain industrial hemp-derived cannabidiol or “CBD.”  Industrial hemp is defined as the plant cannabis sativa L. that contains less than 0.3% THC on a dry weight basis.

Acknowledgment of Federal Law

You expressly acknowledge and agree that KLOUD5 Shipping operates under applicable federal law.  It is your responsibility to review applicable federal laws to determine whether you are legally able to purchase, possess or use Products available via KLOUD5 Shipping.  Furthermore, you acknowledge, agree and understand that your purchase and use of Products available via KLOUD5 Shipping is subject to oversight of regulatory bodies such as the Food and Drug Administration (“FDA”) and the Drug Enforcement Administration (“DEA”).  You acknowledge and agree that KLOUD5 shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.

Acknowledgment of State and Other Applicable Laws

You expressly acknowledge that sales or use of Products available via KLOUD5 Shipping may be regulated under applicable state, local or international laws. KLOUD5 Shipping is available in all states.  You acknowledge that your use of KLOUD5 Shipping or Products available via KLOUD5 Shipping is subject to such laws, and that it is your responsibility to review the laws of your state and to know whether you are legally able to purchase, receive, possess or use Products available via KLOUD5 Shipping.  You acknowledge and agree that KLOUD5 shall not be liable for any loss or damage arising from your failure to comply with such applicable laws.

Health Information

Any statements on the KLOUD5 Platform or on any Products available via KLOUD5 Shipping have not been evaluated by the FDA.  Some or all of the Products and/or ingredients in any of the Products available via KLOUD5 Shipping have not been approved or endorsed by the FDA or any regulatory agency.  The Products available via KLOUD5 Shipping are not intended to diagnose, treat, cure, mitigate or prevent any medical condition, illness or disease in humans or animals. THE INFORMATION PROVIDED IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR INFORMED MEDICAL ADVICE OR CARE.  ALWAYS CONSULT YOUR PRIMARY CARE PHYSICIAN BEFORE USING THE PRODUCTS.  If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any of our Products.

SHIPPING, RETURNS & REFUNDS

Shipping Policy

Products available via KLOUD5 Shipping are shipped to an address designated by you, provided that such address is within the KLOUD5 Shipping Service Areas, which are determined solely by KLOUD5.

Product orders can take multiple business days to be processed and shipped.  Products are shipped utilizing an in-house logistics team who sends Products and accessories via ground shipping.  All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products purchased via KLOUD5 Shipping passes to you upon shipment.  Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

All Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order or to discontinue offering certain Products without prior notice and in our sole discretion.

Billing & Fees

KLOUD5 uses a third-party payment processor (“Payment Vendor”) to bill your purchase of Products via KLOUD5 Shipping.  By choosing to purchase products via KLOUD5 Shipping, you authorize the Payment Vendor to charge your form of payment.  The processing of payments, authorizations, holds, credits and refunds will be subject to the terms and conditions and privacy policy of the applicable Payment Vendor.

Any fees that KLOUD5 charges you for Products purchased via KLOUD5 Shipping are due immediately.  In addition to any other Charges described in the Agreement, Charges through KLOUD5 Shipping may include applicable Shipping Fees due at the time of checkout.

Refunds & Exchanges

If you are unhappy with your purchase, please contact Customer Support bluegrassventuresllc@gmail.com.  Product purchases may be exchanged or refunded within 30 days of delivery.  Once your return is received and accepted, please allow 48-72 hours for your refund to be processed.  Credit times will vary depending on your bank provider.  Refunds and exchanges may be subject to Shipping Fees and other Charges.

If you received products damaged during shipping, you must notify us within 48 hours of shipment delivery to qualify for an exchange of the exact product.  Once the damaged product has been received, a new order will be shipped out to you free of charge.

If you are eligible for a refund, you will be credited to the original form of payment used for the original transaction or given credits to your Account.

This policy shall apply at all times regardless of your decision to terminate your usage, KLOUD5's decision to terminate your usage, disruption caused to the KLOUD5 Platform (either planned, accidental or intentional), other delays or disruptions or any other reason whatsoever.  Your refund or exchange may be denied if we determine that your request is based on or related to misuse, abuse or fraudulent activity.

GENERAL

If any provision of these Shipping Terms is held to be invalid or unenforceable, you and KLOUD5 agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.  The failure of KLOUD5 to enforce any right or provision in these Shipping Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KLOUD5 in writing.