Terms & Conditions

TERMS & CONDITIONS

ONLINE STORE/FULFILLMENT

180 Mall Road Suite G

Hollister, MO 65672

Tuesday – Friday

10:00 AM – 6:00 PM Central Time

VAPE SHIPPING
Swin ships out only vape cartridges and pods. Swin does not ship disposables currently due to PACT ACT compliance. Swin's cartridges and pods are not ready to use so they remain in compliance with PACT ACT wishes.

DEFECTIVE VAPE PRODUCTS

If an order of vape was received as defective, please contact Swin via email at info@swindispensaries.com and ship back your vape order to the address provided 180 mall road ste g hollister mo 65672.

SWIN HAS A NO CANCELLATION, REFUND, OR EXCHANGE POLICY. No Cancellation, refund, or exchange will be given for any reason.

OVERVIEW
This website is operated by Swin Dispensaries. Throughout the site, the terms “Swin”, “we”, “us” and “our” refer to Swin Dispensaries. Swin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES - if applicable
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any quantitative amounts given for a product are approximations and you accept any potential variance when purchasing a product from this site. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Any information related to dosing of any product(s) is given for educational purposes only and should not be considered an instruction from Swin in any way, shape, or form on how to utilize the products offered by Swin Dispensaries.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or product reviews) or without a request from us you send 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 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 comments.

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, is a medical claim, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Swin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Swin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hollister, Missouri

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at SwinDispensaries@gmail.com

SECTION 21 — CANCELLATIONS
Cancellations are not guaranteed and are governed by our Cancellation Policy.

SECTION 22 — SHIPPING
At this time, we only ship within the United States. All retail orders are typically shipped out in 1-2 business days, but may take longer at any given time, for any given reason. We ship via USPS Ground Advantage which then typically takes an additional 2-3 business days for the product to arrive (within the 48 contiguous States).

Shipping times are not guaranteed and are subject to change at any time for any reason.

Please note that at this time SWIN will not deliver to Military Bases. If you place an order to one of these locations your order will be placed on an indefinite hold, and you may be banned from future purchases at our sole discretion.

Once a package leaves our facility and/or makes it into the possession of the carrier, Swin is no longer liable for the status or location of your order.

Note that any attempt or request to cancel or chargeback an order after it is placed or shipped, or to try to coerce any type of specialized treatment or outcome based off the insinuation, as determined by Swin, in its sole discretion, that you may leave a less than favorably private or publicly given review, will be viewed as attempted fraud and a violation of our Terms of Service, and we may, in our sole discretion, prevent you from ordering from any or all websites and retail locations operated by us or our affiliated companies. We also may, in our sole discretion, share your information with affiliated and non-affiliated companies, including retailers and online retailers and distributors as someone associated with a high fraud risk. We may post your information to be seen in a manner that may be accessible to the public. This may cause others to not sell to you or otherwise transact any form of business with you. This may also lead to others commenting on your interactions with Swin. You accept all these potential outcomes as part of your request to cancel your order, seek a refund, or force an outcome on your order, as defined by Swin, in our sole discretion, at any given time now or in the future.

All questions emailed to info@swindispensaries.com will be answered as quickly as possible but are not guaranteed a response. There is no right of privacy to anything you send to Swin, whether written, telephoned, or communicated in any way.

Swin uses a USPS address verification system. If your address is not confirmed, you will receive a phone call or email from our Fulfillment Center. In certain cases, this may delay your order. If we do not receive a response within 48 hours of the final attempt (all “final attempts” will be specified in a voicemail message and/or email to the contact information provided on the order), your order is subject to be canceled and refunded without your consent. Your purchase may also be sent to the unconfirmed address and not receive any refund if the package is not received.

Based on the value of your order, Swin may reach out to you to verify additional information to ensure the accuracy and legitimacy of the order. In certain cases, this may delay your order. If we do not receive a response within 48 hours of the final attempt (all “final attempts” will be specified in a voicemail message and/or email to the contact information provided on the order), your order is subject to be canceled and refunded without your consent.

CANCELLATION

In general no orders can be canceled. We can try to accommodate a request, but we cannot guarantee our fulfillment center will see your request or be able to accommodate your request before the package is shipped to you.

This policy includes cancellations for any reason, as well as requests for changes in shipping addresses. If a package is not delivered due to an inaccurate address provided by the customer at the time of purchase Swin is not responsible for a replacement, refund, or credit.

If a package was shipped to a wrong address input by you at checkout, it is up to you to retrieve the package.

SHIPPING POLICY
SHIPMENT PROCESSING TIME
All orders are processed within 1-2 business days Tues-Fri by our fulfillment center. Orders are not processed, shipped, or delivered outside operating hours, weekends, or holidays.

Orders will not begin processing until next business day if submitted after 2pm.

Please note that shipping and processing/fulfillment times are different.

If we are experiencing a high volume of orders, poor weather conditions, low labor availability, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

After Swin ships a purchase, the time of delivery is out of Swin's hands.

Average delivery time is 2-3 days. Allow a minimum of 7 business days before contacting USPS about your package.

Tracking numbers are provided to customers for all orders as soon the orders are processed.

SHIPPING RATES & DELIVERY EXPERTS
Swin will send online purchases via USPS Ground Advantage.

Shipping charges for your order will be calculated and displayed at checkout.

Shipment method
Shipment cost

CUSTOMS, DUTIES, & TAXES
www.swindispensaries.com is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

DAMAGES
www.swindispensaries.com is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

VAPE SHIPPING
Swin ships out only vape cartridges and pods. Swin does not ship disposables currently due to PACT ACT compliance. Swin's cartridges and pods are not ready to use so they remain in compliance with PACT ACT wishes.

DEFECTIVE VAPE PRODUCTS

Swin carefully inspects all vape products before leaving the fulfillment center. Once Swin has possession of the returned defective vape product Swin will Send back a replacement. To receive a replacement all packaging must be with the original vape device. If Swin finds no issue with the vape and shows no oil remaining with no signs of leaking, Swin will send back the same device only at the customers expense.

OTHER INFO
Swin does not ship to PO Box addresses.

Swin ships to addresses within the Continental U.S.

Swin does not ship to APO/FPO/DPO addresses.

You will receive shipment confirmation & order tracking.

You will be sent a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

Swin is not responsible for soft chew or chocolate orders arriving in melted form. Swin ships all products in excellent shape. Once Swin sends off the order it is USPS responsibility for any damage or arrival time of an order. Soft chews and some edibles have potential to melt in prolonged exposure to heat. Please be vigilant in taking shipments inside to room temp.

Swin cannot be held responsible for any order that is stolen outside the customers' address, lost in transit, undelivered, or mistakenly seized.

*Shipping Charge will vary dependent upon volume of items ordered, weight of package, and destination region.
**Overnight deliveries are not available.
***Delivery delays can occasionally occur.

Swin retains the right to not ship to any state where local laws conflict with H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill.

Swin retains the right to not ship to any states or territories where local laws conflict with H.R. 2: The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill. Swin is not responsible for knowing whether these products are legal in your state and you assume full responsibility for all parts pertaining to your purchase. Swin is not responsible for anyone falsifying legal age to purchase Swin's products online and you assume full responsibility for all parts pertaining to your purchase and actions.

INTERNATIONAL SHIPPING POLICY
We do not ship outside the U.S.

RETURN/REFUND POLICY
RETURNS
Swin has a no return policy in-store. Please see In-Store Receipt for return and refund policies.

Swin has a no return policy for the online store. No return for any reason will be given.

REFUNDS
Swin has a no refund policy in-store. Please see Receipt for return and refund policies.

Swin has a no refund policy for the Online store. No refunds for any reason will be given.

Material availability may vary. If desired material is out of stock at purchase Swin will contact you to discuss a suitable exchange. If Swin cannot reach you within 24hrs Swin will find a perfect alternative to ship in its place. No Refunds are available.

EXCHANGES
Swin inspects all products before leaving the shop/fulfillment center. All products leave Swin in excellent condition.

IN-STORE: Swin may only replace items if they are defective or damaged. This does not guarantee an exchange. Visit in-store to discuss a possible exchange.

ONLINE STORE: Swin will not exchange any products once they leave the fulfillment center. *see defective vape products

Swin will fulfill online orders only during operating hours. For example, if someone purchases friday night after close, Swin will begin fulfilling these items Tuesday morning which is 3 days after completing your online purchase. Please give 3-4 business days for your order to arrive after fulfillment. This means it may take 7-8 days to receive your online shipment in this example.

IF YOU ARE WISHING TO HAVE A QUICK SHIPMENT TURN AROUND PLEASE ORDER MORNINGS TUESDAY-FRIDAY.