Warranty & Return Policy

Warranty and Return Policy.
PLEASE INSPECT YOUR ORDER UPON RECEIPT AND CONTACT US IMMEDIATELY IF THE ITEM IS NOT WHAT YOU ORDERED OR IS DEFECTIVE OR DAMAGED. Some of the products available through our site may be covered under a manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site. All purchases are final; provided, however, if you receive a product other than the product ordered or that is damaged or defective upon receipt, you may contact us at info@midewstkanna.com to obtain a return merchandise authorization and a refund upon receipt of the returned product, unopened and with all original packaging. No returns of any type will be accepted without a return merchandise authorization given by us in advance. Upon receipt of your authorized return, we will process your refund and will strive to complete the refund within 7 to 10 business days from receipt of the returned item, but cannot guarantee a specific time.

Safe Shopping.
Your browser and our secure server encrypt confidential information during transmission. We use safety precautions to protect your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability if we fail to follow identification procedures prior to processing your charge. This provision applies only to purchases made using our secure server (https: protocol).

Privacy and Customer Information.
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor strikes, war, terrorist incident, fire, accident, adverse weather, pandemic governmental shutdowns, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Entire Agreement.
These terms and conditions of these Sale Terms and Conditions, together with our Terms of Use and Privacy Policy, constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.

Governing Law and Statute of Limitations.
This site (excluding linked sites) is controlled by us from our offices within the State of Florida. By accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts, as applicable to the matter, serving the residences of Sedgwick County, Kansas. Any cause of action brought by you against us or our Affiliates must be instituted within the shorter of one (1) year after the cause of action arises or the applicable statute of limitations for such causes in the state of Kansas; or, any such cause shall be deemed forever waived and barred. We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Notices.
All notices to a party shall be in writing and shall be made either via e-mail, regular US mail or federally recognized overnight courier. Notices to us must be sent to the attention of Customer Service at info@midwestkanna.com. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your registration of account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail; or (4) on the delivery date if transmitted by confirmed e-mail.
Enforcement Costs. In any action to enforce or interpret these Terms of Use, the prevailing party will be entitled to all enforcement costs against the non-prevailing party, including, but not limited to attorney’s fees, paralegal costs, travel costs of counsel, arbitration costs, mediation costs and witness fees, whether incurred at trial or appellate level or in mediation, arbitration or bankruptcy proceedings.

Severability.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Non-waiver.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Mandatory, Binding Arbitration.
Any and all controversies or claims arising out of or in any way relating to the Terms of Use, Terms and Conditions of Sale, procedures under the Privacy Policy, the use of the site, or purchases made through the site or a third-party site linked to this site shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then current Commercial Arbitration Rules. Claims shall be heard by a single arbitrator assigned by the American Arbitration Association. The place of arbitration shall be Sedgwick County, Kansas, US. The arbitration shall be governed by the laws of the State of Florida The arbitrator will have no authority to award punitive damages, consequential damage, incidental damages or other damages not measured by the prevailing party's actual damages, except as may be required by a statute which does not permit waiver. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, the cost of enforcement as provided above. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: (1) that the underlying award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); (2) that the underlying award rendered by the arbitrator shall, at a minimum, be a reasoned award; and, (3) that the underlying award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an underlying award, as defined by Rule A-3 of the Appellate Rules (as the same may be amended or replaced from time to time), by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. By use of this site you agree to be bound by the terms of this provision and waive any right to file suit in any court or tribunal and waive any right to trial by jury.