Last updated: February 27, 2025
Throughout these CBD Product Terms of Service (“CBD Product Terms”), the terms “Faire,” “us,” and/or “we” refer to Faire Wholesale, Inc. The terms “you” and/or “your” refer to you as a user of the Services as a Brand. Faire currently supports transactions for topical (non-ingestible) products containing CBD (Cannabidiol) on a pilot basis within the United States, with a limited number of brands that have been accepted into this pilot program. In order to offer CBD products to retailers on Faire, you must be enrolled into this pilot program and agree to this CBD Product Terms of Service, which incorporates the Faire Wholesale Terms of Service (“General Terms”) and Brand Terms of Service (“Brand Terms”). Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms or the Brand Terms.
In order to participate in the CBD pilot program, you agree and certify the following:
1. The CBD products you offer using Faire’s Services are topical-only (non-ingestible), non-intoxicating, derived only from hemp and not from marijuana, and do not contain any synthetic THC (tetrahydrocannabinol), including Delta-8 THC. Ingestible products containing CBD, intoxicating products containing CBD, products containing marijuana-derived CBD, and products containing synthetic THC are not permitted on Faire.
2. The CBD products you offer using Faire’s Services are not labelled as dietary supplements or nutritional supplements and do not claim your product can diagnose, treat, or prevent any disease or medical condition, or provide any other therapeutic, medical, or medicinal use.
3. Your business, operations, and the CBD products you offer using Faire’s Services are fully compliant with all laws and regulations in the states in which you operate, including the states that you intend to sell into using Faire’s Services, and you affirmatively monitor changes in the laws and regulations of those jurisdictions to maintain compliance. You have confirmed that you have obtained necessary registration or licensure in any states, municipalities, or other jurisdictions that require registration or licensure to manufacture, store, or sell products containing CBD. If you do not have sufficient registration or licensure for any state, municipality, or jurisdiction, you will not use Faire’s Services to sell or attempt to sell CBD products into that location. The CBD products you offer using Faire’s Services do not exceed 0.3% THC by dry weight, and comply with more stringent requirements in any jurisdictions that you intend to sell to using Faire’s Services, including Alaska and Idaho which both prohibit any detectable level of THC in topical products. You will not use Faire’s Services to sell or attempt to sell CBD products from or to states or other jurisdictions where the products are prohibited by law, or where Faire has restricted such products.
4. The CBD products you offer using Faire’s Services have sufficiently bold warnings on the packaging to ensure that a purchaser or consumer is immediately aware the product contains cannabinoids, and complies with any state requirements for disclosures in the states that you intend to sell into.
5. The CBD products you offer using Faire’s Services include an ingredients list on the packaging, and you provide a legible photo of the ingredients list on the product listing on Faire. You will also include any other disclosures that Faire requires for the product listing on Faire.
6. Section 8.a. of the Faire Wholesale, Inc. Brand Terms of Service (“Flash Title”) does not apply to any transaction involving products containing CBD. Instead, title for the product passes from you to the Retailer.
7. Faire will not take possession of or title to any product containing CBD, and such products may not be returned to Faire.
8. The CBD products you offer using Faire’s Services are not marketed to minors, and do not have packaging, advertising, or other features that are attractive to minors including: depictions of minors or anyone under the age of 21; cartoons; likeness, characters, or phrases used to advertise to children; imitation or appearing as candy or as snack food, including mimicking the appearance or packaging of popular candy or snack foods or adding CBD to commercially available candy or snack foods; use of the terms “candy,” “candies,” or other variants like “kandy” or “kandeez”.
9. You will provide Faire with up to date copies of COAs (certificates of analysis) for all CBD products you offer using Faire’s Services, and will proactively send Faire the COA for any new products or batches prior to offering such products or batches using Faire’s Services.
10. You will cooperate with Faire and provide Faire with any additional information that it requests about the CBD products you offer using Faire’s Services, whether the information is necessary for legal compliance or otherwise.
11. Ship with Faire may not be available for products containing CBD.
12. You have read and agreed to the General Terms, including section 14.o. (“You agree not to do any of the following . . . Violate any applicable law or regulation”), and section 20 (“Indemnity”).
13. Laws and regulations concerning CBD products are changing regularly, and Faire reserves the right to modify these terms at any time, including terminating this pilot program. For more information, see the General Terms section 2.
