Customer acknowledges that Company shall not be liable for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Company has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Company’s products.
All materials published on Company’s website, packaging, and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are the possession and under the control of Company or the party credited as the provider of the material. The entire content of this website are also owned by Company. No material from this website or any website owned, operated, licensed, or controlled by Company, product packaging, or other promotional documentation may be copied, reproduced, republished, transmitted, or distributed in any way. Customer acknowledges that there are no ownership rights by downloading, printing, or producing and copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Company or the other designated owner of a posted mark.
NOTE: IN COMPLIANCE WITH PA HB 1198, ALL PENNSYLVANIA CITIZENS ARE RESPONSIBLE FOR SUBMITTING 40% SALES TAX ON ALL PURCHASES MADE ON THIS WEBSITE. Failure by any party to pay the required tax could result in hefty fines or up to five years in prison.
FOR MORE INFORMATION, VISIT http://blog.casaa.org/2016/05/pa-take-action-to-oppose-40-percent.html.
Confidentiality. Wholesale prices and price lists relating to Company business are proprietary information and thus confidential, designated for the use of Retailer only. Publishing or revealing the wholesale pricing of Company’s product line outside of Retailer’s exclusive professional use or the Retailer is strictly forbidden without prior written consent from Company. Failure to preserve the Company’s confidentiality in its wholesale pricing will result in the immediate and permanent termination of Retailer’s wholesale account. Company reserves the right to seek compensation for any losses or damages that result from any breach of confidentiality. Accordingly, details of Retailer’s account will not be shared with any other individual outside Company representatives and partners.
Orders. Once an order has been submitted, the order is considered final. Substitutions may be accepted on a case-by-case basis but are not guaranteed, although additional items may be submitted as a separate order. Prices are subject to change without notice and will be reflected on the web store. Company reserves the right, at its sole discretion, to change ingredients, packaging, and included documentation. All orders are subject to availability.
Taxes. Retailer is responsible for assessing appropriate state and local taxes on the sale of Company products. As such, wholesale orders are tax-exempt.
Shipping & Rush Orders. Orders will be shipped via USPS, UPS, and/or FedEx, and the method of shipping is at the discretion of Company. If Retailer requests a specific carrier, Company may try to accommodate the request, although this is at no time guaranteed. After both purchase order and payment are received, most orders typically ship within two (2) to four (4) business days. Special orders and backorders will require additional time. Shipping times may be requested by Retailer, and Company will give best estimation, although this is subject to change based on product availability and production. Actual shipping time is contingent upon availability of merchandise. Company will not be responsible for shipping delays caused by a carrier.
Cancellation Policy. All monies paid are non-refundable, and should a cancellation occur after the submission of a web order, Retailer will be financially responsible for 100% of all charges.
Returns. Due to the sensitive nature of products sold, Company cannot and will not accept returns or exchanges of merchandise. Once an order has been submitted on this site, the order is considered final and no changes or substitutions may be made.
Notice of Defects. Retailer is responsible for the inspection of merchandise upon receipt. Any merchandise with visible damage must be reported to the delivery service immediately upon receipt within Retailer’s location. Retailer shall notify Company in writing within five (5) business days of customer’s receipt of merchandise of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Retailer, including, without limitation, claims related to shortages, quality, or specification. Company shall not be responsible for shortages when shipments are directed to a third party other than Company. Company will make every effort to provide information and assist in the completion of the Retailer’s claim. Retailer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions, shall constitute a waiver of any claim Retailer may have for damages resulting from such defects, including late delivery.
Disclaimer of Warranties. Company cannot guarantee variances in color or shade of product or packaging. Company hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between Company and Retailer and shall not apply to products sold by Company.
Sale to Minors. Company’s products are restricted to use of sale to individuals of legal age within Retailer's state.
Limitation of Liability. Retailer acknowledges that Company shall not be liable for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Company has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Company’s products.
Force Majeure. Neither Company nor Retailer shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions, in whole or in part. Neither party shall be liable for any losses due to a party’s failure of or delay in performance of its obligations (except for payment obligations) under this contract to the extent such failure or delay is due to acts of God, declared and/or undeclared war, terrorism, government regulations, natural disaster, labor disputes of party employees, civil disturbances, curtailment of common carrier transportation facilities, or other similar circumstances, to the extent that such circumstances make it illegal or impossible for Company to provide products to Retailer. The parties agree to use their best efforts to resolve any conflicts stemming from a Force Majeure event. If such effort at resolution is unsuccessful, the non-refundable payment shall nevertheless be retained by Company. The ability to terminate the contract without cancellation penalties pursuant to this paragraph is conditioned upon Retailer’s delivery of written notice to Company of the illegality or impossibility of performance not less than two (2) business days prior to shipment of purchase order. Neither party shall be liable to the other for any claims, damages or other loss caused by or resulting from a Force Majeure event subject to this provision.
Severability and Waiver. If any term or provision of this contract is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part thereof shall be deemed stricken from this contract, and such provision shall not affect the legality, enforceability, or validity of the remainder of this contract. If either party agrees to waive its right to enforce any term of this contract, this waiver does not impact the right to enforce any other terms of the contract.
Jurisdiction & Governing Law. Company is headquartered in the State of Virginia, United States of America. These Terms and Conditions shall be governed by and interpreted under the laws of the State of Virginia (without regards to its conflicts of laws and principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Retailer expressly agrees that exclusive jurisdiction for any dispute with Company, or in any way relating to these Terms and Conditions, resides in the courts of the State of Virginia, and Retailer further agrees and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Virginia in connection with any such dispute including any claim involving the merchandise or Company or its affiliates, subsidiaries, employees, contractors, officers, and directions.
Use of Materials. All materials published on Company’s website, packaging, and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are the possession and under the control of Company or the party credited as the provider of the material. The entire content of these documents are also owned by Company. No material from this website or any website owned, operated, licensed, or controlled by Company, product packaging, or other promotional documentation may be copied, reproduced, republished, transmitted, or distributed in any way. Retailer acknowledges that there are no ownership rights by downloading, printing, or producing and copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Company or the other designated owner of a posted mark.
Miscellaneous. These Terms and Conditions constitute the entire agreement between Company and Retailer, superseding any prior agreements between Company and Retailer. The failure of Retailer to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Retailer agrees that regardless of any state or law to the contrary, any claim or cause of arising out of related to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Entire Agreement. These Terms and Conditions constitute the entire contract between the parties with respect to the subject matter hereof and supersedes all previous proposals both oral and written, negotiations, representations, commitments and other communications between parties. This contract may not be released, discharged or modified except in writing and signed by a duly authorized representative of each party.