The terms below will govern the sale of merchandise relating to Yumbox products (“Merchandise”) by Boolabox (“Seller”) to the authorized buyer of the retail establishment agreeing to the terms set forth hereunder (“Retailer”).
1. Prices and Payment.
- Prices. Merchandise prices and minimum order quantities of Merchandise are set forth on the online Yumbox Wholesale Shop.
- Purchase Orders. Retailer’s order submission via the Yumbox Wholesale Shop and full payment of said order plus shipping will be accepted by Seller as the Purchase Order. All orders are processed subject to availability. Such availability will be posted on the online Yumbox Wholesale Shop.
- Payment. Retailer will pay for Merchandise via the online Yumbox Wholesale Shop unless the parties agree to an alternate form of payment. Such agreement shall be in writing between the parties. Merchandise will only be shipped to Retailer when payment is received in full.
Retailer will be responsible for all Merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Retailer may be required to act as the importer of record for international shipments. International Retailers must notify Seller of any claimed shipping error or damage within 10 days of receipt of Merchandise. Retailer’s failure to give such notice within that time frame shall be deemed a waiver of Retailer's claim for incorrect or damaged shipments.
Within 10 days of Retailer’s receipt of Merchandise, Retailer may return (i) Merchandise that does not conform to Retailer’s order specifications or (ii), Merchandise damaged or shipped incorrectly if notice of condition is given within 10 days of receiving the merchandise. Returns will be credited to Retailer’s account or replaced.
Retailer is prohibited from reselling Merchandise outside of the retail venue approved by the Seller. Sales via Amazon.com and all Amazon channels is prohibited.
5. Customer Service
Retailer is responsible for providing its customers with customer service for the Merchandise sold by the Retailer. Retailer is responsible for accepting returns and issuing refunds. Retailer may be credited by Seller for defective returns of Merchandise, provided Retailer provides evidence for each returned defective unit claimed (i.e. receipt of purchase and photo of damaged products, evidence of refund or exchange).
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF RETAILER.
- Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.
- Governing Law; Dispute Resolution. This agreement shall be governed by Pennsylvania law. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Philadelphia, Pennsylvania.
By clicking the “I’ve read and accept the terms & conditions” on Seller’s online Yumbox Wholesale Shop, Retailer is bound to the terms and conditions set forth above.