HT Reseller Contract
All sales made by Herbaltides Ltd (Seller) to you (Reseller) are governed by the following terms and conditions of sale unless otherwise indicated by Herbaltides Ltd in writing. Please read the following terms and conditions thoroughly before submitting your application for wholesale pricing. Please do not submit the Resellers application unless you understand the terms and conditions and agree to abide by them. Herbaltides Ltd reserves the right to amend or modify these terms and conditions of sale at any time at its sole discretion. Seller shall not accept a purchase order unless and until Reseller consents to these terms and conditions of sale and completes the Reseller application. These terms and conditions of sale as set forth in this document supersede the terms and conditions of Resellers purchase orders(s) and will govern all transactions between Reseller and Seller. These terms and conditions of sale also apply to all future transactions unless modified in writing and signed by Seller and Reseller.
Orders are processed through the Herbaltides Trading website (www.wholesale.herbaltides.co). Payment is due by Reseller at time of purchase. Herbaltides Ltd does not accept COD or personal checks. In the event that online ordering is not available or impossible, orders can be processed by phone or email with payment due by debit or credit card at the time of order.
Orders will be shipped via Parcel Force 24-hour or Special Delivery via Royal Mail. Herbaltides Ltd will attempt to accommodate rush orders and special requests, but cannot guarantee dispatch or delivery times. The Seller will attempt to ship orders as soon as possible, but Processing time can be up to 7 business days. Special or very large orders may take longer than normal to process. Shipping dates are estimates and Herbaltides Ltd is not responsible for delays caused by mail/freight carriers or circumstances beyond our control. International orders will be shipped DHL or Royal Mail International Tracked depending on the size of the shipment.
Reseller is responsible for inspecting shipment and products upon receipt. Any merchandise with visible damage must be noted immediately to Herbaltides Ltd and to the carrier service upon receipt. Reseller shall notify Seller in writing within four days of receipt. Seller is not responsible for shortages when shipments are redirected or intercepted by a third party.
Acceptance of Late or Defective Merchandise
Reseller’s failure to provide written notice of a claim within four days, as set forth in these terms and conditions of sale, shall constitute a waiver of any claim Reseller may have for damages resulting from such defects, including late delivery.
E-Liquid Return Policy
E-Liquids cannot be returned unless damaged or wrongly shipped. Due to the nature of vapour e-liquid products, the Seller cannot resell or refurbish the product for resale, and therefore cannot accept returns for non-damaged items as to prevent tampering of our products, which offers added protection for the end user. The Seller shall not be liable for defects resulting from goods being stored or used where unsuitable environmental conditions prevail or which have been subject to abnormal degrees of temperature, humidity, light, strain or other treatment.
Retail Minimum Advertised Pricing (MAP) Policy/Agreement
Minimum Advertised Pricing (MAP) values are displayed on each product listing under "RRP".
Reseller agrees to abide by the above listed MAP pricing strategy that is fair to both consumers and other Resellers. Reseller may set pricing above the MAP, but is strictly forbidden without prior written consent from the Seller to set prices below. We will not tolerate predatory pricing or allow our Resellers to flood the market with low prices in order to drive away other competitors. Exceptions to MAP rates may be granted to Reseller only with prior written approval by Seller for short-term seasonal or promotional sales, quantity discounts, fundraising, or closeouts. Ongoing sales without end are not considered legitimate exceptions.
Your right to cancel
Under UK law you have the right to cancel your order within 14 days of order placement. Any products that have already been shipped will need to be returned in their original, unopened, unused packaging within 28 days of your order being placed and a full refund will be arranged, excluding shipping costs (both outward and return).
Changes to Pricing & Products
Prices, both retail and wholesale, are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. The Seller reserves the right, at its sole discretion, to change ingredients, packaging and included documentation. All orders are subject to availability.
Non-Disclosure & Confidentiality
Herbaltides Ltd wholesale prices and price sheets are confidential, and for the use of the Reseller only. Publishing or revealing the wholesale pricing of the Seller’s product line outside of the business of the Reseller is strictly forbidden without prior written consent from the Seller. Failure to preserve the Seller’s confidentiality in its wholesale pricing will result in the immediate and permanent termination of wholesale status of the Reseller. The Seller reserves the right to seek compensation for any loss or damages that would result from any breach of confidentiality.
Disclaimer of Warranties
Seller cannot be held responsible for variations in colour or shade of product or packaging between lots/batches. Merchandise Seller 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 Reseller and Seller and shall not apply to products sold by Seller.
Limitation of Liability
Reseller acknowledges that the Seller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller's merchandise.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Acts of God and Other Uncontrollable Circumstances
Neither Reseller nor Seller 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 of Sale, in whole or in part.
Seller is headquartered in Derby, United Kingdom. These terms and conditions of sale shall be governed by and interpreted under the laws of the United Kingdom. If any provision of these Terms and Conditions of Sale 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. Reseller expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the United Kingdom and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the United Kingdom in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, and directors.
Use of Materials
All materials published on the Herbaltides Ltd website, packaging and promotional materials are protected by copyrights which are owned and controlled by Herbaltides Ltd or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under the United Kingdom copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by Herbaltides Ltd or Herbaltides Subsidiary company, product packaging, or other promotional documentation may be copied, reproduced, republished, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing any 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 Herbaltides Ltd or the other designated owner of a posted mark.
The Reseller must include warning on any marketing material, or, in the case of e-commerce, easily accessible and noticeable on any domain associated with the Product, that the Product is intended only for adult users of legal age and the Product should be kept out of reach of children and pets. Positive Marketing Both parties agree to positively promote the other in any public facing mentions of the other party. Reseller agrees to market appropriate Materials, web content, and other public communications and may not target children or consumers under the legal smoking age in their respective jurisdiction. This includes the use of cartoon characters on any marketing materials featuring Herbaltides Ltd products. Violation of this is grounds for immediate termination of this Reseller Agreement. If you have any questions about this clause, please do not hesitate to contact us to discuss your concerns.
These terms and conditions of sale constitute the entire agreement between Seller and Reseller, superseding any prior agreements between Reseller and Seller. The failure of Seller to exercise or enforce any right or provision of these terms and conditions of sale shall not constitute a waiver of such right or provision. You agree that regardless of any law to the contrary, any claim or cause of action related to these terms and conditions of sale 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 of sale are for convenience only and have no legal or contractual effect.
Herbaltides Ltd will make every attempt to accommodate sample requests. Samples will be sent at the sole discretion of Herbaltides Ltd. Sample recipient must prove they are a business prior to shipment of samples.