TERMS AND CONDITIONS OF PURCHASE
Introduction: This document outlines the terms and conditions that govern the relationship between ECOM WHOLESALE DEALS (referred to as the "Seller") and the Purchaser in relation to the purchase of goods and materials described in the corresponding invoice attached (the “Invoice”).
I. Payment: The Purchaser agrees to promptly make payment for the "subtotal" amount as specified in the Invoice. Payments made more than fifteen (15) business days after the due date shall be subject to a 5% late fee.
II. Returns: All sales are considered final. In the event that the Purchaser believes they were negligently misinformed by the Seller, such concerns must be reported to the Seller in writing within three (3) business days of the goods' delivery. The Seller retains the sole discretion to approve a return request within the stipulated time frame. Approved returns may be subject to a fifteen percent (15%) restocking fee.
III. Duty of Good Faith and Buyer Beware: The Purchaser acknowledges the independent responsibility to conduct thorough research and due diligence on the goods and merchandise involved in the transaction.
IV. Order Pickup and Delivery: Unless otherwise specified, the Purchaser is required to collect ordered goods from the Seller's principal place of business within fourteen (14) days of receiving notification of their availability for shipment. The responsibility for the delivery of goods lies solely with the Purchaser. In case goods are not collected within thirty (30) days of availability notification, a storage fee of $75.00 per pallet per month may be incurred.
V. Arbitration Clause for the State of New Jersey: Any disputes, controversies, or claims arising from or related to this contract, including its formation, interpretation, performance, or termination, will be resolved through arbitration according to the rules of the American Arbitration Association (AAA) with modifications from the New Jersey Arbitration Act. This arbitration clause and the entire agreement are governed by the laws of the State of New Jersey.
VI. Service Description: The Seller operates as a wholesaler and distributor of various goods, including but not limited to cosmetics, skincare, and fragrances. Unless explicitly stated, the Seller does not assert itself as an authorized distributor for any brands or merchandise it offers.
VII. Prior Sale: All items are subject to prior sale. Some of the merchandise offered might be available in the Seller's warehouse, while others may be inbound or not owned by the Seller. The Seller does not assert having merchandise in stock unless explicitly mentioned. A reasonable processing and shipping time will be provided by the Seller.
VIII. Dating / Batch Codes: Typically, expiration dates and batch codes are provided when the product is offered. If not provided, it is the Buyer's responsibility to obtain this information from the Seller. The Seller, being a closeout company, might have products with older batch codes or expired products. The Seller is not liable for returns due to these reasons.
IX. Selling Restrictions: The Seller disclaims responsibility for goods or merchandise subject to selling restrictions enforced by third parties like Amazon, FBA, or other marketplaces. The Purchaser is solely responsible for ensuring authorization and capability to sell such goods. The Seller does not claim to be an authorized re-seller or distributor of the brands offered unless explicitly stated. The Seller is not affiliated with Amazon.
X. Information and Projections: Any information provided by the Seller, including Amazon comparisons or projections, serves as an aid for the Purchaser's research and should not be solely relied upon. It does not constitute a representation.
XI. Goods in Transit: The Seller is not liable for goods in transit.
XII. FBA Packaging and Third-Party Fulfillment: Fulfillment by Amazon (FBA) packaging provided by the Seller is for the Purchaser's convenience. The Seller is not responsible for any damage or issues arising during transportation to Amazon's or any other third-party fulfillment center.
XIII. Non-Returnable Items: Under no circumstances shall the following items be eligible for return:
- Any opened, used, tried on, altered, damaged by the customer, missing pieces, or missing packaging materials.
- Clearance items, special sale items, promotional items, and special order items are considered final sale.
- Items sent to an Amazon FBA Warehouse cannot be returned to the Seller unless an order mistake occurred.
XIV. Non-Refundable Deposits: All deposits made by the Purchaser to secure an order are considered non-refundable. Once a deposit is made, it will not be eligible for refund, regardless of the circumstances. The non-refundable nature of deposits underscores the Purchaser's commitment to the transaction and the products being acquired. The Seller retains the right to deduct the value of any non-refundable deposits from any potential refund or credit in the event of an approved return or cancellation.
BY PROCEEDING WITH THE PURCHASE, THE PURCHASER ACKNOWLEDGES AND AGREES TO THE ABOVE-STATED TERMS AND CONDITIONS SET FORTH BY ECOM WHOLESALE DEALS.