Terms and Conditions for US Wholesale Accounts with Vimergy, LLC

Once the wholesale account is approved an email confirmation will be sent confirming the account type and a link to access to the US Wholesale ordering site.   Available products/sizes will be shown, please note that some products/sizes may not be available for resale.

Minimum Order Value

All orders must meet the minimum order amount of $400 per order, case size will be shown for each product and may vary.

Ordering Procedure

• Orders must be placed online via the website

Shipping Policy

• US Wholesale orders are shipping in 1-2 business
• Orders must ship to the approved registered address, no drop shipping
• Flat Rate shipping rate of $30.00 applies on all Any signature requirements set by the carrier insurance cannot be overridden.

Inspection, Acceptance, And Rejection of Products

• The Buyer/Account Holder/Account Holder will be granted an inspection period of 7 days from the date of receipt of the products.
• If defects are discovered during the inspection period, the Buyer/Account Holder/Account Holder must notify the Seller within the inspection The Seller will replace any defective Products identified during the inspection period at no additional cost to the Buyer/Account Holder. In some cases, the items may need to be returned for inspection or destruction.

Return Policy

• No Returns: Once the products have been inspected by the Buyer/Account Holder, no returns will be accepted, except in the case of defects identified during the inspection If defects are identified during the inspection period, the Seller will replace the defective Products.

Disclaimer of Warranties and Limitation of Liability

• Disclaimer of Warranties: The Seller expressly disclaims all warranties related to the Products, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permissible under applicable law. The Seller does not represent or warrant that the Products will meet the Buyer/Account Holder’s requirements or that their operation will be uninterrupted or error-free.

• Limitation of Liability: In no event shall the Seller be liable to the Buyer/Account Holder or any third party for any loss of profits, loss of use, loss of revenue, loss of goodwill, any interruption of business, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with this Agreement or the Products, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if the Seller has been advised or is otherwise aware of the possibility of such damages. The Seller’s maximum aggregate liability under or in connection with this Agreement or the Products will in no event exceed the total amount paid by the Buyer/Account Holder to the Seller under this Agreement during the twelve-month period immediately preceding the event giving rise to such liability.

Confidentiality

• Both parties acknowledge and agree that, during the course of this Agreement, each may obtain confidential information regarding the other party and its business (the “Confidential Information”). Both parties agree to retain in confidence all Confidential Information received from the other party, in a manner reasonable and necessary to protect the confidentiality of the Confidential Neither party shall use, nor disclose to any third party, any Confidential Information of the other party, except as required by law or as expressly permitted by this Agreement. This confidentiality obligation shall survive termination or expiration of this Agreement.

Minimum Advertised Price (MAP) Policy

Buyer/Account Holder/Account Holder will adhere to the Vimergy MAP Policy

• The Buyer/Account Holder agrees to advertise the Products to retail customers at a price that is no lower than the Minimum Advertised Price (MAP) established by the Seller for each product.
• The Seller will provide the Buyer/Account Holder with the MAP for each product.
• If the Buyer/Account Holder violates the MAP Policy, the Seller may choose to discontinue supplying Products to the Buyer/Account Holder.
• Exceptions to this MAP policy may be granted at the Seller’s sole discretion and must be provided in writing.