Terms and Conditions of Sale for Wholesale Customers
This AcuteShield, Inc. Terms and Conditions of Sale for Wholesale Customers Policy (“Terms and Conditions of Sale”) is issued by AcuteShield, Inc. (“AcuteShield”) and applies to all Authorized Sellers of AcuteShield products (“Products”) in the United States of America. These Terms and Conditions of Sale supplement any then-current policy and/or agreement between you and AcuteShield. By purchasing Products from AcuteShield, you agree to adhere to the following terms and conditions. These Terms and Conditions of Sale are effective as of June 1, 2024.
- General Purchase Terms.
a. Pricing. AcuteShield reserves the right to revise the pricing of Products at any time and without advance notice.
b. Shipping. AcuteShield Products are shipped according to the standard methods of shipping in place at the time.
c. Receipt of Products. If a AcuteShield Product is received in damaged condition, then it should be reported promptly to AcuteShield’s Customer Service Department. If a discrepancy exists between the quantity or items ordered and the quantity or items received, then AcuteShield should be notified within seven (7) business days of receipt of the shipment.
d. Purchase Orders and Products. Orders for Products (“Purchase Orders”) made by you shall be handled pursuant to AcuteShield’s then-current Product order and shipment procedures, which may be amended by AcuteShield at any time in its sole and absolute discretion. AcuteShield reserves the right to reject any Purchase Order, in whole or in part, for any reason. AcuteShield reserves the right, at any time in its sole and absolute discretion and without any obligation, liability, or advance notice to you, to discontinue the sale of or limit the production of any Product, to terminate or limit deliveries of any Product, to alter the design or composition of any Product, and to add new and additional Products to or delete existing Products from its Product lines.
2. Product Returns. It is the policy of AcuteShield to accept Product returns directly from Authorized Sellers who sell and distribute Products, as well as consumers who purchase Products directly from AcuteShield via direct fulfillment or other approved means of consumer-direct drop shipping. AcuteShield’s Customer Service Department is responsible for the administration of returns.
a. Returns from Wholesale/Internet Resellers. Product returns from wholesale/internet resellers are accepted under the following terms and conditions:
i. Products damaged during shipment or incorrectly shipped, including differences of opinion between AcuteShield and the wholesale/Internet reseller as to what was ordered, will be credited, or replaced and reshipped (as appropriate) at AcuteShield’s expense. Such returns or discrepancies must be identified within thirty (30) days of purchase from AcuteShield. AcuteShield will determine whether damaged or incorrectly shipped Products will be returned and, if so, AcuteShield will cover the cost of return shipping.
ii. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within seven (7) days of shipment and provided such products are returned in their original condition. To return products, you must call USA CA +1 (888) 520-2830 or email us at support@acuteshield.com.
iii. Product returned for any other reason will be accepted as approved by Customer Service. Depending on the circumstances and condition of the Product to be returned, Customer Service will determine the specific Product credit to be applied. That credit, no greater than seventy-five percent (75%) of the purchase price at the time of sale, will be provided the wholesale/Internet reseller’s account. Customer Service will also determine whether the Product will be returned and, if so, the cost for shipping for any return other than the circumstances outlined in Sections 2(a)(i) above, will be borne by the wholesale/Internet reseller. AcuteShield reserves the right to waive the twenty-five percent (25%) restocking fee.
iv. Customer Service will determine if Product returns should be shipped back to AcuteShield. The twenty-dollar ($20) minimum for returns to AcuteShield will apply, unless there is a quality or other reason determined to require the return of the product.
v. With the exception of Sections 2(a)(i) to (ii), above, no returns of AcuteShield-branded Product will be accepted if the bottle or label has been misbranded (for example, additional stickers, labels, writing) such that it prevents AcuteShield from returning the bottle to stock for resale. Returns must be in the original, sealed AcuteShield bottles.
vi. Returns of non-damaged Products exceeding one percent (1%) of net sales will not be honored unless approved by the Chief Operation Officer.
vii. With the exception of returns of damaged Products (see Section 2(a)(i), above), no returns will be accepted from wholesale/Internet resellers without the prior approval of the Chief Operating Officer.
viii. Wholesale/Internet resellers are responsible for reimbursing their customers for returns.
3. Miscellaneous.
a. Modifications. AcuteShield reserves the right to update, amend, or modify these Terms and Conditions of Sale at any time. Unless otherwise provided, such amendments will take effect immediately and your purchase of the Products following notice will be deemed your acceptance of the amendments.
b. Waiver. No waiver of any breach of any provision of the Terms and Conditions of Sale shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, nor shall it constitute a course of dealing and no waiver shall be effective unless made in writing.
c. Severability. If any provision of these Terms and Conditions of Sale is held contrary to law, the remaining provisions shall remain valid.
d. Governing Law and Venue. These Terms and Conditions of Sale and any dispute arising hereunder shall be governed by, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its choice of law rules. In the event of a dispute over the terms or performance under these Terms and Conditions of Sale, you expressly submit to personal jurisdiction and venue in the federal or state courts in Marquette County, Michigan.