Terms and Conditions
Online Wholesale Order Terms and Conditions ("Agreement")
TERMS OF SALE.
This Agreement is the only agreement between Bella Viva Orchards, Inc. ("BVO") and Buyer relating to “Products” offered on BVO's “Wholesale Website” (www.bellavivawholesale.com) and purchased by Buyer on BVO’s Wholesale Website. The person (whether individual or entity) that submits an online order on BVO's wholesale website is referred to as "Buyer". By placing an order through the Wholesale Website, Buyer agrees to be bound by this Agreement.
BVO does not offer samples for Wholesale Website orders or customers.
BVO does not accept returns. If for any reason Buyer is dissatisfied with Product purchased from BVO’s Wholesale Website, please contact us at email@example.com and we will attempt to address Buyer’s concerns. Specifications are subject to change without prior notice.
Shipping is available only to destinations withing the contiguous United States. BVO cannot ship wholesale orders to Alaska, Hawaii, Puerto Rico, foreign countries, or any other locations outside of the contiguous United States. Orders placed through the Wholesale Website are FOB Hughson CA 95326. Meaning, Buyer is responsible for any and all shipping costs. There are three shipping options available: (1) Buyer arranges freight through the order process on the Wholesale Website; (2) Buyer picks up at BVO's facility; and (3) Buyer arranges freight company (“Agent”) to pick up at BVO's facility. If Buyer or Buyer's Agent picks up, the order number must be presented at time of pickup. Pickups are available Monday-Friday 9:00 am through 4:00 pm except holidays.
In order to place an order through the Wholesale Website, Buyer must purchase a minimum of $400 of product for each order. Orders are ready to ship within 3 business days unless product is out of stock. In the rare event that product is either out of stock or there is insufficient stock to fulfill the entire order Buyer will be contacted within 2 business days to either cancel, adjust, or ship the remainder of the order when it is back in stock.
CERTIFICATE OF ANALYSIS.
COAs are not available for product purchased through BVO's Wholesale Website. Product specifications listing product information such as water activity, moisture, microbiological limits, and other pertinent information are available on each product page. If COAs are required, product can be purchased directly through BVO's manufacturing division; however higher minimum order limits must be met and COAs may require a fee.
BVO agrees to indemnify Buyer only for personal injury or property damage directly caused by the Product and actually sustained by any person; provided, however, that BVO’s indemnification obligation shall arise only if and when evidence is established that the Product is the cause of the personal injury or property damage. BVO’s indemnity is expressly limited to actual and direct personal injuries and property damage caused by Product and DOES NOT INCLUDE INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. In no event shall BVO’s monetary liability to Buyer, in the aggregate, exceed the amount of Buyer’s purchases through the Wholesale Website over the preceding 12 months. Buyer agrees to indemnify, defend and hold BVO, its officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between Buyer and any third parties; (b) Buyer’s breach of the Agreement; and/or (c) Buyer’s unauthorized and/or improper use of the Product.
DISCLAIMER OF WARRANTIES.
THE PODUCTS OFFERED BY AND THROUGH BVO’S WHOLESALE WEBSITE ARE PROVIDED TO BUYER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). BVO MAKES NO WARRANTY THAT THE PRODUCTS OFFERED BY AND THROUGH BVO’S WHOLESALE WEBSITE: (A) WILL, AS APPLICABLE, MEET ANY BUYER REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) WILL BE ACCURATE OR RELIABLE. BVO’S WHOLESALE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BVO WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH WHOLESALE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY BUYER FROM BVO OR OTHERWISE THROUGH OR FROM THE WHOELSALE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
This Agreement shall inure to the benefit of and be binding upon the respective successors and assignees of the parties. This Agreement and the rights and obligations of the parties hereunder shall be construed, interpreted and enforced in accordance with, and governed by the laws of the State of California, without giving effect to conflict of law principles. In the event any one or more of the provisions contained herein is for any reason held to be invalid, illegal, or unenforceable in any respect by a court of proper jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. This Agreement constitutes the full and entire understanding and agreement between the parties with respect to the subject matter hereof, and any other written or oral agreement is expressly canceled and shall be null and void.