Terms and conditions

01 Acceptance of terms

By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services.

We may modify this agreement from time to time. A modification takes effect when it is posted on the website. You agree to be bound by any modification when you use the website and the services offered on it after the modification is posted. It is therefore important that you review this agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. All references in these terms to "you" or "user" include your organization, except where the context requires otherwise. If you do not have that authority, you may not use the service on behalf of your organization, and you must stop all use of the service immediately.

The services are not directed to persons under the age of 18. Brand Name Wholesale does not knowingly collect information from persons under 18, or allow them to create an account or use the services on their own. If you are under 18, do not submit any personal information about yourself to Brand Name Wholesale unless you have permission from a parent or legal guardian. Parents and legal guardians are responsible for deciding whether any content or service on the website is appropriate for children or minors in their care.

Brand Name Wholesale may, in its sole discretion, refuse to offer the services to any entity or user, and may change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the service and the website is revoked in those jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that:

• you have the full right, power and authority to enter into this agreement and to perform all of your obligations under it; and
• you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

02 Notifications and newsletter

By giving Brand Name Wholesale your email address and telephone number, you agree that we may use them to send you important notifications and communications about our services, news and special content, including by email and Telegram.

If you do not want to receive these messages, you can opt out in either of these ways:

• send us a request through our contact information; or
• use the "unsubscribe" option in our emails.

If you opt out, you may stop receiving messages about our services, important news and special content.

03 Brand Name Wholesale

Brand Name Wholesale, Inc. is a business-to-business wholesale distributor. We sell brand-name consumer goods, generally by the case and in larger quantities, to independent sellers, retailers and other businesses. We run the business mainly online, so we can respond to our customers' requests and needs promptly and efficiently.

We source inventory from a range of suppliers. These include manufacturers, national distributors, and closeout and overstock inventory from major national retailers.

Our product range is broad. It includes grocery and beverage, vitamins and supplements, household, beauty and personal care, and other high-demand consumer goods. Much of our inventory is limited in quantity or dated, so we track expiration dates and lot information closely and list them when we have them.

Our focus is quality of service. We aim for every product we offer to meet the required quality and safety standards and our customers' expectations. Our goal is to be a reliable partner in our customers' supply chain and to contribute to the success and growth of their businesses.

04 Products in stock

Most of the merchandise we offer is in stock in our warehouse. Sometimes we offer products we do not carry, or products that are on their way to our warehouse. Each listing says whether it ships from our San Fernando, California warehouse or directly from the source. Unless a listing states otherwise, Brand Name Wholesale does not claim to have that merchandise in stock.

We will take a reasonable amount of time to process and ship all orders. This does not include any lead time given to you by email, Telegram or verbally. Brand Name Wholesale reserves the right to refuse or cancel any order for any reason.

05 Orders

Brand Name Wholesale is a B2B wholesale website. We only sell to retailers, businesses and charities that have a FEIN/Tax ID and can provide a seller's permit or resale certificate (if applicable).

To see wholesale prices and submit order requests, you must apply for an account and complete all required fields. All applications are reviewed within one business day, and the response is sent to your email address. No order will be processed without an approved account and a valid seller's permit or resale certificate.

Minimum order: $1,000 per order, unless we agree otherwise in writing.

When you submit an order request on the website, you offer to buy the listed quantities at the prices shown when you submit it. Please check the prices, features and variants of the products before you submit.

An order request is not an order until we confirm it. We confirm availability, quantities, freight (if applicable) and the total in writing, by email or Telegram, and then send you an invoice. Once we confirm, the order is a legally binding agreement to purchase the merchandise. Purchase orders, emails, verbal or Telegram messages in which you agree to buy merchandise are also legally binding agreements once we confirm them.

CANCELLATIONS ARE NOT PERMITTED AFTER CONFIRMATION. By confirming an order, the buyer agrees and warrants that it is purchasing the merchandise and will pay as set out in Section 7. If you fail to pay, Brand Name Wholesale may seek advice from an attorney to pursue the funds, which you are obligated to pay. The buyer pays all litigation fees.

When you submit an order request, we send you an automatic email confirming that we received it. When we confirm your order, we send you the order details and the invoice.

If part of your order involves us bundling merchandise or preparing it for Amazon FBA, these charges apply:

• $0.30 per FNSKU label; and
• $0.50 per bundle and/or polybag.

Not all orders are eligible for labeling or bundling. You must request and purchase these services when you order.

Brand Name Wholesale will not provide supporting documents other than invoices for any issue on a third-party marketplace, including Amazon. We do not provide Letters of Authorization (LOAs). Only a brand owner can grant one.

After confirmation, all sales are final, with no further resolution. No cancellations are allowed once we have received a purchase order or payment. Once Brand Name Wholesale and a buyer have agreed, in writing or verbally, that an order is final, the order CANNOT be cancelled and is non-refundable.

We may limit the number of units each user can buy. We may also limit sales of our products by region or jurisdiction.

Brand Name Wholesale may cancel any order, and not supply the products, if it is reasonable to do so. We may change or discontinue the availability of products at any time, at our sole discretion. If we cancel an order, any payment you made for the products will be refunded in full. This does not affect your statutory rights.

Each new order is considered and treated separately.

Important: the products on this website are intended for resale or export. By purchasing our products, you represent and warrant that all purchases are intended for final delivery to locations within the USA.

06 Prices

All prices, discounts and promotions published on this website may change without notice.

The price you pay is the price listed on the website when you submit your order request, as confirmed in our order confirmation, subject to the terms of any applicable promotion or discount. The price will be clearly stated in the order confirmation and on the invoice. A price increase only applies to orders requested after the increase.

Published prices do not include taxes, freight or shipping charges. These are added to the total and itemized on your invoice.

We try to display accurate pricing. However, we may occasionally make typographical errors, inaccuracies or omissions in pricing and availability. We may correct any such error, inaccuracy or omission at any time, and cancel any order that results from it.

07 Payments

Products can be paid for by:

• bank wire transfer (no fee);
• ACH transfer (no fee);
• Zelle (no fee); or
• card payments through Plastiq, when we offer them (limitations, exclusions and fees apply).

Payment terms are at our sole discretion unless otherwise agreed in writing. All payments are due within one (1) business day of the invoice being issued. If payment is not made within the time on the invoice, the matter will be escalated. We may cancel an unpaid order and release the goods to other buyers.

If you pay by credit or debit card, you represent and warrant that:

• the card information you give us is true, correct and complete;
• you are authorized to use the card for the purchase;
• your card company will accept the charges; and
• you will pay the charges at the confirmed prices, including shipping, handling and all applicable taxes.

You must pay the full invoice amount before the products are shipped or picked up. Once your payment is received and processed, we send an electronic receipt to your email address.

If you find any inconsistency in your billing, contact us through our contact information, or make a claim through the customer service of the payment platform you used.

If a payment is declined or reversed, you must provide another payment method.

Your payment information is handled securely and used only to process your purchase. Brand Name Wholesale may use any payment platform available on the market. Any platform we use processes your data only for the purpose of processing your purchase.

08 Product descriptions

Brand Name Wholesale tries to be as accurate as possible. However, we do not warrant that product descriptions, product prices or other content on this website are accurate, complete, reliable, current or error-free. Product images and colors may look different depending on your screen.

Packaging can differ from the current retail listing. It may be older or promotional packaging, have a different case count, or carry a different UPC. When we know about a difference, the listing says so. For food, vitamins, OTC health and personal care products, we list expiration dates or lot codes when we have them.

ASIN suggestions are matched by UPC and product name and may be wrong. They are suggestions only: check the listing, your eligibility, fees and restrictions before you buy (your own due diligence). Packaging may vary from the photos.

09 Shipping and delivery

The buyer is responsible for all shipping and freight charges unless we agree otherwise in writing when the order is confirmed. You can:

• pick up your order at our warehouse by appointment;
• use your own carrier; or
• ask us to book LTL freight, in which case we add the freight cost to your invoice.

We are not responsible for delays beyond our control, including weather or transit delays. The buyer is responsible for requesting or adding insurance for its freight, even if Brand Name Wholesale schedules the shipment. Brand Name Wholesale is not responsible for merchandise damaged in transit. Any problem with lost or damaged packages or pallets must be taken up directly with the carrier or insurance provider.

We give you the pickup address once your order is confirmed.

Title and risk of loss pass to the buyer when the products are collected from our warehouse or the source location, whether by you, your carrier, or a carrier we booked for you. Shipping and delivery dates are estimates only and cannot be guaranteed. Brand Name Wholesale is not responsible for shipping delays.

If the buyer fails to provide shipping documents within one week of the scheduled delivery date, the unit(s) will be treated as abandoned. Brand Name Wholesale may then dispose of them as appropriate for its inventory (for example, by selling, recycling, donating or destroying them) and keep any proceeds.

10 Storage

All orders must be picked up within 7 days of our notice that they are ready to ship. The buyer is responsible for making sure its order is picked up from the facility.

After 14 days, the buyer must pay a storage fee of $150.00 per pallet item per month. After 3 months, a long-term storage fee of $250.00 per pallet item per month applies.

11 Abandonment of property

If a customer fails to pick up or arrange the shipment of purchased products within 90 days of the date they are available for delivery, those items are treated as abandoned property. Brand Name Wholesale may then dispose of the products as it sees fit, including by selling, recycling or donating them, or using them in any other way.

During this 90-day period, Brand Name Wholesale will remind the customer at least twice, by email or another agreed method, to pick up or arrange shipment of the products. If the customer does not respond or act after these reminders, the products will be treated as abandoned.

Brand Name Wholesale accepts no responsibility for any loss or damage of any kind that results from the abandonment. Any cost of storing, handling or disposing of the products during this period is the customer's responsibility, and Brand Name Wholesale may recover those costs from the customer.

12 Returns and refunds

All wholesale purchases are final and non-refundable. NO RETURNS ARE ALLOWED AT ANY TIME. Once an order is confirmed, it cannot be cancelled, modified or exchanged.

Report shortages, or items that don't match the confirmed order, to Brand Name Wholesale within 3 business days of receiving the merchandise. Include photos of the cartons, labels and contents. Photos are required for every claim. Damage in transit is handled under Section 9.

13 Manufacturer's warranty and disclaimer

(a) We do not manufacture or control any of the products or services offered on our website. The availability of a product or service on our website does not mean we are affiliated with, or endorse, that product, service or manufacturer. We therefore give no warranties for the products or services offered on our website. Products on our website may not be covered by the manufacturer's warranty described in the product description or included with the product. To get warranty service for a defective product, follow the instructions in the manufacturer's warranty.

(b) All products and services offered on this site are provided "as is", without warranty of any kind, whether express or implied by statute, course of dealing, course of performance, usage of trade or otherwise. This includes, without limitation, any:

• warranty of merchantability;
• warranty of fitness for a particular purpose; or
• warranty against infringement of a third party's intellectual property rights.

(c) Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above disclaimer may not apply to you.

(d) You agree that we will not be liable, under any circumstances, for any claim for breach of warranty, or for any damages arising from a manufacturer's failure to meet its warranty obligations to you.

14 Disclaimer

We are not responsible for any items that are restricted for sale on Amazon, restricted for shipment to FBA, or restricted on any other marketplace. It is the buyer's responsibility to make sure, before purchasing, that it is eligible to sell these products.

We do not claim to be authorized resellers or distributors of any of the brands we offer, unless we state otherwise in writing. Items may be purchased from manufacturers, distributors, wholesalers, retailers' closeout and overstock channels, or liquidation companies. We do not claim any intellectual property. All copyrights and intellectual property belong to their respective owners.

We are also not responsible for any items that are or become restricted after the sale. This includes, but is not limited to, restrictions on trademarks, categories, subcategories, PPE, hazardous materials, IP claims, pesticides, limited storage and flammables, as well as policy changes and listing closures. We are not responsible for Amazon or brand issues. We are not responsible for, and cannot manage, price changes on Amazon or any other marketplace. We will tell buyers about any MAP price restrictions before payment.

By accessing the website and its content, you accept personal responsibility for the results of using that content. You agree that Brand Name Wholesale has not guaranteed the results of any action you take, whether or not the website or its content advised it. Brand Name Wholesale provides resources and content for information only. We do not guarantee that information on the website is accurate, complete or up to date. The content of this website is general information and should not be taken as professional advice. You use any material on this website at your own risk.

15 Limitation of liability

Brand Name Wholesale is a wholesale supplier of products. It limits its liability for any damages that it did not directly and clearly cause. This limitation applies to, but is not limited to, indirect, incidental, special, consequential or exemplary damages arising from the sale, delivery, use or handling of the products offered.

• Indirect damages. Brand Name Wholesale is not liable for damages that are not directly related to a proven breach of its contractual obligations. This includes, but is not limited to, financial losses from business interruption, delivery delays by third parties, or market changes that affect whether purchased products can be sold profitably.
• Incidental and special damages. Brand Name Wholesale will not compensate any incidental or special damages, including lost profits, harm to the reputation of the customer's business, or lost business opportunities.
• Consequential and exemplary damages. Brand Name Wholesale disclaims all liability for consequential or exemplary damages. This includes, but is not limited to, any indirect loss that the customer or third parties suffer as a result of the use or sale of the products supplied.
• Improper use. Brand Name Wholesale is not liable for damages caused by improper use, handling or storage of the products, or by any action that departs from the recommendations and specifications of Brand Name Wholesale or the product manufacturers.
• Force majeure. Brand Name Wholesale is not liable for any damages arising from force majeure events. These include, but are not limited to, natural disasters, acts of terrorism, pandemics, major supply chain disruptions, strikes, labor disputes, and unforeseen legislative or regulatory changes.
• Maximum limit. In any event, Brand Name Wholesale's total liability under any circumstances will not exceed the amount the customer paid for the products in question.

This clause is a fundamental part of the commercial agreement between Brand Name Wholesale and its customers, and it must be accepted for any transaction to be completed. By placing an order with Brand Name Wholesale, or accepting delivery of its products, the customer accepts this limitation of liability as part of these terms and conditions.

16 Copyright

All materials on Brand Name Wholesale are protected by copyrights, trademarks and/or other intellectual property rights. These materials include, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations and software. The rights are owned and controlled by Brand Name Wholesale, or by third parties that have licensed or otherwise provided their material to the website.

You acknowledge and agree that all materials on Brand Name Wholesale are made available for limited, non-commercial, personal use only, except as specifically provided in these terms. No person or entity may copy, reproduce, republish, sell, download, post, transmit, distribute or otherwise use any material for any purpose without Brand Name Wholesale's prior express written permission. You may not add to, delete, distort or otherwise modify the material.

Any unauthorized attempt to do any of the following is strictly prohibited:

• modify any material;
• defeat or circumvent any security feature; or
• use Brand Name Wholesale, or any part of the material, for any purpose other than its intended purpose.

17 Copyright infringement (DMCA)

Brand Name Wholesale will respond to all inquiries, complaints and claims of alleged infringement under the Digital Millennium Copyright Act (DMCA). We respect the intellectual property of others and expect users to do the same.

If you believe in good faith that any material on or connected with the website infringes your copyright or other intellectual property right, send us an infringement notice under Section 512 of the DMCA through our contact information. Include:

• Identification of the intellectual property right that is allegedly infringed. Include all relevant registration numbers or a statement about ownership of the work.
• A statement that identifies where the infringing material is, in enough detail for us to find it on the website.
• Your name, address, telephone number and email address.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agents or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the owner's behalf.

18 Confidential information

Information that clients provide through our services is treated as confidential and used only to provide our services properly. Brand Name Wholesale protects this information from disclosure to third parties with the same degree of care it uses to protect its own confidential or proprietary information of similar importance.

Where needed to carry out a prospective business relationship, Brand Name Wholesale may disclose this information to employees and/or consultants who need to know it. Those consultants must be obligated to protect it from unauthorized use and disclosure. Otherwise, we will not disclose confidential information to any third party without the prior written consent of the client who owns it.

19 Personal data

Any personal information you submit in connection with the services and the website is used in line with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

20 Prohibited activities

The content and information on the website are proprietary to Brand Name Wholesale or licensed from third parties. This covers, but is not limited to, data, information, text, music, sound, photos, graphics, video, maps and icons, as well as the infrastructure used to provide that content and information.

Except for your own content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software or services obtained from or through the website.

The following activities are also prohibited:

• Accessing, monitoring, reproducing, distributing, transmitting, broadcasting, displaying, selling, licensing, copying or otherwise exploiting any content of the services for any purpose not in line with this agreement, or without our express written permission. This includes using any robot, spider, scraper or other automated means, or any manual process.
• Violating the restrictions in any robot exclusion headers on the services, or bypassing or circumventing other measures used to prevent or limit access to the services.
• Taking any action that imposes, or may impose (in our discretion), an unreasonable or disproportionately large load on our infrastructure.
• Deep-linking to any part of the services for any purpose without our express written permission.
• "Framing", "mirroring" or otherwise incorporating any part of the website into any other website or service without our prior written authorization.
• Attempting to modify, translate, adapt, edit, decompile, disassemble or reverse-engineer any software program Brand Name Wholesale uses in connection with the services.
• Circumventing, disabling or otherwise interfering with security features of the website, or with features that prevent or restrict the use or copying of any content.
• Downloading any content unless Brand Name Wholesale has expressly made it available for download.

21 Disclaimer of warranties

Because of the nature of the Internet, Brand Name Wholesale provides and maintains the website on an "as is", "as available" basis. We make no promise that use of the website will be uninterrupted or entirely error-free. We are not responsible to you if we cannot provide our Internet services for any reason beyond our control.

Our website may sometimes contain links to other websites that we do not control or maintain. These links are provided for your convenience only, and we are not responsible for the content of those sites.

Except as provided above, we give no other warranties, conditions or terms, whether express or implied, statutory or otherwise. All such terms are excluded to the maximum extent permitted by law.

You are responsible for any breach of these terms by you. If you use the website in breach of these terms, you will be liable to, and will reimburse, Brand Name Wholesale for any loss or damage caused as a result.

Brand Name Wholesale is not liable in any amount for failing to perform any obligation under this agreement if the failure is caused by an unforeseen event beyond its reasonable control. Such events include, without limitation, Internet outages, communications outages, fire, flood, war, or any uncontrollable act of nature.

These terms do not affect any statutory rights you have as a consumer.

Subject to the above, and to the maximum extent permitted by law, Brand Name Wholesale excludes liability for any loss or damage of any kind, however it arises. This includes, without limitation, any direct, indirect or consequential loss, whether or not it arises from a problem you notify Brand Name Wholesale about. Brand Name Wholesale has no liability to pay any money as compensation, including, without limitation, for:

• Any incorrect or inaccurate information on the website.
• Any infringement of a third party's intellectual property rights caused by someone's use of the website, or of a service purchased through the website.
• Any loss or damage from your use of, or inability to use, the website, or from unauthorized access to or alteration of your transmissions or data, in circumstances beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss that does not directly result from something we did wrong.
• Any loss or damage caused by viruses or other malicious software that infects a user's computer equipment, software, data or other property through accessing or using content from the website, or through emails or attachments received from Brand Name Wholesale.
• All representations, warranties, conditions and other terms that would otherwise have effect.

22 Electronic communications

Brand Name Wholesale accepts no responsibility for:

• failed, partial or garbled computer transmissions;
• malfunctions, failures, connections or availability of any computer, telephone, cable, network, electronic or internet hardware or software;
• the acts or omissions of any user;
• internet accessibility, availability or traffic congestion; or
• any unauthorized human act, including any errors or mistakes.

23 Indemnification

Customers agree to indemnify and hold harmless Brand Name Wholesale and its directors, employees, agents and successors from any claims, demands, losses, damages, liabilities, costs or expenses, including reasonable legal fees, that arise from or relate to:

• a breach of these terms and conditions;
• a violation of applicable law; or
• an infringement of third-party rights.

This includes, but is not limited to, situations where the customer used the products in a way that violates intellectual property rights, privacy rights, or any other applicable law or regulation. It also covers third-party claims against Brand Name Wholesale caused by the customer's conduct or negligence.

The indemnity also covers any consequential damages from false or fraudulent claims the customer makes about the products purchased. If a claim or lawsuit is brought against Brand Name Wholesale, the customer agrees to cooperate fully in the defense of any legal action.

This clause stays in force after the business relationship between the customer and Brand Name Wholesale ends. By accepting Brand Name Wholesale products, the customer automatically accepts this indemnification clause.

24 Changes and termination

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. By continuing to use the website, you accept any changes to these terms, and the changes replace all previous versions. Unless otherwise specified, all changes apply to all users and clients. We may also end our agreement with you under these terms at any time, with or without written notice (including by email).

25 Assignment

You may not transfer or assign this agreement or any rights or licenses granted under it. Brand Name Wholesale may assign it without restriction.

26 No partnership

You agree that these terms and your use of the services do not create any joint venture, partnership, employment or agency relationship between you and Brand Name Wholesale.

27 Integration clause

This agreement, together with the privacy policy and any other legal notices published by Brand Name Wholesale, is the entire agreement between you and Brand Name Wholesale about your use of the website and the services, and it governs that use.

28 Disputes

Any dispute, claim or controversy arising from or relating to these terms and conditions, or to their breach, termination, enforcement, interpretation or validity, or to the use of the services, will be resolved by binding arbitration between the user and Brand Name Wholesale. Each party keeps the right to bring an individual action in a court of competent jurisdiction.

If a dispute arises from the use of the services or a breach of these terms, the parties agree to submit it to arbitration before a reputable arbitration organization that they both agree on, under applicable commercial arbitration rules.

To start a formal dispute, you agree to send us a communication through our contact information. Brand Name Wholesale may send you a written settlement offer after receiving it. If you do not accept our offer, or we cannot resolve your dispute to your satisfaction and you want to continue, you must start the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award made by the arbitration tribunal is final and conclusive on the parties.

To the fullest extent permitted by law, you agree not to file, join or take part in any class action lawsuit about any claim, dispute or controversy arising from your use of the website and services.

If a customer starts a payment dispute through its bank or credit card company, Brand Name Wholesale will take legal action to recover:

• the full amount due; and
• compensation for any financial damage and harm to the company's reputation caused by the dispute.

The customer will also pay all legal costs arising from that action, and bears the full consequences of the dispute.

The courts of the United States located in the State of California have jurisdiction over any dispute, controversy or claim relating to Brand Name Wholesale and its business operations. Any such dispute or controversy must be brought and resolved in those courts.

29 Governing law and jurisdiction

These terms and conditions are governed by and interpreted under the laws of the United States of America, and specifically the laws of the State of California. Any dispute about these terms is subject to the exclusive jurisdiction of the state or federal courts in the State of California.

30 Final provisions

These terms and conditions are governed by the laws of the United States. Use of the website and services is not authorized in any jurisdiction that does not give effect to all of these terms.

Our performance of these terms is subject to existing laws and legal process. Nothing in these terms limits our right to comply with law enforcement or other government or legal requests or requirements about your use of our website, or about information you provide to us or that we collect about that use.

If any part of these terms is found to be invalid, illegal or unenforceable, the rest of the terms remain fully valid and enforceable. If we fail or delay in enforcing any part of these terms, we do not waive our right to enforce it, or any other part, in the future.

Any rights not expressly granted in these terms are reserved.

31 Contact information

If you have questions or concerns about these terms, contact us through our contact form, Telegram, or the contact information below: