Terms and Conditions

 

Terms and Conditions

FreshenOPT®-Effective Date: July 2019


 

This Dropship and Wholesale Agreement (“Agreement”) is made and effective on the date of the Vendor completed the new account registration.

 

BETWEEN: FreshenOPT Inc. (the 'Supplier'), a corporation organized and existing under the laws of Canada.

 

- AND -  

 

New Account User (the 'Vendor'), a person existing under the laws of Canada or the United States or a corporation organized and existing under the laws ofCanada or the United States.



 

  1. Term

Vendor and Supplier agree that the term of the Agreement shall be effective after the activation of the account and will continue in force until terminated in accordance with Clause 2.

 

  1. Termination

If Vendor or Supplier is not satisfied with the cooperation defined by this Agreement, and the results thereof, either party may terminate this Agreement by providing seven (7) days written notice to the other aforementioned party. Vendor shall not terminate the agreement before the account receivable being settled.

 

  1. Vendor’s Role

Vendor sets up a Business Account with the Supplier..

 

The Vendor is selling the mutually agreed Products and ensures the Supplier that Vendor will not make any misleading claims or produce any misleading advertising material in respect of the Products. Vendor is the main contact person of the End Customers. Vendor will provide After Sales support. 

 

Vendor is the first point of contact when any After Sales services need to be provided to the End Customer.

 

  1. Supplier’s Role & Services

Supplier will provide product fulfilment for orders placed by Vendor in regard to any images of products supplied by Supplier. Supplier is not involved in the actual transaction between the Vendor and the End Customer. Supplier is not the Agent of either the Vendor or the End Customer.

 

Supplier retains all rights to all images of products Supplier provided to Vendor and retains the right to prohibit the use of any and all images provided. Vendor may not use any of the images contained within the provided photos for any other purpose other than to gain sales, which will be given to the Supplier. 

 

Supplier is responsible to provide the correct Price to the Vendor. If there’s a change in the wholesale price or MSRP, the Supplier shall give a seven (7) days written notice to the Vendor. 

 

  1. Minimum Order Quantity

Minimum order quantity is set at 1 for New Account Users.

 

  1.  Place Order
  • Submit your order at https://freshenopt.b2bwave.com/ 
  • You will receive a confirmation email w/ invoice showing the total products’ wholesale price, tax, shipping fee.
  • Once you complete the payment, your shipment will be shipped and provided with tracking information.

 

  1. MSRP

Products or goods purchased from FreshenOPT Inc. shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Vendor is allowed to place the products or goods for sale at a discount, the Vendor shall not discount the products more than 20% below MSRP. Once the selling price is below 80% of suggested retail price (MSRP), FreshenOPT Inc. reserves the right to STOP providing products and TERMINATE the contract immediately.

 

All prices on FreshenOPT official website and price list are listed in CAD dollars. All authorized Vendors can list products’ prices in different currencies, BUT the value must equal the supplier's suggested retail price (MSRP).

 

  1.  Payments / Billing

All sales will be cash in advance or C.O.D. Items will be shipped to the Vendor on the same day or the second day after the payment has cleared.

  • FreshenOPT Inc. accepts payment by CASH, VISA, Master Card, or EMAIL TRANSFER. Email transfer: sales@freshenopt.ca

 

  1. Fees and Charges

Vendor will be able to see the wholesale price after the account is activated. Supplier will provide the shipping charges after receiving the order and confirm with Vendor. Shipping charges may vary by number of items and the destination area. Any other charges which may be due in with each item. 

Vendor will pay all fees and charges incurred with each item shipped by the Supplier, including shipping fees, transaction fees, duties and tax. The price the Vendor charges for each item will be left solely to the Vendor’s discretion. 

 

  1.  Sales and Tax

Vendor agrees that it is the sole responsibility of Vendor to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of the Supplier’s products. Vendor further agrees that Supplier is not obligated to determine whether a sales tax applies and is not responsible to collect, report, or remit any tax information arising from any transaction involving the images or photos provided.

 

  1. Return policy

No replacement will be sent until Supplier has inspected and verified the returns. Only items are in defect or due to the seller's fault will be accepted for return. All missing parts will be charged to the Vendor. Returns must include original items undamaged, unpainted all original paper and packaging and must be in re-saleable condition. Supplier will not accept return/refunds for any opened, used and/or damaged items. Any new product must be returned within 30 days from the purchase date printed on the invoice and you can return up to 10% of your total monthly purchases without any restocking fee. Returns more than 10% monthly allowance will face 15% restocking charges and that will be automatically deducted from the refund amount. Return parts beyond 30 days time will not be accepted.

 

  1. Wrong address

Supplier will charge the Vendor any and all fees associated with a wrong address provided. If the apartment/suite number is not included or a bad postal code is provided and reshipping is required, there will be a re-shipping charge equal to the original shipping charge added to the Vendor’s account. There will be a 25% restocking fee for any packages returned to Supplier because of a bad address being supplied.

 

  1. Responsibility

Supplier is responsible or liable for the provided Materials and Products provided to Vendor. Supplier is in no way responsible or liable for the success of the Vendor’s website, the accuracy, or legality of it’s content and operation. Further, the Vendor has independently evaluated the desirability of participating in the Supplier’s Wholesale program and is not replying on any representation, guarantee or statement other than set forth in this agreement. Supplier will not be responsible for any damage if there’s misuse of the products.

 

  1. Right to modify

Supplier retains the right to modify this agreement at any time. Changes will not be retroactive. If any modification is unacceptable to the Vendor, the resource will be termination of the Vendor’s participation in the Supplier’s Wholesale Program. Continued participation will constitute acceptance of the modifications. 

 

  1. Non-payment

Non-payment by Vendor will result in immediate removal from Supplier’s Wholesale Program. Vendor will be charged any overdue account fee of $10 per week on top of amount owed if any payment reached 30 days past due, and legal action will be taken. Supplier is not responsible for any payment problems between the Vendor and the Customer.

 

  1. Severability

If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions any shall not affect the validity and enforceability of any remaining provisions.