Wholesale Vaping Supply Marketplace Terms & Conditions
Remittance of Transaction Proceeds to You
At the end of each month, we will pay to you all previously unpaid Transaction Proceeds that we have collected. You will be reimbursed the agreed upon per item cost. We may withhold, deduct, or set off any amounts payable by you to us or our affiliates against any Transaction Proceeds. All payments to you will be sent via paper check, with other payment options available in the future to which we may need to collect bank account information. If there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from future Transaction Proceeds.
You must meet the following eligibility requirements in order to offer Your Marketplace Content through the Wholesale Vaping Supply Marketplace. You must also meet any other eligibility requirements specified in the Wholesale Vaping Supply Marketplace Listing Guidelines on the Wholesale Vaping Supply Site. “Your Marketplace Content” means any of Your Content that you promote, license, sell or grant access to customers through the Wholesale Vaping Supply Marketplace, including any support you provide with Your Content. “Transaction” means any sale or license of, or granting of access to, Your Marketplace Content through the Wholesale Vaping Supply Marketplace, but does not include any sale or license of, or granting of access to Your Marketplace Content through a sale or purchase occurring outside of the Wholesale Vaping Supply Marketplace platform.
We may require you to provide additional registration information to verify your identity. This information may include your Tax ID number, a verified U.S. bank account, or other personal information. We may make, directly or through third parties, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases.
Review of Listings
You must submit all of Your Marketplace Content to us for review in accordance with the Wholesale Vaping Supply Marketplace Listing Guidelines, and we may accept or reject it for any reason. You are responsible for evaluating your marketplace content before submitting it to Wholesale Vaping Supply to confirm that it complies with this Agreement, our Acceptable Use Policy, and the Wholesale Vaping Supply Marketplace Listing Guidelines and operates properly with the Services the Wholesale Vaping Supply Content, the Wholesale Vaping Supply Site, and any other product or service provided by us under this Agreement other than Third Party Content (collectively, “Service Offerings”). We may review and test Your Marketplace Content submitted for listing in the Wholesale Vaping Supply Marketplace at any time, including for security-related concerns and to check the accuracy of descriptions and other materials included in Your Marketplace Content. You will be asked to cooperate with our review and testing.
Responsibility for Your Marketplace Content
You are responsible for Your Marketplace Content. You will establish the pricing, and other terms governing customers’ use of Your Marketplace Content. The terms governing use of Your Marketplace Content by customers must be consistent with our terms for use of any Service Offerings used with Your Marketplace Content, and our terms will control to the extent of any conflict. If you do not specify license rights for Your Marketplace Content, you agree to license Your Marketplace Content to customers on the same terms that we license Wholesale Vaping Supply Content to customers. You will ensure that all information about Your Marketplace Content is displayed on the Wholesale Vaping Supply Site is, at all times, accurate, complete, not misleading, and in compliance with applicable law. You represent and warrant to us that you have all rights in Your Marketplace Content necessary to promote, license, sell or grant access to Your Marketplace Content through the Wholesale Vaping Supply Marketplace.
Maintenance and Removal of Your Marketplace Content
You will ensure that all e-Liquid products contained in Your Marketplace are kept up-to-date with current information. You may remove a listing of Your Marketplace Content from the Wholesale Vaping Supply Marketplace at any time in accordance with the Wholesale Vaping Supply Marketplace Listing Guidelines. We may also remove Your Marketplace Content from the Wholesale Vaping Supply Marketplace at any time for any reason. Any removal by you or us of any listing of Your Marketplace Content from the Wholesale Vaping Supply Marketplace will apply to prospective customers only, and you will continue to enable current customers to exercise their rights in Your Marketplace Content (including any support) after removal of the listing. Upon termination of the Agreement, we may terminate all access to Your Marketplace Content by customers.
You will be the seller of record for Your Marketplace Content. Except as expressly set forth in this Agreement, we are not involved in any underlying transaction between you and any customer. We are not responsible for any dispute between you and any customer, but we may elect to assist in the resolution of any dispute between you and any customer if asked to do so by the customer. If we elect to assist in the resolution of a dispute, you agree to cooperate with us to resolve the dispute.
Processing of Transactions; Collection of Transaction Proceeds
On your behalf, we will process all payments and refunds for Transactions and collect the applicable Transaction Proceeds. “Transaction Proceeds” means the gross sales proceeds received by us from any Transaction. We do not guarantee payment on behalf of any customers. You will ensure that all fees and charges payable by customers for Your Marketplace Content are billed and collected through us, and you will not offer or establish any alternative means of payment. We may impose transaction limits on some or all customers and sellers relating to the value of any Transaction or disbursement, the cumulative value of all Transactions or disbursements during a period of time or the number of Transactions per day or other period of time. We may withhold for investigation, or refuse to process, any of your Transactions that we suspect is fraudulent, unlawful or otherwise violates the terms of this Agreement, our Acceptable Use Policy, or the Wholesale Vaping Supply Marketplace Listing Guidelines.
You are responsible for the calculation, validation and payment of any and all sales, use, excise, import, export, value added, withholding and other taxes and duties assessed, incurred or required to be collected (“Taxes”) or paid for any reason in connection with any Transaction and with Your Marketplace Content. We are not obliged to determine whether any Taxes apply to any Transaction, and we are not responsible for remitting Taxes to any taxing authority with respect to any Transaction, or for reporting any information (including the payment of Taxes) with respect to any Transaction. You will indemnify us and our affiliates against any claim or demand for payment of any Taxes imposed in connection with any Transaction, and for any fines, penalties, or similar charges imposed as a result of your failure to collect, remit or report any Taxes in connection with any Transaction.
Risk of Loss
We will bear the risk of fraud associated with our sale or license of our Service Offerings. You will bear all other risk of fraud or loss, including the risk of chargebacks or credit card fraud associated with your sale or license of Your Marketplace Content. Solely in connection with a Transaction, if we receive a chargeback or determine a payment for Your Marketplace Content was a result of fraud, then you will promptly reimburse us for the total amount of any applicable Transaction Proceeds previously paid to you, as well as all credit card association, bank or other payment processing, re-presentment and/or penalty fees associated with the original Transaction.
Cancellations and Refunds
Except where not required by the Wholesale Vaping Supply Marketplace Listing Guidelines, you will post your cancellation and refund policy in the listing for Your Marketplace Content in the Wholesale Vaping Supply Marketplace. At a minimum, this cancellation and refund policy must comply with the other requirements of this Agreement. You will accept and process cancellations of, and provide refunds and adjustments for, Your Marketplace Content in accordance with this cancellation and refund policy posted at the time of the applicable Transaction. You will route all Transaction refund (and adjustment) payments through us. We will credit the applicable account, and you will reimburse us for all amounts so refunded.
Fair Treatment of Our Customers
For Your Marketplace Content offered through a Transaction, you must generally treat Wholesale Vaping Supply customers at least as favorably as customers you service through any Similar Sales Channel (as defined below). You must also ensure that all other non-price terms for Your Marketplace Content (e.g., cancellation and refund policy terms) are at least as favorable to our customers as the corresponding terms offered through any Similar Sales Channel. This section does not prevent you from offering discounts through any Similar Sales Channel or any other sales channel (e.g., volume discounts), but if you offer a discount through any Similar Sales Channel, you must offer the same discount to our customers who meet the same eligibility requirements. “Similar Sales Channel” means any sales or distribution channel through which you offer Your Marketplace Content with similar license terms, including direct sales through your own website.
Customer Ratings and Feedback
We may implement mechanisms that rate, or allow customers to rate and provide feedback about, Your Marketplace Content, you, and your performance in connection with Your Marketplace Content and the Wholesale Vaping Supply Marketplace. We may make these ratings and feedback publicly available.
Support and Customer Service
You are solely responsible for support (if any) for Your Marketplace Content. We have no obligation to provide customer support to any customer of Your Marketplace Content.
You may use Customer Information only to communicate with customers who acquire rights in Your Marketplace Content to provide support. You may not use Customer Information for any other purpose. For example, you may not, directly or indirectly: (a) disclose any Customer Information to any third party, except as necessary for you to perform your obligations under this Agreement and only if you ensure that every recipient uses the information only for that purpose and complies with any restrictions applicable to you; (b) use any Customer Information for any marketing or promotional purposes whatsoever; (c) use any Customer Information in any way inconsistent with applicable privacy policies or law; (d) contact a customer to influence them to make an alternative purchase; (e) disparage us, our affiliates or any of their or our respective products; or (f) target communications of any kind on the basis of the intended recipient being a Wholesale Vaping Supply Marketplace customer. “Customer Information” means any data or information to which you have access in connection with the Wholesale Vaping Supply Marketplace or otherwise as a result of this Agreement, including data or information concerning any customer, any Transaction, or any use of Services Offerings with Your Marketplace Content. This section does not prevent you from using other information that you acquire without reference to Customer Information for any purpose, even if that information is identical to Customer Information, as long as you do not target communications on the basis of the intended recipient being a Wholesale Vaping Supply Marketplace customer.
You will be required to carry the following disclaimer for each eLiquid in the “Description” field:
“NOT FOR SALE TO MINORS | CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. [Your Company Name] products are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition.”
GCC's will be required at the beginning of each month to continue to keep your eLiquid hosted on the Marketplace
You will be required to provide Diacetyl and Acetyl Propionyl testing results for each eLiquid flavor, and they must comply with AEMSA standards
You will be required to show proof of sales prior to August 8th, 2016 for all products
You will be asked to send a sample bottle of eLiquid in to the following address to confirm bottle compliance:
Wholesale Vaping Supply
Attn Marketplace Samples
130 Oak Park Dr
Mooresville, NC 28115
You may not include in Your Marketplace Content, any advertisements or promotions for, or opportunities for a customer to purchase, products that you do not to list in the Wholesale Vaping Supply Marketplace, except where listing of a product through the Wholesale Vaping Supply Marketplace is prohibited by the Wholesale Vaping Supply Marketplace Listing Guidelines.
Wholesale Vaping Supply reserves the right to update or change these terms at any time without notice to you.