Whole Sale Terms & Conditions
This Sugar & Kush Wholesale Agreement (“Agreement”) is between Sugar & Kush and the entity that has checked the “AGREE” box (“Customer”). This Agreement describes the terms under which you may use this website (“Website”). By checking the “AGREE” box you are agreeing to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE AND ARE AUTHORIZED TO ENTER THIS AGREEMENT WITH BINDING EFFECT ON BEHALF OF THE BUSINESS ON BEHALF OF WHICH YOU CREATED AN ACCOUNT.
Products and Sales
Products. Sugar & Kush shall offer to you from time to time certain products offered under the Sugar & Kush or other brands (collectively, “Products”). Products are offered in different strengths and in different packages, and at various prices (“Prices”) as stated on the Website. Sugar & Kush may change Products and Prices from time to time, and post those changes on the Website.
Registration and Accounts. In order to purchase Products, you must first register with Sugar & Kush. You may register with Sugar & Kush and create an account on behalf of the business you lawfully represent (“Account”) by fully and accurately completing the sign up page, and providing to Sugar & Kush such fully accurate information as Sugar & Kush may reasonably require, including without limitation Customer’s business tax ID number and/or wholesale tax certificate demonstrating that Wholesales is a legitimate business entity (collectively, “Wholesaler Information”); Customer agrees to keep all Wholesaler Information updated and correct. Customer’s Account is personal to Customer, and Customer is solely responsible to ensure that Customer’s Account is used only by Customer and in a manner consistent with this Agreement. Customer agrees to keep Customer’s user name and password confidential, and not allow any third party to use such user name or password. Customer agrees to indemnify and defend Sugar & Kush from and against any losses or liabilities arising from any disclosure or misuse of Customer’s user name or password.
Purchases. Customer may purchase Products from the Website by completing the order form present on the Website, and providing a valid credit card number, unless other terms have been agreed by Sugar & Kush in writing. Sugar & Kush will use its commercially reasonable efforts to fill each order (“Order”) promptly, but makes no representation that any Order will be filled, or filled by any particular date. Prices will not include shipping and handling, and Customer’s payment of Prices and all shipping and handling costs and fees is a condition to filling any Order. Sugar & Kush has a minimum volume Order requirement of $500, and Customer will not be able to place Orders for less than this amount.
Shipment. Sugar & Kush will ship Products via a commercially reasonable method selected by Sugar & Kush. Delivery of Products will be made to the address specified in the corresponding Order. All shipments of Products are made DDP (Incoterms, 2010), are deemed accepted by Customer upon delivery to Customer’s facility, and Customer hereby waives all right of rejection.
Guarantee. Sugar & Kush is committed to providing excellent products and services. We stand behind the products we manufacture and guarantee that they are brand new, authentic, consistent with all labeling and in original packaging.
Returns, Refunds and Exchanges. All products come with a 60-day, money-back guarantee for new and unopened products based on the delivery date as provided by the shipper. To receive a refund or to return Products please contact our customer support team at (844-747-3367). After 60 days, Product sales are considered final and returns/refunds will not be made. If any Product arrives damaged, broken or part of your order is missing, you must notify Sugar & Kush within 3 days of delivery.
End User Sales Only. Customer hereby represents and warrants that Customer shall sell Products from Customer’s “brick and mortar” retail physical locations or an e-commerce site approved by Sugar & Kush (and not via any marketplace website such as Amazon, e-bay, Groupon or Jet or other similar sites) and that you will sell Products solely to third parties for their own use in the United States, and in no event to any other reseller, including any other retailers or wholesalers, or to any party who may transport Products outside the United States. Customer agrees that Customer will offer the Products for sale only where it is lawful to do so. Customer agrees that it will not offer Product for less than Sugar & Kush Minimum Advertised Pricing. Customer understands and agrees that the foregoing obligations are material terms of this Agreement, and where Sugar & Kush has determined that Customer has breached any such obligation, Sugar & Kush may immediately terminate this Agreement and refuse to fill Customer’s Orders.
Intellectual Property/Use of Sugar & Kush’ Name. Customer understands that “Sugar & Kush” and any variations thereof and all of our products are proprietary to Sugar & Kush and Customer agrees that it will not engage in any act or omission that violates Sugar & Kush’s intellectual property rights, including using “Sugar & Kush” as part of Customer’s company name or using any parts of the Sugar & Kush website. Customer may identify itself to the public as a seller of Products, and may disclose the nature of its relationship with Sugar & Kush, as long as it does so in a fair and honest way, and any uses of Sugar & Kush’s name are properly marked as required by Sugar & Kush. Sugar & Kush may, but is not obliged to, provide Customer with certain “point of sale” marketing materials for use in marketing Products and Customer agrees to use the latest materials, images and packaging provided by Sugar & Kush in promoting Sugar & Kush Products. Sugar & Kush may also provide Customer with access to our product canonical descriptions and links for use on its website, if any, upon Customer’s request and in Sugar & Kush’ sole discretion.
Sugar & Kush Products are not intended for use by persons under 18 years of age. End users should be advised to consult a physician before using any of our products if they are pregnant, have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, over the counter and/or any other medications.
Product. Customer is advised, and should advise all end users, that any statements regarding the Products have not been evaluated by the Food and Drug Administration and that the Products are not intended to diagnose, treat, cure or prevent any disease in humans or pets. Customer should not use, and should advise end users not to use, any information obtained from Sugar & Kush to diagnose or treat any health problems or illnesses in humans or pets without consulting a doctor. Customer also understands that the Products listed on this website are not intended or to be used to treat any type of medical condition in humans or pets. Sugar & Kush will not be responsible for any claims Customer makes that are contrary to the foregoing.
No Warranties. Sugar & Kush PROVIDES THE WEBSITE, THE PRODUCTS AND ALL GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. Sugar & Kush HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. Sugar & Kush DOES NOT WARRANT THAT END USERS OF ITS PRODUCTS WILL NOT TEST POSITIVE ON DRUG TESTS, GIVEN THAT MANY SUCH TESTS ARE NOT SPECIFIC ENOUGH TO DIFFERENTIATE BETWEEN THC AND CBD. CUSTOMER AGREES THAT IT SHALL NOT DIRECTLY OR INDIRECTLY PASS ALONG ANY WARRANTY TO ANY THIRD PARTY ON BEHALF OF Sugar & Kush.
Marketing and Indemnity.
Marketing. Customer understands and agrees that Products are designed for human and, where indicated, pet, consumption, and Customer therefore agrees that in marketing of Products it shall provide complete and truthful information regarding Products, and shall sell Products solely to customers who may legally purchase Products under local law. Customer further agree: (a) not to adulterate or modify Products; (b) to sell Products only in their original containers and packaging; (c) to handle and store Products safely; (d) not to provide any Product that is unsafe or unfit for human consumption; and (e) not to make any claims with regard to Products that are not in full accordance with all applicable laws.
Indemnity. Customer hereby agrees to indemnify and hold Sugar & Kush (and Sugar & Kush’ officers, directors, agents, subsidiaries, joint ventures, licensees and employees), harmless from any liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any unlawful or false or misleading statements or actions by Customer, Customer’s breach of this Agreement, or Customer’s violation of any law or regulation, or the rights of any third party.
The term of this Agreement will continue until terminated by Customer or Sugar & Kush. Customer or Sugar & Kush may suspend access to Customer’s Account or terminate this Agreement at any time with or without notice and with or without cause. If Customer makes no purchases for a consecutive 60 day period, Customer’s account may be deactivated and Customer will need to contact a Sugar & Kush sales person to reactivate the account. The terms of this Agreement will remain in full force and effect after termination with respect to Orders and actions or omissions occurring before termination.
Limitation of Liability.
IN NO EVENT SHALL Sugar & Kush BE LIABLE TO CUSTOMER OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF Sugar & Kush UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED THE GREATER OF THE AMOUNT CUSTOMER PAID FOR THE CORRESPONDING PRODUCTS OR ONE HUNDRED DOLLARS ($100).
Jurisdiction and Venue.
This Agreement shall be subject to the laws of the State of Florida as apply to contracts entered into and performed in Florida between Florida residents and without regard to conflicts of laws principles. The State and Federal courts located in Broward County, Florida, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. You agree that: (i) the Website shall be deemed solely located in Florida; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Sugar & Kush, either specific or general, in jurisdictions other than Florida. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. In the event of litigation, the prevailing party shall be entitled to recover its attorneys’ fees from the non-prevailing party.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by Customer without the prior, written permission of Sugar & Kush. Any purported assignment without such permission shall be void. This Agreement may be assigned by Sugar & Kush in whole or in part without notice. Any waiver of any rights of Sugar & Kush under this Agreement must be in writing, signed by Sugar & Kush, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Customer’s use of the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. CUSTOMER AND Sugar & Kush AGREE THAT ANY CAUSE OF ACTION BY CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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Copyright © 2018
Sugar & Kush of Florida, LLC
All Rights Reserved.
If you have any questions or comments about Sugar & Kush or this Agreement, you may contact
Sugar & Kush
Sugar & Kush and the Sugar & Kush logo and any related marks and logos are trademarks of Sugar & Kush, and may not be used without prior written permission.