Veluca Customer Terms and Conditions – Last update 8/12/19
These terms apply for Products and Services (combined: Services) sold by veluca.com on its website, through customer support or by interaction with any of its employees or Referral Partners.
You will need to create an account with Veluca to make purchases and use some Services. Some products and/or pricing are only available after creating and logging into your account.
Here are a few rules about accounts with Veluca:
A. You must be Retailer selling products to consumers online or in a physical store, or a Wholesaler selling products to Retailers or other wholesalers. You may be required to provide a Resale Certificate or otherwise prove your sales tax exempt status prior to completion of your first order.
B. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. When you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
C. Be honest with us. Provide accurate information about yourself and your business. It’s prohibited to use false information or impersonate another person or company through your account.
D. Veluca is serious about rewarding its Referral Partners for their customer introductions. It is prohibited to open more than one Customer Account under a new Referral Partner, even if that Referral Partner is yourself. Referral Partners must make any and all purchases in your Partner Portal.
E. These Customer Terms and Conditions don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Veluca.
A. Veluca only sells wholesale Business to Business (B2B). We do not sell or ship directly to consumers.
B. Products and services listed on Veluca’s website are offered to Veluca at significant volume discounts, which are passed to you as Veluca’s customer, cheaper and with smaller Minimum Order Quantities than you will find elsewhere.
C. By buying from Veluca, you agree to not pursue a new direct relationship with Veluca’s vendors for products offered by Veluca. Such attempts will constitute a violation of this agreement and lead to your exclusion for making future purchases from Veluca. Please note that Veluca’s vendors are obligated to report such attempts to Veluca, and restricted from selling products offered by Veluca directly to you.
D. White-label products are sold unlabeled by Veluca. IT IS YOUR RESPONSIBILITY to label the products with the proper Directions and Supplement facts provided under the product details for each product. Veluca may request a copy of your label to confirm content and representation. You agree that you are fully and 100% responsible for any issues resulting from incorrect or misrepresenting labels applied to purchases unlabeled from Veluca. All labels MUST include the following FDA disclaimer EXACTLY.
E. The above FDA disclaimer must also appear on the page of each product listed for sale online.
F. From time to time, and as part of processing your order, Veluca will provide you with certain legal information in writing. By using our Services, you’re agreeing to receiving information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
A. Products listed on Velucas website all come from USA GPA certified vendors and include Quality Assurance Certificates, ensuring that the products are safe for you to sell to your retail customers.
Ordering on veluca.com
A. Products are listed per production batch, which means similar products may appear on the website several times under different SKU-lot number combinations, with different prices, bottles or different expiration date. Please refer to the Supplement Facts and product detail shown for each product to ensure you are ordering the product you want.
B. Order Quantities and possible delays to your order.
i. Available Quantity.
When placing a large order for a product listed several times on veluca.com as described above, please select that product with available quantity closest to your order quantity.
The Available Quantity shown in the product description does not update real- time. To see if a product is available, add the desired quantity to your shopping cart. The system will prevent adding more than what is remaining available.
Please note that adding the product to your cart does not guarantee continued availability. Product is not reserved until you complete the purchase and see the order confirmation screen.
ii. Minimum Order Quantity (MOQ)
Each product listed shows a Minimum Order Quantity. Orders entered for less than the Minimum Order Quantity will remain Pending and will be voided and refunded if we are unable to reach you and confirm an increased order quantity within one business day.
iii. Order Quantity Increments.
Each product is sold in whole boxes, e.g. 24 bottles, 100 bottles or 25,000 bulk capsules, or other as specified in the product details under “Product can be ordered in increments of:”. Your order quantity must be a multiple of that quantity.
Orders entered for a quantity not a multiple of the listed increment quantity will remain Pending and be adjusted down to nearest multiple and a refund issued for the balance, if we are unable to reach you within one business day and confirm a higher order quantity.
In order to meet your rapid delivery promise, orders are pending only for 2 business hours, or until 11am Central Time if placed overnight, before they pass through to final processing, after which they CANNOT BE CANCELED or REFUNDED.
D. Inspect your delivery.
Should you receive less than ordered quantities, damaged or faulty product, you agree to contact customer support within 2 business days of delivery or confirmed delivery date. Our first cause of action will be to replace any missing or damaged product with same or similar product. If no such product is available, you will be issued a credit that may be used as payment for future orders or you may request a refund.
Your use of veluca.com and services and products purchased from Veluca.
A. Don’t Break the Law.
You agree that you will not violate any laws in connection with your use of the Services or Products. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your business requires; you may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against your customers, Veluca, another Veluca Customer or Referral Partner, or a third party.
B. You agree not to crawl, scrape, or spider any page of the veluca.com or to reverse engineer or attempt to obtain the source code, copy, or content of the Services.
Warranties and Limitation of Liability
Items You Purchase.
You understand that Veluca does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced and listed by independent Product Providers (Manufacturers and/or resellers), so Veluca cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the manufacturer of the item, which will be revealed only at that time. You release Veluca from any claims related to items sold through our Services, including for defective items, misrepresentations by Product Providers, or items that caused physical injury (like product liability claims).
Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services, e.g. Product Reviews. Veluca is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
We reserve the right to end any promotion prior to announced end date and without notice. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. VELUCA IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VELUCA INC, NOR ITS EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL VELUCA’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID VELUCA IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If Veluca gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Veluca (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Veluca’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release Veluca from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Veluca
If you have an issue with us, a service we offer or sold, or with any of our partners, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law.
The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Veluca agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Veluca are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, Veluca will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
We’re incorporated in Delaware, so any legal action against Veluca related to our Services must be filed and take place in Newcastle County, Delaware. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Wilmington, Delaware, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Veluca agree to submit to the personal jurisdiction of a state or federal court located in Newcastle County, Delaware
If we make any changes to this “Disputes with Veluca” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Veluca prior to the date the changes became effective. Veluca will notify you of substantive changes to the “Disputes with Veluca” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Veluca a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Veluca in accordance with the provisions of this “Disputes with Veluca” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Veluca regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email [email protected].
11801 Domain Blvd. Suite 300
Austin, TX 78759