WHOLESALE TERMS & CONDITIONS

GENERAL ORDERING INFORMATION
To qualify for wholesale purchases, you must be a valid retail business with a brick and mortar storefront and resale exemption certificate. By placing an order with Appalachian Botanical Co. and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

Authorization to sell Appalachian Botanical Co. merchandise is given on an order-by-order basis. The retailer relationship with Appalachian Botanical Co. is “at will”, meaning Appalachian Botanical Co. determines who they conduct business with. Both Appalachian Botanical Co. and the retailer have the right to terminate the relationship at any time for any reason.

New accounts are opened based on a variety of criteria, and as market conditions and capacity allows. 

STATEMENT OF POLICY
The following policies, terms & conditions may be amended by Appalachian Botanical Co. at any time in its sole discretion.

• Customer may not use the name Appalachian Botanical Co. as the name of its store and may not use any Appalachian Botanical Co. trademark or service mark without our written approval.
• All advertising containing the Appalachian Botanical Co. trademark or service mark is subject to our approval.
• All orders are subject to acceptance by Appalachian Botanical Co.
• Appalachian Botanical Co. may, in its discretion, close any account at any time without notice.
• Accounts that have not placed an order within 6 months or accounts doing less than $1,500 in previous 18 months will be considered inactive.
• Inactive accounts will automatically be closed and subject to the terms and conditions for opening a new account.
• Appalachian Botanical Co. reserves the right to limit quantities ordered.
• The customer expressly agrees that:
• All merchandise purchased from Appalachian Botanical Co. is purchased for the purpose of retail sale only.
• Merchandise purchased from Appalachian Botanical Co. shall only be sold by the customer at the location listed in this new account application or a location specifically approved by Appalachian Botanical Co. in writing.

To request samples of any of our products, call +1 304.956.4015, extension 1. Samples are not for resale.

Prices:

• Our Product List includes the current Wholesale, Minimum Advertised Price (MAP), and Manufacturer's Suggested Retail Price for each product. The MAP is the lowest price at which you may advertise our products for sale.
• The minimum amount for an order is $200.
• Coupon codes for our regular retail site are not valid on our wholesale site. Prices are subject to change without notice.
• Appalachian Botanical Co. reserves the right to change prices without notice. The prices billed will be those in effect on the date of shipment, including orders for future delivery.

Credit and Terms:

• Payment is due in full when the order is placed.
• Credit card processing fees, if applicable, will be listed prior to placing your order.
• Appalachian Botanical Co. charges credit cards 1 to 5 days prior to shipping. By providing a credit card number and expiration date, you are irrevocably authorizing Appalachian Botanical Co. to charge the credit card for all merchandise scheduled to be shipped. Orders may be cancelled at any time prior to shipment.
• All orders are subject to the terms and conditions set forth in this statement of policy. These terms and conditions shall supersede any variance in terms and conditions set forth on customer’s order form or earlier statements of policy.
• Appalachian Botanical Co. may change or cancel credit and may require advance payment, at its sole discretion.

Shipments:
Merchandise is sold FOB Foster, West Virginia; the customer is responsible for all freight. We will ship your order via USPS or UPS Ground up to 200 pounds, and by truck freight collect over that amount (unless otherwise specified). We do not ship c.o.d. Shipments may be delayed if there is an unpaid balance at the time an order is received. Please note that initial invoices must be paid in full before we can release subsequent orders for shipment. A separate shipping charge will apply to back orders.

Returns:

• Merchandise may be returned only upon our authorized approval. We will issue a Return Label.

Shipment Refusals:

• If a shipment is refused and returned to us the customer must reimburse Appalachian Botanical Co. for all freight or delivery charges (both to and from customer). Subsequent orders will not be shipped unless we are reimbursed for all such freight charges on refused shipments. Return shipments will also be subject to a 15% restocking fee.

Claims:

• All Appalachian Botanical Co. merchandise has been inspected and packed prior to shipment. Merchandise is sold FOB from our warehouse, and Appalachian Botanical Co.’s responsibility ceases when the carrier accepts shipment and issues a receipt. At the time of delivery, please inspect all merchandise for damages before you sign the shipping receipt from a carrier. If there are damages, you must file a claim immediately with the carrier. Keep all damaged merchandise in the original carton and hold it for inspection by a representative from the carrier.
• If you receive merchandise via a carrier and find damages, keep the merchandise in its original packing and call the carrier to pick it up and process it through its damage control center. The carrier will not accept a claim if you throw away any of the packing material or box in which it was shipped. Any claims against Appalachian Botanical Co. for defects, shortages or errors must be made, in writing, within (10) business days of delivery. Failure to make such claim shall constitute full acceptance of the merchandise.

DAMAGE CLAIMS
Appalachian Botanical Co. makes every reasonable effort to pack only high-quality merchandise with carrier approved packing materials. If your shipment is damaged in transit you agree to contact the carrier and Appalachian Botanical Co. within forty-eight (48) hours of delivery. You also agree to save all packaging materials and product. You further agree not to cancel or contest payment or deduct from any invoice any amount due to Appalachian Botanical Co. as a result of a damage claim. The carrier will conduct an investigation for the damage claim and it and/or Appalachian Botanical Co. will contact you once the investigation is concluded to resolve the issue.

RETURNS / DEFECTS
Any claim for defective merchandise must be reported to Appalachian Botanical Co. within ten (10) business days of delivery. Contact Appalachian Botanical Co. in the event you receive defective merchandise as all returns must be approved in advance by Appalachian Botanical Co. Appalachian Botanical Co. shall be under no obligation to receive returns for which timely notice in accordance with these terms and conditions has not been received.

INTERNET POLICY
Customer may also advertise and sell Appalachian Botanical Co. products on their own store website with the prior, written approval of Appalachian Botanical Co. Contact Appalachian Botanical Co. at (304) 956-4015 for information regarding the approval process. All copy and images not supplied by Appalachian Botanical Co. must be approved in writing by Appalachian Botanical Co. Appalachian Botanical Co. reserves the right to deny/revoke approval of or require changes to any website we feel does not accurately represent the Appalachian Botanical Co. brand image or which we feel is in violation of these terms and conditions.

INTELLECTUAL PROPERTY
Any and all intellectual property rights associated with Appalachian Botanical Co. including the designs, products, images and content presented, and any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (including any patent-pending items) (collectively “Intellectual Property”) are the sole property of Appalachian Botanical Co. Except as otherwise expressly authorized by Appalachian Botanical Co., you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, distribute or otherwise infringe upon or misappropriate the Intellectual Property of Appalachian Botanical Co. in any way without the express written consent of Appalachian Botanical Co.

By placing an order, you signify your assent to these terms and conditions.