Online Wholesale Order Terms and Conditions ("Agreement")
TERMS OF SALE.
This Agreement is the only agreement between Bella Viva Orchards, Inc. ("BVO") and Buyer relating to products purchased on BVO's wholesale website (www.bellavivawholesale.com). The person (whether individual or entity) that submits an online order on BVO's wholesale website is referred to as "Buyer".
We are not offering samples for our online wholesale customers.
For reasons of food safety BVO does not accept returns except for product that is out of compliance with BVO's specifications, available on each product page. Specifications are subject to change. Product purchased by Buyer shall meet the specifications published on the product page when the online order is placed. Returns must be within 30 days of purchase and require prior approval.
Orders through BVO's wholesale website are FOB Hughson CA 95326. Meaning, Buyer is responsible for any and all shipping costs. There are three shipping options available: (1) Buyer arranges freight through the order process on BVO's website; (2) Buyer picks up at BVO's warehouse; and (3) Buyer arranges freight company (agent) to pick up at BVO's warehouse. If Buyer or Buyer's agent picks up, the order number must be presented at time of pickup. Pickups are available Monday-Friday 9:00 am through 4:00 pm except holidays.
ORDERING. BVO's wholesale online order minimum is $200 for each order. Orders are ready to ship within 3 business days unless product is out of stock. In the rare event that product is either out of stock or there is insufficient stock to fulfill the entire order Buyer will be contacted within 2 business days to either cancel, adjust, or ship the remainder of the order when it is back in stock.
CERTIFICATE OF ANALYSIS.
COAs are not available for product purchased through BVO's wholesale website. Product specifications listing product information such as water activity, moisture, microbiological limits, and other pertinent information are available on each product page. If COAs are required, product can be purchased directly through BVO's manufacturing division; however higher minimum order limits must be met and COAs may require a fee.
This Agreement shall inure to the benefit of and be binding upon the respective successors and assignees of the Parties. This Agreement and the rights and obligations of the Parties hereunder shall be construed, interpreted and enforced in accordance with, and governed by the laws of the State of California, without giving effect to conflict of law principles. In the event any one or more of the provisions contained herein is for any reason held to be invalid, illegal, or unenforceable in any respect by a court of proper jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. This Agreement constitutes the full and entire understanding and agreement between the Parties with respect to the subject matter hereof, and any other written or oral agreement and or subsequent terms and conditions not signed by the Parties relating to the subject matter hereof is expressly canceled and shall be null and void.