WHOLESALE TERMS AND CONDITIONS
Revised 07-01-21
This JoyFace Collective Wholesale Agreement (“Agreement”) is between JoyFace Collective and the entity that has checked the “AGREE” box (“Retailer”). 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. These Terms and Conditions may be updated by JoyFace Collective at any time without notice. All Wholesale orders placed by the Retailer are subject to these Terms and Conditions.
DEFINITIONS
Supplier - JoyFace Collective
Retailer - Business that is qualified and license to sell hemp products.
Customer - End user.
SRP - Suggested Retail Price
MAP - Minimum Advertised Price
Case - (1) case = (1) 12-pack of 12oz cans
Local Delivery - minimum of 4 cases per order and all orders need to be in 2 case increments. Local delivery is only available in Leon County, Florida. Local delivery fees may apply. Deliveries are on Thursdays between 10am and 5pm. Orders must be received no later than the Monday before at 5pm. All payment must be completed the Wednesday before by 5pm.
Sales Tax - All product sold at wholesale, is sold with the understanding it is purchased for resale. Retailer is liable for all sales taxes.
Pricing - All prices are listed in US dollars. All prices are subject to change without notice.
SRP - JoyFace Collective products should be sold at its suggested retail price, which is $4.99 per 12oz can or $28.99 per 6-pack.
MAP Pricing Policy - Retailer may not use the JoyFace Collective name or products to advertise or otherwise promote JoyFace Collective products on the Internet at a net price that is lower than our set MAP. Sales and promotional events that involve lowering the net price should be short-term and infrequent, and will require the prior approval of Recess if less than $4.49 per 12oz can or $25.99. Our pricing policy can change at any time without notice. JoyFace Collective reserves the right to request that you cease advertising or promoting JoyFace Collective products if we find that you’ve violated our pricing policy. Additionally, we may stop accepting and/or shipping orders to you in such circumstances.
Listings - Retailers may use product descriptions or copy what is located in our brand guidelines. Brand guidelines will be sent after your first order. If you have any questions, please do not hesitate to email us at hello@joyfacecollective.com.
Images - All JoyFace Collective images, logos, photography, trademarks and creative assets are the sole and exclusive property of JoyFace Collective and no license is expressed or implied by your sale of JoyFace Collective products. You may request use and reproduction by emailing us at hello@joyfacecollective.com. In all cases we reserve the right to discontinue your right to use and/or reproduce such images, in our sole discretion.
End User Sales Only. - Retailer hereby represents and warrants that Retailer shall sell Products from Retailer’s “brick and mortar” retail physical locations or an e-commerce site approved by JoyFace Collective (and not via any marketplace website such as Amazon, e-bay, Groupon or other similar sites) and that you will sell Products solely to customers 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. Retailer agrees that Retailer will offer the Products for sale only where it is lawful to do so. Retailer agrees that it will not offer Product for less than JoyFace Collective MAP. Customer understands and agrees that the foregoing obligations are material terms of this Agreement, and where JoyFace Collective has determined that Customer has breached any such obligation, JoyFace Collective may immediately terminate this Agreement and refuse to fill Retailer’s Orders.
Shipping - All orders will be shipped via Ground, to be delivered within 7-10 business days from order processing date. Tracking information will be emailed once your JoyFace Collective has shipped.
Cancellation - we reserve the right to cancel an order for any reason or for no reason, including, without limitation, your brand’s poor fit with JoyFace Collective brand image, your failure to pay, your breach of these terms or otherwise, in each case in our sole discretion.
Payment Terms - Credit card or ACH payment is due upon receipt of invoice, and must be completed and paid in full before any local delivery or order is shipped.
Registration and Accounts - In order to purchase Products, you must first register with JoyFace Collective. You may register with JoyFace Collective 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 JoyFace Collective such fully accurate information as JoyFace Collective may reasonably require, including without limitation Retailer’s business tax ID number and/or wholesale tax certificate demonstrating that Wholesales is a legitimate business entity (collectively, “Wholesaler Information”); Retailer agrees to keep all Wholesaler Information updated and correct. Retailer’s Account is personal to Retailer, and Retailer is solely responsible to ensure that Retailer’s Account is used only by Retailer and in a manner consistent with this Agreement.
Claims - All shipments must be inspected at the time of delivery for shortages and damage. JoyFace Collective is not responsible for delays caused by the carrier but will use all reasonable efforts to ensure on time delivery. If damage is concealed upon delivery, please contact customer service at hello@joyfacecollective.com within 48 hours of receipt of delivery. Please provide photos of damaged cans where possible.
Returns - JoyFace Collective products cannot be returned without prior authorization from JoyFace Collective. In the event of an approved return, customer will bear the cost of return shipping.
Warning - JoyFace Collective Products are not intended for use by persons under 18 years of age. Customers 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.
Disclaimer - Retailer is advised, and should advise all customers, 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. Retailer should not use, and should advise Customers not to use, any information obtained from JoyFace Collective to diagnose or treat any health problems or illnesses in humans or without consulting a medical professional. Retailer 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. JoyFace Collective will not be responsible for any claims Retailer makes that are contrary to the foregoing. Customers should consult their health care professional about potential interactions or other possible complications before using any JoyFace Collective product. JoyFace Collective is not for use by children, or anyone who is pregnant or breastfeeding.
Indemnity - Retailer hereby agrees to indemnify and hold JoyFace Collective (and JoyFace Collective’ 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 Retailer, Retailer’s breach of this Agreement, or Retailer’s violation of any law or regulation, or the rights of any third party.
Limitation of Liability - IN NO EVENT SHALL JoyFace Collective BE LIABLE TO RETAILER OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF JoyFace Collective UNDER THIS AGREEMENT OR REGARDING THE WEBSITE EXCEED THE GREATER OF THE AMOUNT RETAILER 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 Leon 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 JoyFace Collective, either specific or general, in jurisdictions other than Florida.
If you have any questions or comments about JoyFace Collective or this Agreement, you may contact
JoyFace Collective
Phone: 850-366-8863
Email: hello@joyfacecollective.com
Address: 1320 South Monroe Street Tallahassee, Florida 32301