All sales made by Just Peachy ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Just Peachy in writing and deemed to be accepted by the Customer when an order has been placed. The Seller reserves the right to amend or modify these Terms and Conditions of sale at any time at its sole discretion. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
Seller hereby grants to Customer and Customer hereby accepts from Seller the non-exclusive right to distribute Just Peachy products subject to all terms and conditions set forth in this Agreement.
Customer shall not, directly or indirectly, including through any agents, distribute, market, sell or solicit orders for any Just Peachy products on any third party, third party platform or marketplace, including any global Amazon selling platform without advance written consent by the Seller.
Invoices are due immediately unless otherwise stated and must be settled before the order is fulfilled. Seller accepts Visa/MasterCard or wire transfers to the bank account indicated on the invoice.
Orders will be shipped within one week via the cheapest available shipping option, unless the products are back-ordered or Customer is otherwise notified. Shipping charges and import customs and/or taxes are the responsibility of the Customer. Actual shipping times may vary and the Seller will not be responsible for shipping delays caused by a carrier.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Any merchandise with visible damage must be noted to the delivery service upon receipt in the Customer’s warehouse. Customer shall notify Seller in writing within 14 days of customer’s receipt of the merchandise of any claims for damages resulting from any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer.
Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery
Changes to Pricing & Products
MSRP and Wholesale pricing is listed on the order form. The Customer may sell Just Peachy products at any price at or above the MSRP and shall not discount Just Peachy products more than 20% without prior written consent from the Seller. Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. The Seller reserves the right, at its sole discretion, to change packaging and any included documentation. All orders are subject to availability.
Wholesale prices and pricelists of the Seller’s products is confidential, and for the use of the Customer only. Publishing or revealing the wholesale pricing of the Seller’s product line outside of the business of the Customer is strictly forbidden without prior written consent from the Seller. Failure to preserve the Seller’s confidentiality in its wholesale pricing will result in the immediate and permanent termination of wholesale status of the Customer. The Seller reserves the right to seek compensation for any loss or damages that would result from any breach of confidentiality.
Disclaimer of Warranties
Seller cannot guarantee variances in color or shade of product or packaging. Seller hereby disclaims all express and implied warranties, including, without limitation, implies warranties of merchantability and fitness for particular purpose. All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and Seller and shall not apply to products sold by Seller.
Limitation of Liability
Customer acknowledges that the Seller shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Sellers merchandise.
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
Seller is headquartered in Hong Kong. These terms and conditions of sale shall be governed by and interpreted under the laws of Hong Kong (without regard to its conflicts of laws principles). If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of Hong Kong and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of Hong Kong in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, and directors.
Use of Materials
All materials published on the Just Peachy website, packaging and promotional materials (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Just Peachy and/or its affiliates or the party credited as the provider of the material. The entire contents of these documents are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. No material from this website or any website owned, operated, licensed, or controlled by Just Peachy, product packaging, or other promotional documentation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading, printing or reproducing and copyrighted material. The use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Just Peachy or the other designated owner of a posted mark.
These terms and conditions of sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these terms and conditions of sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms and conditions of sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of sale are for convenience only and have no legal or contractual effect.