PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are “Wholesalestockdrop.com" and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on wholesalestockdrop.com and/or in an email referencing wholesalestockdrop.com, and said wholesalestockdrop.com and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed 'product' throughout this agreement but the word 'product' shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that wholesalestockdrop.com requires as the total price of the product. This consideration includes not only the purchase price, but other obligations that the Buyer accepts as well as potential rights the Buyer agrees to forego. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from wholesalestockdrop.com including email, mail, newsletters, product updates, product recall notices, product improvements, telephone calls from wholesalestockdrop.com. Buyer agrees to post-sale contact from joint venture partners of wholesalestockdrop.com or from others who have a commercial relationship with wholesalestockdrop.com. Buyer agrees that all personal information about the buyer or his or her buying habits and preferences, including address and phone number, may be placed in a general database and agrees that this information may be used for marketing purposes. However, Buyer shall at all times be fully empowered to sever contact with wholesalestockdrop.com by notification using the 'unsubscribe' link in solicitations. Moreover, the Buyer retains the right to refuse specific contact with some third party solicitors and maintain it with others. The Buyer retains the right to have his or her name removed from a general solicitation database. The Buyer's agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone contacting the Buyer. The burden is on the Buyer to prove that such communication was made to and received by the person making contact. Buyer agrees that wholesalestockdrop.com is not liable for communications made to the Buyer by parties unrelated to this purchase even though referred by wholesalestockdrop.com. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he or she retains all rights to directly restrict communication or solicitation from any party including wholesalestockdrop.com.
The Buyer agrees to allow wholesalestockdrop.com to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Buyer. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.
The Buyer understands that cookies may be placed on his or her hard drive that will provide information to wholesalestockdrop.com and which are necessary for delivering an e-product and which will be able to determine if you retain the right to access the product. Buyer understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with wholesalestockdrop.com computer and thereby transmit and receive information.
Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by wholesalestockdrop.com, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that wholesalestockdrop.com’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes wholesalestockdrop.com to bill the Buyer's credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 16 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of GBP £10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by www.wholesalestockdrop.com may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon wholesalestockdrop.com, he or she authorizes each and every credit card company or merchant service provider to disclose to wholesalestockdrop.com all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon wholesalestockdrop.com involving the use of a credit card herewith gives authorization for wholesalestockdrop.com to access all credit information about the Buyer from credit reporting agencies and also authorizes wholesalestockdrop.com to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one refund, or if he causes a fraudulent dispute claim that results in a chargeback against wholesalestockdrop.com’s account, that wholesalestockdrop.com is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make wholesalestockdrop.com whole. Buyer agrees to, in addition to actual damages, pay wholesalestockdrop.com liquidated damages of an amount equivalent to GBP £10,000 for every separate fraudulent action Buyer commits.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer's person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that wholesalestockdrop.com is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that wholesalestockdrop.com disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that wholesalestockdrop.com disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with wholesalestockdrop.com or Third Parties.
Buyer expressly agrees that no matter what may happen because of his or her purchase of this product, or no matter what damage may be allegedly or actually caused by the use of this product, or no matter the harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, that the absolute maximum extent of wholesalestockdrop.com's liability shall be an amount no greater than the purchase price of the product.
Buyer agrees and understands that, wholesalestockdrop.com, specifically but not exclusively, disclaims liability for all damage to Buyer's person or business by using this product, including harm to buyer's computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. wholesalestockdrop.com disclaims liability for Buyer's interaction with Third Party soliciting agents who were provided 'leads' by wholesalestockdrop.com. Wholesalestockdrop.com disclaims liability for Buyer's interactions with advertisers on www.wholesalestockdrop.com. wholesalestockdrop.com disclaims liability for Buyer's interaction with other visitors or members of www.wholesalestockdrop.com.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that wholesalestockdrop.com's total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that wholesalestockdrop.com's total liability, even from harm caused to the Buyer or to others from use of the product, shall be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that wholesalestockdrop.com's total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by wholesalestockdrop.com about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to make money and, in fact, make no money. Some people buy this product and never read or attempt to implement any of the marketing ideas provided. Some folks seemingly take to it like a duck to water and can't stop making money. The products Buyer is buying to learn how to make money or products that Buyer is buying to re-sell, have all been proven money-makers. The income and earnings statements, if any, tend to reflect the more successful cases and Buyer should not construe this as being the 'average' or usual success story. As is true in much of life, real success usually requires real work. Learning about the internet is not terrible work and it can produce very liveable income if Buyer is willing to learn his or her craft and work at it steadily. Even part-time efforts may bring in some extra money each month. But it requires learning skills that Buyer may not have a background to easily learn and will certainly require constant education and, perhaps, even psychological motivation to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to wholesalestockdrop.com) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product ‘plan’ that claims to produce specific benefits or results or that otherwise involves a recurring fee, the Buyer has a right to terminate the membership or ‘plan’ upon notice to wholesalestockdrop.com. In this case, the promotional materials describing the membership and the ‘plan’ and the remedy for dissatisfaction shall be controlling. If the promotional materials say that part of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, wholesalestockdrop.com deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse wholesalestockdrop.com for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against wholesalestockdrop.com and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer's only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that wholesalestockdrop.com may publish for commercial purposes the full or partial content of any and all communication with Buyer at wholesalestockdrop.com sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify wholesalestockdrop.com for any and all damage that Buyer causes by using the product or information contained on www.wholesalestockdrop.com that results in a damage award against wholesalestockdrop.com.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that wholesalestockdrop.com has the right to discontinue the product, the service, the membership at any time without notice.
Buyer understands that wholesalestockdrop.com may discontinue customer service on a product or service at any time without notice.
ARBITRATION
As part of the consideration that wholesalestockdrop.com requires, Buyer agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
In no case shall the Buyer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the wholesalestockdrop.com's address.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the wholesalestockdrop.com.
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to wholesalestockdrop.com on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted 'unsubscribed' notices and specifically agrees that any notification to cease contact shall not be binding upon wholesalestockdrop.com in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants wholesalestockdrop.com irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with wholesalestockdrop.com.
COSTS
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot be modified in any manner between wholesalestockdrop.com and this Buyer unless modifications are made in writing signed by both parties. However, wholesalestockdrop.com may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and wholesalestockdrop.com agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
Wholesalestockdrop.com's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to wholesalestockdrop.com that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.
Payment for the goods and the delivery charges can be made by any method shown on the WholesaleStockDrop.com website at the time you place your order. Payment shall be due, in full, before delivery. WholesaleStockDrop.com will be entitled to terminate the contract immediately if full payment is not received.
3.3 There will be no delivery until cleared funds are received.
3.4 A valid VAT invoice for the order shall be produced by WholesaleStockDrop.com and be provided to you in your member area on the WholesaleStockDrop.com website.
3.5 WholesaleStockDrop.com accepts payment by credit card which requires guarantee by a third party. You are liable for and shall pay any charges involved in the transfer of funds (i.e BACS, T/T etc).
4. Deliveries
4.1 All orders placed will be processed and dispatched the following working day provided that no additional security checks are required and the goods are available. (A working day is any day other than weekends, bank holidays or other public holidays.)
4.2 Your first order will be delivered only to the address of the registered cardholder who is making the payment. (This is to protect you, and extensive checks are made to ensure that your card is not being used fraudulently). He/She shall make arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
4.3 If delivery cannot be made to the address of the registered cardholder or an address stated in the order by the registered cardholder for reasons under WholesaleStockDrop.com control, WholesaleStockDrop.com will inform you, by email, telephone or fax, as soon as is possible.
4.4 Delivery dates are given in good faith by WholesaleStockDrop.com and indicate estimated delivery dates but shall not amount to any contractual obligation to deliver on the date stated and is subject to payment clearance, locality, human error, courier company error and system failure.
4.5 If WholesaleStockDrop.com fails to meet any estimated delivery date, from unforeseen demand, discontinued products or any other such matter outside WholesaleStockDrop.com control, WholesaleStockDrop.com will not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.
4.6 WholesaleStockDrop.com shall endeavour to deliver the goods within 30 days from receiving your order and every reasonable effort shall be made to keep to any estimated delivery date. If WholesaleStockDrop.com are unable to do this we shall contact you within this 30 days period to agree a new delivery date. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by WholesaleStockDrop.com.
4.7 A courier's first attempt to deliver shall be considered as the delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods. If the package does not appear to be in good condition then please refuse delivery. If you are unable to check the contents of the delivery at the delivery point then please sign for the goods as “unchecked”. Failure to do so may affect any warranty claims that you make thereafter.
4.9 Where the Goods are supplied for export from the United Kingdom, you shall be responsible for ensuring the compliance with any legislation or regulations governing the importation of the Goods into the Country of destination, and into any country through which the Goods are transported, and for the payment of any duties on or in respect of importation or transportation of the Goods. You will be responsible for supplying satisfactory proof of export as required by current legislation.
5.0 All times, dates or periods given for delivery or collection of the Goods are given in good faith but without responsibility on WholesaleStockDrop.com Part.
5.1 Where the Goods are handed to a carrier for carriage to you or to United Kingdom port for export any such carrier shall be deemed to be an agent of WholesaleStockDrop.com and not of you for the purposes of sections 44, 45, 46 of the Sale of Goods Act 1979.
5. Risk and Ownership
5.1 The goods are at your risk from the time of delivery from which time you are responsible for their safekeeping and you should make sure that you are adequately insured against any loss or damage which may affect the goods.
5.2 WholesaleStockDrop.com are the owners of the goods until we have received payment in full.
6. Cancellations/Returns
6.1 You have 7 working days from the day after the date of receipt of the goods to cancel your order by giving notice to WholesaleStockDrop.com by letter, email or fax to us. Notification by telephone is not sufficient.
6.2 If you fail to return the goods to WholesaleStockDrop.com within 7 days of the date of cancellation, WholesaleStockDrop.com shall be entitled to recover the goods and deduct the cost of doing so from any monies owed to you.
6.3 You will be liable for any costs involved in returning the goods to WholesaleStockDrop.com if you cancel your order or return a product.
6.4 WholesaleStockDrop.com will refund any monies paid by you for the product or products purchased (not the delivery charge) as soon as possible but no later than 30 days from the date of notice of cancellation. The refund shall be made by the same method as payment.
6.5 Damage caused to any returned Goods which is due to faulty packaging is the responsibility of you and WholesaleStockDrop.com will not refund you any money.
7. Warranty
7.1 Branded Goods supplied by WholesaleStockDrop.com are warranted from the manufacturer direct and WholesaleStockDrop.com to not take any responsiblity for any defects. Any defects must be reported directly to the manufacturer and not WholesaleStockDrop.com.
7.2 Unbranded Goods supplied by WholesaleStockDrop.com are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. This warranty is given by WholesaleStockDrop.com.
7.3 If the goods supplied to you are damaged on delivery you should notify WholesaleStockDrop.com within 48 hours of receipt of the delivery via email or fax shown on the website.
7.4 If the goods supplied develop a fault or defect while under WholesaleStockDrop.com warranty (after the 48 hour period) WholesaleStockDrop.com should be contacted immediately.
7.5 If the goods supplied develop a fault or defect while under the manufactuer warranty. Contact the manufactuer direct to resolve the issue and not WholesaleStockDrop.com.
7.6 Warranty covers all hardware supplied by WholesaleStockDrop.com and labour.
8. Data Protection
WholesaleStockDrop.com will take all reasonable precautions to keep the details of your order and payment secure but unless WholesaleStockDrop.com is negligent, WholesaleStockDrop.com will not be liable for unauthorised access to information supplied by you.
9. Force Majeure
WholesaleStockDrop.com shall be entitled to delay or cancel the performance of its obligations under the Contract and these conditions if and to the extent that it is prevented from or hindered in or delayed in manufacturing, obtaining, delivering or making available for collection the Goods by normal route or means of delivery through any circumstances beyond its control including (but not limited to) strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
10. Images
Product images are for illustrative purposes only and may differ from the actual product.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales. Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish Courts.
12. Copyright – Ownership of Site Content
WholesaleStockDrop.com does not transfer title to any site content downloaded or used by any user. Site content, including its selection and arrangement, is owned by WholesaleStockDrop.com and is protected by copyright and other laws.
