Retailer User Agreement
Last Updated 01/04/2021
Opal Avenue (“Opal Avenue,” “we” or “our”) provides a service for selling and purchasing ethical wholesale products (“Products”) through our website, mobile apps, and other services (the “Services”). This Retailer Policy (“Policy”) explains your rights and responsibilities as a customer using our Services to browse, source or buy (“Retailer,” “you,” “your”).
Opal Avenue currently provides Services to users based in the United States and/or Canada.
A. In the Product discovery process, Retailers may request Product samples at no cost from listed Vendors for consideration.
B. If the selected Vendor approves a Product sample request through the Services, you will receive an acknowledgement from Opal Avenue or the Vendor with your name, shipping information and special notes if any have been provided by you. Fulfilling Vendor will provide an estimated fulfilment timeline. Once your sample has shipped, Vendor will forward tracking information directly from the fulfilling Vendor. We will not be liable to you for any losses caused as a result of sample fulfillment or delivery delays.
C. If sample requests cannot be fulfilled or fulfillment is expected to be delayed, Vendor will promptly communicate the reason to you. Vendor will also communicate any expected delays to the Retailer and next anticipated fulfillment date.
2. Orders & Payments
A. Minimum opening order and minimum reorder requirements are listed in individual Vendor store profiles. If Retailer’s first order for a Vendor’s Products does not meet the indicated opening order minimum dollar amount then your cart will ask you to modify your order prior completing checkout to meet the minimum order requirement for your selected Products and Vendor.
C. As a security measure, Opal Avenue may impose transaction limits on Retailers and Vendors. Opal Avenue may also impose limits related to the number of transactions per day or other period of time.
D. Opal Avenue reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Opal Avenue’s Terms, for anyone, at any time, for any reason.
E. Opal Avenue does not pass any secure data, including credit card numbers or bank account information, of any Retailer customers to Vendors.
3. Purchases, Order Processing & Shipping
A. Prices for Products will be specified on the applicable listing. You acknowledge that prices are in U.S dollars and do not include shipping, handling, applicable taxes, or fees, if any, for which you are responsible and that will be identified on your receipt. When you purchase a Product through the Services, Opal Avenue and its third party service providers will collect your billing and shipping information, and process your payment. Products will be shipped by the Vendor(s) directly to you. The Terms of the individual Vendors’ then-current Return Policy apply to any Product that you purchase through the Services.
B. When you place an order through the Services, you will receive an acknowledgement email from Opal Avenue confirming your order on behalf of your selected Vendor(s). Products will be shipped by the Vendor(s) directly to you.
C. When you submit your order, we will carry out a standard pre-authorisation check on your payment card. Products will not be dispatched until this pre-authorisation check has been completed.
E. If we or the Vendor(s) discover an error in the price of any Products that you have ordered, you will be informed of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
F. Vendor(s) will provide tracking information and anticipated delivery timelines for all of your Opal Avenue orders. Please note, there may be circumstances where delivery is delayed because of events beyond our reasonable control. Opal Avenue will not be liable to you for any losses caused as a result of such delay. Delivery times may vary depending on the availability of the Products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The Products will be delivered to you directly by your selected Vendor(s) so your order may be delivered in multiple deliveries.
F. You agree that all prices, fees, and other amounts referred to in these Terms and set forth on the Services are stated in U.S. dollars and do not include any sales, use, value added, goods and services, or similar taxes or withholding taxes or any customs, duties, tariffs, or regulatory fees that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with the respect to the purchase, sale, and licensing transactions contemplated hereunder (collectively, “Taxes”). Opal Avenue is an Oregon, United States based business. Each Retailer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges on orders shipped to any other state or on orders shipped outside the United States or Canada. You acknowledge and agree that Opal Avenue has not provided you with any legal advice in general or tax advice in particular in connection with the Terms. You have sought your own tax advice from qualified tax and financial advisors regarding the tax implications of the Terms and the transactions contemplated hereunder.
Retailers may request to receive Product testers with their qualifying orders. If the Vendor offers testers, you can view how to qualify for testers with your order inside the individual Vendor’s store policies and follow the Vendor’s instructions to receive such testers.
4. Product Returns
A. Requests for a return must be made within the timeframe specified for the Products and individual Vendor(s). Vendor return policies can be found in their Vendor store profile under Return Policy. For Products with return policies listed as final sale or non-returnable, returns will not be accepted for those Products.
B. Returns on qualifying orders and Products can be initiated by emailing Opal Avenue Customer Service (firstname.lastname@example.org) with your order number, name of item you would like to return and reason for requesting a return including images. Once you've submitted a return request, you will receive an email from Opal Avenue or the Vendor with either an approval of the return with detailed return instructions from the Vendor or a denial. Reasons or additional instructions will be provided to you with any other denials.
D. On qualifying returns, all items must be returned according to Vendor’s instructions and with a physical printed copy of Opal Avenue’s return approval email. Items returned without a printed copy of Opal Avenue’s return approval email may experience processing delays. Vendor may provide you, at its discretion, with a prepaid shipping label for returning the item. This label must be used in order for your return to be processed correctly. Opal Avenue will not assume responsibility for replacement or reimbursement of return shipments or if the provided shipping label is not used and the package is lost, stolen, or mishandled.
E. Opal Avenue does not offer Product exchanges. If replacement or an exchange is determined by the Vendor to be the appropriate solution to your approved return request (for ex: in the case of incorrect product or damaged product), Vendor will assume responsibility and costs to provide your agreed upon replacement or exchange.
F. After your return has been received by the Vendor and we have confirmation that all items are in saleable condition or are accounted for, you will receive an email from Opal Avenue confirming that your return has been received and a refund is underway. Your refund (minus cost of shipping, if applicable) will be processed in 10-15 business days from that notice.
E. If an item arrives damaged, you must contact Opal Avenue Customer Services (email@example.com) within 72 hours of your order being delivered. Your order number must be included in your email. Proof of damage will be required such as images. All packaging and item(s) must be kept in the condition they arrived.
5. Order Cancellations
A. An order may not be cancelled or modified after it has been placed.
Opal Avenue reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify this Policy or the Terms, at any time and without prior notice. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. If we modify this Policy or the Terms, we will post the changes through the Services or send you an email or message notifying you of the changes. We will also update the Last Updated Date. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. You reserve the right to decide whether you want to continue using the Services. By continuing to access or use the Services after we have posted the changes through the Services or have provided you with a notice notifying you of the changes, you are indicating that you agree to be bound by the modified Policy and Terms. Opal Avenue does not currently charge a fee to Retailers to register for and access the Services, however we may, at any point and in our discretion, elect to begin charging fees for use of various portions of the Services and/or for different levels of subscription or user account by Retailers.
A. You may terminate your account at any time by sending an email to Opal Avenue Customer Service (firstname.lastname@example.org). You will remain liable for any outstanding bills due hereunder.
B. Opal Avenue reserves the right, at any time, for any reason, and without prior notice, to revoke or suspend your account (and any related accounts) and your access to and use of the Services. In the event that this happens, it is important to understand that you do not have a contractual or legal right to continue to use our Services. Opal Avenue may refuse service to anyone, at any time, for any reason. Under these circumstances, you will remain liable for any outstanding bills due.
If any part of this Policy and the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that this Policy and the Terms will otherwise remain in full force and effect. Our failure to enforce any part of this Policy and the Terms is not a waiver of our right to later enforce that or any other part of this Policy and the Terms. We may assign any of our rights and obligations under this Policy and the Terms.
By using the Services, you authorize Opal Avenue to share your business name, biographical and experience information, picture (if provided), and location to create Opal Avenue Content or marketing. You also authorize Opal Avenue to share your name, business name, shipping address and contact information (business email, business phone number or social media address), picture (if provided) to appropriate Vendors in order to fulfill and ship your Product purchases. We will not provide Vendors with any critical personal information (social security number, financial or credit card information.)
As part of the Service, we provide a platform for ethical Vendors to share information concerning their Products with you. While we do our best to verify such information, Opal Avenue does not warrant that such product descriptions are accurate, complete, reliable, current or error free. Vendors provide prices for their products, including wholesale and recommended retail prices. We cannot and do not warrant that any products presented on the Services will be available at such price. We disclaim any liability or responsibility with respect to any Vendor or product presented via the Services. If any Vendor or Products offered via the Service is not as described, available in the quantity desired or at the price presented, your sole remedy is against the individual Vendor.
OPAL AVENUE SPECIFICALLY DISCLAIMS ANY WARRANTY WITH RESPECT TO VENDORS OR PRODUCTS PRESENTED VIA THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OPAL AVENUE DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR COSTS, DAMAGES, EXPENSES OR OTHER LIABILITIES INCURRED AS A RESULT OF THE ACTIONS, INACTIONS OR FALSE STATEMENTS OF A VENDOR. Opal Avenue is not responsible for the conduct of any Vendor.