Wholesale Terms and Conditions of Sale
The terms and conditions of sale (the “Terms”) contained herein apply to all orders received by The Oil Atelier LLC (hereinafter collectively referred to as the “Supplier” or “The Oil Atelier LLC”) and are the exclusive binding agreement between the parties regarding the products sold by Supplier (“Products”). Supplier hereby rejects all provisions contained in communications from Buyer that conflict with or are inconsistent with the terms contained herein. Supplier’s failure to object to any of the provisions contained in Buyer’s documentation shall not be deemed a waiver of these provisions. Supplier also objects to any provisions contained in communications from Buyer that increase Supplier’s risk, liability, obligations, or exposure beyond that set forth herein, unless included in a contract signed in writing by a duly authorized representative of the Supplier. In the event of any conflict, discrepancy or inconsistency between these terms or conditions, invoice, acceptance, acknowledgment, or other document submitted by Buyer, these Terms shall govern.
1. Product Supply
1.1 Products — Supplier agrees to sell goods to the Buyer on the terms and conditions set out in this document.
1.2 Order Placement — Buyer shall place orders online via theoilatelier.com (Shopify).
2. Quality Assurance
2.1 Quality Standards — The Supplier warrants to the Buyer that the Goods shall be of merchantable quality at the time of delivery to the Buyer or to a carrier for transportation to the Buyer, whichever occurs first. The Supplier, at its option and at its cost, shall replace or repair any Goods which fail to comply with such warranty.
2.2 Inspection — Buyer reserves the right to inspect the products upon receipt. Any non-conforming products due to manufacturing error shall be subject to replacement at Supplier’s expense. A written description, with accompanying photo/video evidence, must be provided to Supplier to validate the return.
3. Delivery and Shipping
3.1 Shipping —Wholesale pricing includes shipping. Orders over $60 will display 'free shipping' at checkout, as shipping costs are already built into product prices based on weight.
Orders are processed within 1-3 business days and typically deliver within 3-7 business days. You will receive tracking information once your order ships.
4. No Franchise or Agency Relationship
The parties to these Terms are independent contractors, and nothing in these Terms shall be deemed or construed as creating a joint venture, partnership, agency relationship, franchise, or business opportunity between Supplier and Buyer. Neither party, by virtue of these Terms, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.
5. Ownership of Goods
The Supplier will retain ownership of the goods until payment has been received in full, at which point ownership transfers to the Buyer. Once the Buyer has resold the products to end customers, the Buyer is solely responsible for handling any issues (e.g., loss, damage, or destruction) raised by those customers. Supplier is only responsible for transactions authorized through its designated sales channels.
6. Wholesale Regulations
As a buyer of Products, Buyer covenants and agrees that it shall, at all times, comply with the following quality control measures:
(a) inspect all Products and remove any defective Products from inventory.
(b) report any and all such defects to The Oil Atelier LLC.
(c) store Products in accordance with The Oil Atelier LLC guidelines (e.g., out of direct light and extreme heat or cold);
(d) assist with Product recalls and other consumer safety information efforts.
(e) provide ongoing customer support to end consumers to ensure the quality and performance of Products:
(f) refrain from repackaging, relabeling, or altering Products and their contents; and
(g) do not sell or list The Oil Atelier LLC Products on unauthorized websites or online stores without prior written consent from The Oil Atelier LLC.
Failure to comply with any one or more of the above may result in termination of the Buyer’s wholesale account without notice.
7. Force Majeure
Supplier shall not be liable for any loss, delay, or failure to perform resulting from circumstances reasonably beyond its control, including but not limited to fire, flood, extreme weather, accidents, strikes, pandemics, supply shortages, or compliance with governmental laws or regulations. In such events, delivery dates may be extended to Supplier’s option.
8. Confidential Information
Any documentation, data, pricing, or other information supplied by Supplier to Buyer and identified as confidential (whether marked or not) is proprietary to Supplier. Buyer agrees to maintain the confidentiality of such information and not disclose or use it in any manner inconsistent with the purpose for which it was provided.
9. General
Neither Buyer nor Supplier shall assign this order or any interest therein without the prior written consent of the other party. Notices shall be in writing and delivered personally by email (with confirmation of receipt), or by certified mail. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States of America, without regard to conflict of law's provisions. Each party consents to the exclusive jurisdiction of the courts located in Oregon. Modifications to these Terms must be in writing and signed by both parties. If any provision is held unenforceable, the remainder shall remain in effect. No waiver of any breach shall constitute a waiver of other breaches. These Terms constitute the entire agreement between the parties with respect to the Products and supersede all prior negotiations or agreements.