Retailer Policy

Retailer Policy

Opal Avenue (“Opal Avenue,” “we” or “our”) provides a service for selling and purchasing wholesale natural beauty and wellness 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”).

This Policy is part of our Terms of Use (“Terms”). By accessing or using any of our Services, or by purchasing a Product on or through our Services, you’re agreeing to this Policy and our Terms of Use, whether or not you have registered with our Services. If you agree to this Policy and our Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms, and in such event, “you” and “your” will refer and apply to that company or other legal entity.

Opal Avenue currently provides Services to users based in the United States and/or Canada.

1. Sampling

A. In the Product discovery process, Retailers may request Product samples at no cost from listed Brand Partners for consideration.

B. When you place a sample request through the Services for a Product, you will receive an acknowledgement email from Opal Avenue with your name, shipping information and special notes if any have been provided by you. Brand Partner will reply within 24 hours to Opal Avenue confirming receipt of your sample request and will provide estimated fulfilment timeline. Once your sample has shipped, Opal Avenue will forward you tracking information directly from the Brand Partner. We will not be liable to you for any losses caused as a result of sample fulfillment or delivery delays.

C. If sample request cannot be fulfilled or fulfillment is expected to be delayed, Brand Partner will promptly communicate reason to Opal Avenue. We will 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 on individual Brand Partner profiles. If Retailer’s first order for a Brand Partner’s Products does not meet the indicated opening order minimum dollar amount, Opal Avenue will ask Retailer to modify the order prior to authorization to meet the minimum requirement.

B. All customer payments for orders (“Payments”) will be remitted to Opal Avenue through Opal Avenue’s authorized payment processors. Opal Avenue has engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, and fraud analysis. Opal Avenue partners with PayPal and other licensed payment processors to facilitate credit card payments by Retailers. The PayPal entity is regulated and authorized to provide payment services in the countries where it operates. You consent and authorize us to share your personal or transactional information with those third-party service providers when it is necessary to process payments. By using any of these payment services in connection with the Services, you agree to be bound by PayPal Terms of Use and PayPal Privacy Policy.

C. As a security measure, Opal Avenue may impose transaction limits on Brand Partners and on Retailers. 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, to any Brand Partner.

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 Brand Partner directly to you. The Terms of Opal Avenue’s 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 receipt of your order on behalf of the Brand Partner. Products will be shipped by the Brand Partner directly to you. The estimated delivery date of the Products will be stated in your order confirmation. We will try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your Products to be delivered as soon as possible, but we 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 the Brand Partner so your order may be delivered in multiple deliveries.

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.
D. We reserve the right not to accept your order if, for example, the Product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment, or you do not meet the eligibility criteria (e.g. you are under 18), or you do not meet the Terms of Use.

E. If we discover an error in the price of any Products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

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.

3. Testers

Retailers may request to receive Product testers on qualifying Brand Partner orders. If offering testers is a standard part of Brand Partner’s wholesale business, Brand Partner’s tester policy and how to qualify for testers will be stated on their Brand Profile Page. .

 

4. Product Returns

A. Requests for a return must be made within the timeframe specified for the Product. For Products with return policies listed as final sale or non-returnable, returns will not be accepted for those Products. The Product’s Return Policy is listed under the Shipping & Returns section in the Product description.

B. Returns are accepted for unused items, in their original condition and in their original packaging. Returns can be initiated by emailing [email protected] with the 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 with either an approval of the return with detailed return instructions from the Brand Partner or a denial within 48 hours. Reasons or additional instructions will be provided with any denials. All items must be returned according to Brand Partner’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. Brand Partner may provide you, at its discretion, with a pre-paid 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.

C. Opal Avenue does not offer Product exchanges. If replacement or exchanged is deemed by the Brand Partner to be the appropriate solution to your approved return request (for ex: in the case of incorrect product or damaged product), Brand Partner will assume responsibility and costs to provide agreed upon replacement or exchange.

D. After your return has been received by the Brand Partner 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. 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 [email protected] 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.

B. Opal Avenue reserves the right to cancel any order placed via the Services if Opal Avenue determines, in its sole discretion, that the Product is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via Services, or if the Retailer or Brand Partner does not meet Terms of Use. If Opal Avenue cancels an order placed via the Services, Opal Avenue will send you an email confirmation of such cancellation and you will not be charged for your order.

6. Modifications

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.

 

7. Termination

A. You may terminate your account at any time by sending an email to [email protected] 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.

7. Survival

The terms of this Policy and Terms of Use will remain in effect even after your access to the Services is terminated, or your use of the Services ends.

8. General

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 e-mail, business phone number or social media address), picture (if provided) to appropriate Brand Partners in order to fulfill and ship your Product purchases. We will not provide Brand Partners with any critical personal information (social security number, financial or credit card information.)
As part of the Service, we provide a platform for Brand Partners 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. Brand Partners 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 Brand Partner or product presented via the Services. If any Brand Partner or product offered via the Service is not as described, available in the quantity desired or at the price presented, your sole remedy is against the applicable Brand Provider.
OPAL AVENUE SPECIFICALLY DISCLAIMS ANY WARRANTY WITH RESPECT TO BRAND PARTNERS 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 BRAND PARTNER. Opal Avenue is not responsible for the conduct of any Brand Partner.