General Terms & Conditions for Block & Gold Brands

Wholesale Trade Only:

 

1. Introduction

These Terms and Conditions of Sale and Delivery apply to any sale from Block n Gold LLC its affiliate’s subsidiaries, Ruskin FL 33570 and the customer (“Buyer”) and govern the supply of goods from the Supplier to the Buyer. These terms and conditions include all subsidiaries within the company Block & Gold. Together with any offer and order confirmation from the Supplier, the Terms and Conditions of Sale and Delivery form the total contractual basis for the Supplier’s sale to the Buyer.  Any sourcing conditions of the Buyer which are printed on orders or in any other way notified to the Supplier do not form part of the contractual basis.

​

2. Products

The products which the Supplier sells and delivers to the Buyer observe all local legislations. 

Notwithstanding any opposite terms in the contractual basis, the Supplier is in no way liable for loss or damage related to use for another purpose, normal wear and tear.

​

3. Stock list Requirements:

All accounts must have a city or county privilege license and have a state tax certificate to operate as a retailer / reseller of our merchandise. 

 

All new account registrations are reviewed to ensure that retailers are a good fit for Block & Gold and are subject to approval according to Block & Gold’s discretion. Block & Gold reserves the right to refuse any resellers request to sell or display our products at any time.

 

Retailers cannot resell any Block & Gold products on any third-party website, including but not limited to: Amazon, E-bay, Walmart.com. All websites and online marketplace stores will be regularly checked by Block & Gold to ensure adherence to this policy. Retailers engaging in unapproved use of third-party websites are in violation of this policy and are subject to their account being terminated or suspended.

 

4. Order process

The Buyer shall send orders for products either in writing to the supplier via Email, supplier b2b platform’s or sales representatives platform, after which an order confirmation will be sent to the Buyer by e-mail immediately after the Supplier’s approval of the order. A contract will not come into force until the Supplier has sent the order confirmation. The Supplier reserves the right to refuse to supply any person, partnership, or company at any time for any reason.

 

5. Prices

The price and currencies of the goods will always be in United States Dollars ($USD). All amounts quoted on the Supplier’s website and in the order confirmation are stated exclusive of VAT, freight, insurance etc. In addition to the price of the product, the Buyer could be subjected to pay a delivery charge. The prices are quoted on the Supplier’s website and price-list, and are subject to change from time to time. Prices are adjusted at a minimum twice a year, on January 1st and June 1st. 

The Supplier can, at any given time, adjust prices if significant changes in currency occurs.

 

6. Minimum Order Value

 

All prices and minimums are subject to change without notice. All items ordered under the minimum unit or not in appropriate multiples will be adjusted to the next multiple.

 

• Opening order for all Block & Gold Brands:  $500 USD

• Reorder for all Block & Gold Brands:  $300 USD

 

Buyers must meet all minimum order values to qualify for any free freight opportunities that may be available.

 

7. Delivery

Terms of delivery:

• The Supplier shall deliver the goods to the address for delivery given in the order confirmation or otherwise agreed. Delivery shall be to the first curb at the stated delivery address. That is pavement, driveway and the like on street level, where the delivery can stop as close as possible to the stated delivery address. Delivery does not include unloading of the goods. This means that the Buyer shall unload the goods and move the goods to the Buyer’s business premises etc. If the Buyer is not available at the agreed time of delivery the goods will be returned to the Supplier’s stock at the Buyer’s expense (see below). In that case, the Buyer shall contact the Supplier and agree on a new time of delivery. All orders shipping within the 48 continental United States, as well as to Hawaii and Alaska, will ship DDP. Any orders outside of the US will be shipped in co-terms via EX WORKS where they will need to be picked up from our US warehouse, at which point the risk in the goods will pass from the Supplier to the Buyer at the time of delivery.

 

Time of delivery 

• The Supplier will use reasonable endeavors to deliver as soon as possible after having confirmed the Buyer’s order. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable to pay any damages or loss of whatever nature including of a consequential nature whether arising directly or indirectly out of delay of delivery. If an item is not in stock by the time of ordering, it will go on a backorder on the Buyer’s account and be sent out automatically as soon as possible. The Buyer is responsible for cancelling backorders if the item is no longer required. Any expense related to a return to Supplier stock due to Buyer’s inability to take said stock at the time of scheduled delivery, shall be passed on to the Buyer and invoiced for immediate remittance and paid prior to any additional attempt at re-delivery.

 

8. Payment

Payments can be made via Mastercard, Visa, Discover, and American Express; Advance Payment; Net 30 with approved credit –1.5% per month late charge subject to applicable state laws. We do not accept C.O.D. shipments. Orders may be subject to cancellation if credit application or payment information cannot be obtained by CCOI after several contacts, up to the time of planned ship date. Order cancellations at the request of the customer must be submitted in written format via email.

 

Customers may apply for Net30 terms by completing our credit application, after their 3rd prepayment order with a good standing account.   A copy of our credit application can be received by email from info@blockngold.com Continuously late payment can consequently result in permanent prepayment for all invoices.

 

9. Retention of title

Title to the goods shall not pass to the Buyer until the Supplier receives payment in full for the goods. Until title to the goods has passed to the Buyer, the Buyer shall:

• Store the goods separately from all other goods held by you, so that they remain readily identifiable as the Supplier’s property.

• Not remove, deface or obscure any identifying mark or packaging on or relating to the goods.

• Maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

 

If the Buyer commits any breach of obligation to the Supplier, including failure to pay for the goods by the due date, the Supplier shall have the right to retake possession of the goods without prejudice to any other remedy with or without prior notice and any expense related to the reclamation of said stock shall be incurred by Buyer.

 

10. Intellectual property rights

All intellectual property rights related to the Supplier’s products, the content of the Supplier’s website and catalogues –

including but not limited to texts, product names, trademarks, logos, photographs, images, illustrations, graphics, designs, written and other material – are the absolute property of the Supplier. The Buyer agrees that the Buyer will not copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of any part of the above mentioned intellectual property rights without the Supplier’s express written consent.

Image bank:

• Through the Supplier’s website, the Buyer may access the Supplier’s image bank. The Supplier’s image bank provides the Buyer with image pictures as well as product pictures. The Buyer must login to the account in order to download images. The Buyer must credit the Supplier when using the Supplier’s pictures on the Buyer’s website, on social media, in the Buyers shop etc. Images are available for press, approved Supplier dealers and non-commercial use only. Supplier images are not approved for third party platforms. On the Supplier’s website, the Buyer can find additional information regarding the use of the Supplier’s image pictures. It is the Buyer’s responsibility to be aware of the guidelines and its possible changes.

Web Shops:

• The Supplier does not permit the name of the Supplier to be part of the URL web address when selling the Supplier’s products online. The Supplier logo must not form part of the header of Buyer’s Web Shop, which is to avoid any confusion regarding the ownership of the Web Shop. The Buyer’s own Web Shop must not in its design in any way resemble the Supplier’s own Web Shop. The Supplier’s product and image pictures may not be used when selling the Supplier’s products via any third party platform without a prior written agreement from the Supplier.

Brick-and-mortar stores:

• The Supplier logo must not form part of the front signage of the store, which is to avoid confusion regarding the ownership of the store.

 

11. Damaged and defective goods

Duty of inspection

• Immediately upon delivery of the goods, the Buyer is obliged to promptly examine them. Any delivery shortages, discrepancies or transport damage must be notified to the Supplier within 7 days from delivery. If a fault or deficiency discovered by the Buyer or which the Buyer should have discovered is not notified in writing to the Supplier within expiry of the time limit, it cannot be claimed later.

• Claims are to be submitted via e-mail to info@blockngold.com with a brief description of the damage or discrepancies. Images must be provided for all damages to be eligible for any type of credit.

 

Delivery of substitute goods etc.

If a fault or deficiency is acknowledged by the Supplier, the Supplier has the right to determine whether the Supplier wishes to make a redelivery of the goods within a reasonable time or ask the Buyer to return the goods to the Supplier.

Credit notes are issued, once the Supplier has accepted a claim and the Buyer has returned the goods. If the Buyer is to return the goods, this will be at the Buyer’s risk, cost, carriage paid and appropriately insured.

 

 

12. Returns

The Supplier cannot accept returns unless it has been agreed with the Supplier’s representative. In the event a return has been agreed by the Supplier’s representative the buyer must obtain an RA# from the representative and the returned products must be in original packaging and in the same condition and quantity as received in order form the Supplier to accept and credit the product. The buyer will be responsible for any freight associated with the goods being returned to the suppliers facility. A 20% restocking fee could be attached to any returns.

 

13. Limitation of liability

Limitation of liability

• Notwithstanding any opposite terms in the contractual basis,  the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Supplier being in breach of the Supplier’s obligations under the Terms and Conditions limited to the price of the disputed goods of the relevant order.

Indirect loss

• Notwithstanding any opposite terms in the contractual basis, the, Supplier is not liable for indirect loss, including loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Terms and Conditions.

Force majeure:

• Notwithstanding any opposite terms in the contractual basis, , the Supplier will not be liable or responsible to the Buyer for any failure to perform or delay in performance of any of the Supplier’s obligations under these Terms and Conditions and/or an order for goods, or for any damage or defect to goods supplied or delivered in relation to any order for goods that is caused by a Force Majeure Event.  A Force Majeure Event is any act, event, non-happening, omission or accident beyond the Supplier’s reasonable control and includes, without limitation, breakdown in machinery, governmental action, war or national emergency, act of terrorism, protest, riot, civil commotion, fire, explosion, flood, epidemic, lock-out, strike or other labor dispute (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining the Supplier of adequate or suitable materials.

 

Currency restrictions, import or export bans, interruption of common communication including virus or malware attack are also considered as force majeure as well as force majeure in pursuance of this provision at the Supplier’s sub-supplier.

 

14. Product liability:

The Supplier’s product responsibility and liability is in accordance with United States legislation on product liability with the following restrictions:

• The Supplier is not liable for damages caused by a product on property or movable property or intellectual property.

• The Supplier is also not liable for damages to products made by the Buyer, or for products incorporating products made by the Buyer.

• In no case the Supplier is liable for indirect loss, operating loss, lost earnings, loss of profit, loss of goodwill or other financial loss of income.

• If a third party submits claims against one of the parties for liability under this paragraph, that party shall immediately inform the other party accordingly.

 

The Supplier and the Buyer are mutually obliged to sue in the court or arbitration tribunal dealing with claims against one of them on the basis of an injury or loss caused by the product. However, the mutual relationship between the Buyer and the Supplier shall always be settled by the agreed venue in accordance with the present terms and conditions of sale and delivery.

 

15. Personal data etc.

Personal data provided to the Supplier in connection with a potential or existing order may be subject to data processing by the Supplier. Block & Gold is firmly committed to ensuring online user privacy. We provide this notice to explain our online information-gathering practices and the choices you can make about the way information about you is collected and used. Since your privacy is important to us, Block & Gold takes reasonable precautions to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. While no security system is absolutely safe, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and to protect your personally identifiable information from loss, misuse, alteration and destruction.

Block & Gold does, at times, contract with third party service providers to perform certain business functions on our behalf (“Third Party Providers”), including, without limitation, providing online product ordering services, providing emailing and promotional services, providing bill printing and mailing services, processing credit card and other bill payments, providing customer service, providing shipping services for products ordered, managing product orders, surveying and analyzing website activity data, providing marketing assistance, providing search results and links, conducting research, and promoting programs. Such Third Party Providers have access to personal information needed to perform their specific business functions, but may not use it for other purposes.

In some areas of our Website, we require a user ID and password for you to access certain information. Block & Gold will not disclose passwords to third parties, other than such Third Party Providers who need passwords to perform their specific business functions. You are responsible for maintaining the privacy and security of your password, user name, e-mail address and related information.

 

16. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States. The UN convention on the international sale of goods (CISG) shall not apply to these terms and conditions.