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Terms and Conditions

TERMS & CONDITIONS

Barefoot Scientist Wholesale Terms and Conditions

 

By placing a wholesale order with Barefoot Scientist and purchasing Barefoot Scientist branded products (“Products”), the purchaser (the “Purchaser”) agrees to the following terms & conditions (these “Terms and Conditions”). No modification or additions to these Terms and Conditions shall be binding without the prior written approval of Barefoot Scientist. Barefoot Scientist reserves the right to amend or waive these Terms and Conditions at any time. The Terms and Conditions in effect at the time of order shall prevail. 

 

Barefoot Scientist is not responsible for misuse of any product sold. Review all product labels and warnings before use. 

 

Purchaser: Barefoot Scientist sells Products wholesale to pre-approved distributors, retail establishments and web-based retailers. Sales of Products by Barefoot Scientist to the Purchaser are made on the express condition that such Products are to be sold by the Purchaser directly to retail consumers only, and only at such retail store locations, websites, and/or business establishments pre-authorized by Barefoot Scientist. Without limiting the foregoing, without Barefoot Scientist’ prior approval, the Purchaser shall not sell Products (i) to any other retailer or distributor; (ii) to any party who the Purchaser knows or should know intends to resell Products; or (iii) online or through a third-party website (including but not limited to, Amazon, Jet, and Walmart). Upon the receipt of the Purchaser’s initial order, Barefoot Scientist reserves the right to request images of the store, a valid retail certificate, and/or a completed credit application. Change of address or sales location requires a re-application. Barefoot Scientist reserves the right to reject any order of the Purchaser at any time for any reason. Web sales of the Products and website depictions featuring Barefoot Scientist’ products, logos, brand names, product descriptions and all other advertising and promotions by the Purchaser must be approved, in writing, by Barefoot Scientist marketing department in advance of use. 

 

Order Requirements: Barefoot Scientist requires an opening order minimum of $250 and reorder minimum of $250 each. To remain an active account, the Purchaser must spend a minimum of $1000 per year. Re-application will be required for accounts that do not meet the minimum order requirements. All orders are subject to stock availability. 

 

Pricing: All orders, including, but not limited to backorders, may be invoiced at the most current pricing at the time of the shipment. Barefoot Scientist reserves the right to change pricing at anytime without prior notice. In addition to paying the quoted purchase price, the Purchaser is solely liable for any excises, levies or taxes which Barefoot Scientist may be required to pay or collect, under any existing or future law, upon or with respect to the order, and the Purchaser agrees to pay the amount thereof on the same terms as it shall pay the invoiced price. 

 

Terms: Initial orders are available by credit card or ACH. Terms may be set up for reorders upon receipt of credit references and approval. All invoices granted terms are payable net thirty (30) days from invoice date. Barefoot Scientist reserves the right to withhold delivery on all future orders and outstanding installments of any partially shipped orders until account is paid and current and a 10% service charge may be applied to past due invoices. Barefoot Scientist reserves the right to rescind net 30 terms at any time, for any reason. Barefoot Scientist also reserves the right to, at any time, demand payment for any order prior to, or simultaneously with, shipment. The Purchaser acknowledges that Barefoot Scientist retains a purchase money security interest in all Products not paid for in full, notwithstanding that the Products have been delivered to the Purchaser, and the Purchaser hereby authorizes Barefoot Scientist to execute and file financing statements describing any such Products, and other document which may be requested by Barefoot Scientist to evidence its security interest. 

 

Accounts Placed for Collections: The Purchaser shall be liable for all costs and expenses (including attorney’s fees and collection fees) incurred by Barefoot Scientist in connection with amounts owed by Purchaser. Purchaser shall owe an additional 25% on all invoices submitted by Barefoot Scientist for collection. 

 

Shipping: All shipments are shipped via FedEx Ground Service unless the Purchaser provides its own freight account and will be billed to The Purchaser. If the Purchaser requires special routing instructions be followed, special instructions must be submitted to Barefoot Scientist when the Purchaser places the order. Shipping terms are as specified on the invoice, and in the absence of such specification shall be FOB origin. The Purchaser shall assume all risk of loss or damage upon delivery by Barefoot Scientist at the point of shipment. 

 

Lead time: Once the Purchaser places an order, the order will be confirmed within two business days. Purchaser’s order will be shipped within approximately 5 business days from the time of order confirmation. In the rare event Barefoot Scientist is out of stock on a specific Product the Purchaser has selected, the Purchaser will be notified. The Purchaser will not be charged for the out-of-stock Products until the Products are shipped. 

 

Returns & Exchanges: All sales are final and Barefoot Scientist does not accept returns. Exchanges are only permitted if Products arrive damaged. Please reference below Damages section for additional instruction. Exchanges must be approved, in writing, by Barefoot Scientist and accompanied by an RA number issued by Barefoot Scientist. Unauthorized returns or refused shipments will not be credited nor returned to the Purchaser. Authorized exchanged goods must be in their original condition and may be subject to a 30% restocking fee. On any refused shipments, the Purchaser will be charged roundtrip freight and applicable restocking fees.

 

Damages: If the Purchaser receives a Product that has been damaged during shipping, the Purchaser should save all packaging and damaged merchandise for FedEx to inspect and call Barefoot Scientist within 48 hours with the tracking number(s) of damaged box(es). Barefoot Scientist requires an image of the damaged Product at the time of damage claim. Upon Barefoot Scientist’ approval, Barefoot Scientist may issue a replacement or return authorization if necessary. Freight damage is the sole responsibility of the freight carrier. 

 

Confidentiality: The Purchaser expressly acknowledges and agrees that these Terms and Conditions and any know- how, designs, business plans, pricing and similar information of Barefoot Scientist are proprietary and confidential and shall not be misappropriated or disclosed by the Purchaser to any third party. 

 

Use of Intellectual Property and Materials: The Purchaser acknowledges and agrees that Barefoot Scientist is the exclusive owner of the trademarks under which the Products are sold (the "Marks"). The Purchaser shall inform Barefoot Scientist of any infringement and/or counterfeiting that the Purchaser has knowledge of and will not personally aid or encourage others to register, contest, or impair any of the Marks. No other merchandise shall be sold or offered for sale by the Purchaser under any of the Marks and the Purchaser shall make no use of any of the Marks or portions or derivatives thereof as the Purchaser's trade name or corporate name. The Purchaser has no rights to the use of any of the Marks except as such Marks may appear on Products purchased hereunder or on such advertising, marketing, promotional and/or merchandising materials which Barefoot Scientist may approve in advance. All sales, marketing, promotional and merchandising materials provided by Barefoot Scientist to the Purchaser, including but not limited to, permanent fixtures, signage, POP items and the like, shall remain the property of Barefoot Scientist. Following termination of the relationship between the Purchaser and Barefoot Scientist created hereby for any reason, the Purchaser shall immediately discontinue the use of the Marks in any advertising or use in any manner that might confuse or mislead the public into thinking that the Purchaser is a Barefoot Scientist retailer. The Purchaser shall reimburse Barefoot Scientist for any attorney's fees and other expenses incurred by Barefoot Scientist for any legal action required to enforce this provision. 

 

LIMITATION OF LIABILITY: BAREFOOT SCIENTIST’ LIABILITY TO CUSTOMER FOR DAMAGES, LOSS, OR LIABILITY FOR ANY CAUSE WHATSOEVER, EXCEPT AS OTHERWISE STATED HEREIN, WILL BE LIMITED TO THE AMOUNT PAID PURSUANT TO THE INVOICE. THE REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS ARE THE EXCLUSIVE REMEDIES OF THE PARTIES. IN NO EVENT SHALL BAREFOOT SCIENTIST BE LIABLE TO THE PURCHASER OR ANY OTHER PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR UNFORESEEABLE LOSS, DAMAGE OR EXPENSE, LOSS OF PROFITS, LOSS OF BUSINESS, AND/OR LOSS OF OPPORTUNITY, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED, TO THE FULLEST EXTENT PERMITTED BY LAW. THE PRICE STATED ON THE INVOICE IS CONSIDERATION FOR LIMITING BAREFOOT SCIENTIST' LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THE INVOICE MAY BE BROUGHT BY THE PURCHASER MORE THAN ONE (1) YEAR AFTER THE DATE OF THE INVOICE. 

 

Cancellations: Cancellation of an order must be requested in writing and will be accepted at the discretion of our warehouse. Cancellation requests will not be accepted after 24 hours of placing an order. 

 

Termination: Barefoot Scientist may terminate its relationship with the Purchaser immediately should the Purchaser fail to comply with any of these Terms and Conditions, or upon thirty (30) days’ notice, for any other reason. The relationship of the parties and the Purchaser's right to purchase hereunder may be immediately terminated by Barefoot Scientist upon (i) the commencement of any proceeding under any bankruptcy, insolvency, or similar law by or against the Purchaser or any guarantor of the Purchaser's obligations hereunder, (ii) the appointment of a receiver of any part of Purchaser's inventory, or (iii) the attempted assignment of this Agreement by the Purchaser without Barefoot Scientist’ prior written consent. Termination of the relationship shall not relieve either party from making payments that may be owing to the other party hereunder or otherwise. 

 

Miscellaneous: These Terms and Conditions shall apply to all transactions between the Purchaser and Barefoot Scientist. In the event of any conflict between these Terms and Conditions and the terms included in any document or form submitted by the Purchaser to Barefoot Scientist, these Terms and Conditions shall prevail. The relationship between Barefoot Scientist and the Purchaser established by this arrangement is that of independent contractors. The Purchaser shall not be deemed an agent, employee or representative of Barefoot Scientist. If any of these Terms and Conditions are held invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court or administrative body, such invalidity shall not affect the enforceability of any other provisions not held to be invalid. Any disputes arising between the Purchaser and Barefoot Scientist shall be governed by the laws of the State of California and the exclusive venue for any action hereunder shall be in the federal or state courts located in Los Angeles, California. Barefoot Scientist shall be entitled to reasonable attorneys' fees and other costs incurred in enforcing these Terms and Conditions.  

No tolerance policy regarding Fraud

We will report credit card fraud to the relevant authorities of any attempted fraudulent order.  Credit Card fraud in particular is a crime that is being committed daily over the internet.

 

Privacy Statement

Last Updated: December 5, 2018

This Privacy Policy sets out how Barefoot Sciences, Inc. (“we,” “us,” or “our”) use and protect any information that you, the user, provides when you use this website, www.barefootscientist.com (“Website”).  This Privacy Policy applies to all services offered by us on this Website.  This online Privacy Policy applies only to information collected through our Website and not to information collected offline, unless otherwise stated in this Privacy Policy.  This Privacy Policy does not cover the information practices of third parties, including other companies that may advertise on this Website.

This Privacy Policy will explain the following:

  • What personally identifiable information is collected from you through the Website, how we use it, and with whom we may share it.
  • What choices are available to you regarding the use of your data.
  • How we protect your information.
  • How you can access and make changes to the information we collect from you.

We are a general audience site.  Our website, products, and services are all directed to people who are at least 13 years of age or older.  We do not knowingly collect any information from anyone under 13 years of age (or such other age as provided by the applicable jurisdiction). We understand and are committed to respecting the sensitive nature of children’s privacy online.  If we learn or have reason to suspect that we have collected information from a child, any information regarding that user will be promptly deleted.

Information Collection, Use, and Sharing

We are the sole owners of the personally identifiable information collected on this Website. We only have access to/collect personally identifiable information that you voluntarily give us, whether it is when you place an order, subscribe to our email list, participate in a survey, sweepstakes, or contest, or otherwise directly contact us.  This can include your name, email address, shipping and billing information (if you place an order), your age, or your zip code.  We will not sell or rent this information to anyone.  We also collect other user information through the use of cookies.  For more information, see our Cookie Policy below.

We will use your information to personalize your experience, to improve our Website, to process orders, to send emails to our subscribers, to run surveys and contests (if you choose to participate in them), and to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, or as specified in this Privacy Policy.  If you subscribe to our email list, we may contact you via email (unless you ask us not to) in the future to tell you about specials, new products or services, or changes to this Privacy Policy.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Surveys, Sweepstakes, and Contests

From time to time, our Website requests information via surveys, sweepstakes, or contests. Participation in these surveys, sweepstakes, or contests is completely voluntary and you may choose whether or not to participate and therefore disclose the requested information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). The information you provide will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use of this Website.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time by using the contact details below. You can also do the following at any time using the contact details below:

  • Request a copy of the data we have about you.
  • Change or correct any data we have about you.
  • Have us delete any data we have about you.
  • Object to or deny the processing of your data.

Security

We are committed to making sure your privacy is protected when we collect information from you.  We implement a variety of security measures to maintain the safety of your personally identifiable information, and make sure that any third parties we may use to process your personally identifiable information also use appropriate safeguards to protect your data.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment in the United States.  This means that if you are located outside the United States and choose to provide personally identifiable information to us, please note that we transfer the data and personal information to the United States.  Your consent to this Privacy Policy and collection of that information represents your agreement to that transfer.  We do not keep any personally identifiable information collected from the user for any longer than is needed to fulfill the purpose of their collection.

Changes to our Privacy Policy

Our Privacy Policy may change from time to time.  All updates will be posted on this page. 

Cookies

We may use cookies on this Website.  A cookie is a piece of data stored on a site visitor’s device to help us improve your user experience on our Website and to analyze web traffic.  Please be aware that some of our business partners may use cookies on our Website (for example, advertisers). However, we have no access to or control over these cookies.  You can choose to accept or decline cookies but disabling cookies may prevent you from using certain features or services on our Website.

Google, as a third party vendor, uses cookies to serve ads on this Website.  Users may be able to opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy here: https://policies.google.com/technologies/ads.  We also use Google’s conversion tracking tool to help us understand what happens after you click on one of our ads, but you may be able to opt out of this tracking tool by changing your browser settings.  You can learn more about Google’s conversion tracking tool here: https://support.google.com/google-ads/answer/1722022?hl=en.  In addition, we use Google Analytics to analyze web traffic and use of our Website.  You may be able to opt out of Google Analytics tracking your behavior on our Website by following the instructions here: https://tools.google.com/dlpage/gaoptout/.  You can review Google’s Privacy Policy and learn more about disabling cookies here: https://policies.google.com/privacy.  

We also use Facebook Pixel to understand and track your use of our Website.  You may be able to opt out of Facebook Pixel tracking your behavior on our Website by adjusting the settings on your Facebook account here: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.  For more information on the privacy practices of Facebook, please review Facebook’s Data Policy here: https://www.facebook.com/about/privacy.

Do Not Track (DNT) Signals

We only have access to or collect information that you provide us through your use of the Website.  We do not track users over time and across third party websites.  Accordingly, this Website does not respond to Do Not Track (DNT) signals.

Sharing Information with Third Parties

Other than trusted third parties described below, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.  We do share your personally identifiable information with trusted third parties who assist us in operating our Website, processing your payments and orders, conducting our business, and servicing you, so long as those parties agree to keep this information confidential and use appropriate security measures to protect your data.  We may also disclose your information as required under applicable law, to enforce our Website policies, or to protect our or others’ rights, property, or safety.   

We may occasionally share aggregated demographic information with our partners and advertisers, but this information is not linked to any personal information that can identify any individual person.  We do use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. However, these companies do not retain, share, store or use personally identifiable information for any purposes other than to process your order.

Links

This Website contains links to other third party sites.  We are not responsible for the content or privacy practices of such other sites.  Once you click on such a link, you will have left our Website and should be aware that we do not have any control over third party websites.  Use of third party websites, and information collected by their parties, are governed by their privacy policies.  We encourage you to exercise caution and review their privacy policies before using their websites.

Terms of Use

Please also visit our Terms of Use page, which contains terms that also govern your use of this Website: barefootscientist.com/pages/terms-of-use.

Your Consent

By using our Website, you consent to the terms of this Privacy Policy.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy or data processing, if you would like to change or access the personal information we have collected from you, or if you would like to make a complaint, you may contact us using the information below.  You may also be able to refer a complaint to your local data protection regulator if you are not satisfied with the way we handled your complaint.

Mailing Address:        1925 Century Park E suite 1700, Los Angeles, CA 90067

Email Address:           support@barefootscientist.com

 
 

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