Wholesale Terms & Conditions
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY ONLY ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) AGREE TO THESE TERMS, (B) ARE OF LEGAL AGE UNDER APPLICABLE FEDERAL, STATE, AND LOCAL LAW TO (i) FORM A BINDING CONTRACT WITH ATHLETIC BREWING COMPANY LLC, (ii) ACCESS AND USE THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, AND (iii) ORDER OR OBTAIN THE GOODS AVAILABLE THROUGH THIS WEBSITE, AND (C) HAVE THE LEGAL AUTHORITY TO BIND ANY ORGANIZATION OR COMPANY THAT YOU ARE ORDERING ON BEHALF OF TO THESE TERMS .
These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://athleticbrewing.com (the “Site”) and are subject to change by Athletic Brewing Company LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site and will apply to all purchases and sales of products from the Site. You should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use, https://athleticbrewing.com/pages/terms-conditions, that apply generally to the use of our Site, along with our Privacy Policy and California Policy. You should also carefully review our Privacy Policy and our California Policy before placing an order for products through this Site (see 9).
2. Order Acceptance and Cancellation.
a. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders are subject to product availability and acceptance by us, and we may choose not to accept any orders or to limit quantities of orders in our sole discretion before we are obligated to sell the products to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Athletic Brewing Company LLC and you will not take place unless and until we have received full and final payment for the goods purchased through this Site. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting our Customer Service Department at info@athleticbrewing.com.
b. We reserve the right to limit or prohibit sales to anyone, at any time, in our sole discretion, including, without limitation, where such sales would violate the terms of our agreements with our distributors. We reserve the right to sell our products to you through any of our local distribution partners servicing your territory from time to time. We will endeavor to provide you advance notice of any change in the supplier of the products in your territory. Nothing contained in these Terms shall restrict us from selling the same or similar goods, or any other goods, to any third party, including, without limitation, any third party that may compete with you.
c. You represent and warrant that you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any.
3. Prices and Payment Terms.
a. All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All applicable taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
b. Terms of payment are within our sole discretion. You must pay the full order amount prior to shipment of any products, unless otherwise agreed in writing by us. Without waiving any of our other rights or remedies, we may refuse additional orders until all overdue amounts are paid in full. We accept credit card payment through Shop Pay and EFT Bank Transfer through Fintech PaymentSource for all purchases; provided, that prior to any payment via EFT Bank Transfer, your account must be approved and verified by Fintech PaymentSource. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, and (ii) you are the owner of, or duly authorized to use such credit card for the purchase.
4. Manufacturer Requirements and Recommendations.
a. Due to the perishable nature of the products, we require that retailers cycle inventory as quickly as possible and to dispose of any product over six (6) months of age.
b. The manufacturer’s suggested retail price (“MSRP”) for products purchased from the Site vary by retailer type, location and time. However, our MSRP for a single six-pack product is generally between $10.99 and $12.99, excluding promotions, discounts and taxes.
5. Shipments; Delivery; Title and Risk of Loss.
a. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. All orders are packed and shipped within 48 business hours of your order confirmation. Carrier shipping may take 2-7 business days or longer depending on the delivery location. This is determined by the carrier.
b. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. On-site staff is required to accept delivery at the delivery location. Any order of a size requiring delivery through FedEx Freight shipping (or other similar services) requires that you possess a loading dock or LTL receiving equipment and the ability to accept pallet sized shipments at the delivery location. You are required to insure the shipment of any product purchased from us on credit.
c. We cannot ship certain of our malt beverage products to customers located in certain states, including, without limitation, Georgia, Michigan, Mississippi, Kansas, Idaho, Nebraska, and South Carolina due to state regulations. We apologize for the inconvenience. However, we are able to ship DayPack sparkling water products to all such states.
d. We are not liable for any delays in shipments. Notwithstanding any other provision of this Section 5, we reserve the right to delay shipment of your order during periods of extremely hot or cold weather to protect the quality of our products. Such delays are most likely to occur during the summer months in Southwestern states and in winter months in Northern states. We will endeavor to notify you by your email address of record in the event of such delay.
6. Returns and Refunds. Due to the perishable nature of our beverage products, such products are non-returnable. To request a refund for damaged products purchased through this Site, please contact brewerydirect@athleticbrewing.com along with a picture of such damaged product. All requests for refunds must be made within 90 days of the date the order was placed for such products.
Refund requests for damaged products are processed within approximately one to three business days. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
7. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION.
a. Disclaimer.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR RESPONSIBILITY FOR DAMAGED PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY.
b. Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DAMAGED PRODUCT THAT DID NOT MEET YOUR ORDER SPECIFICATION, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, COST OF REPLACEMENT GOODS, ANY DIMINUTION IN VALUE, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, AND WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
c. Indemnification. You shall indemnify, defend, and hold harmless Athletic Brewing Company LLC and its affiliates, and their respective officers, directors, partners, managers, members, shareholders, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under these Terms and the cost of pursuing any insurance providers, incurred by the Indemnified Party (collectively, “Losses”), arising out of, in connection with or relating to any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity or otherwise (each a “Claim”): (i) alleging a breach or non-fulfillment of any representation, warranty, covenant or agreement of these Terms by you; (ii) alleging any negligent act, misfeasance, malfeasance or nonfeasance by you (including any recklessness or willful misconduct), whether or not such constitutes a breach of these Terms; (iii) alleging any bodily injury, death of any person or damage to real or tangible personal property caused by your acts or omissions; (iv) alleging that you breached any agreement with a third party as a result of or in connection with entering into or performing under these Terms; (v) pertaining to your storing, warehousing, sale and/or promotion and marketing of our products; (vi) of any third party that such third party has any right, claim or color of right granted or allowed by you to purchase, sell, market or distribute our products; (vii) pertaining to the conduct of your business; or (viii) alleging any violation of applicable law with respect to the purchase and sale of the products.
8. Goods for Limited Domestic Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States, including, without limitation, any laws applicable to the resale of products purchased through this Site to individuals under the age of 21. You represent and warrant that you are buying products from the Site for resale to end customers within the United States only and such products are not intended for export or for wholesale distribution anywhere in the world. Notwithstanding the foregoing, you are strictly prohibited from reselling the products in the states of Georgia, Michigan, Mississippi, Kansas, Idaho, Nebraska, and South Carolina, and in any other state, county, city, town, or municipality that prohibits the resale of the products. You further represent and warrant that the products purchased by you through this Site will not be transported across state lines between the time of delivery of the products to you and the time of resale by you to the end customer.
9. Privacy. We respect our customer’s privacy and are committed to protecting it. Our Privacy Policy, https://athleticbrewing.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site. California residents may have additional rights under our California Policy, https://athleticbrewing.com/pages/california-privacy-policy.
10. Force Majeure. We shall not be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) present or future government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) financial unrest or other international, national or regional emergencies; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) any act or omission of a third party; and (j) other events beyond our reasonable control.
11. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Connecticut.
12. Jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut, in each case located in Fairfield County, Connecticut. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Athletic Brewing Company LLC.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Athletic Brewing Company LLC, 75 Cascade Boulevard, Milford, CT 06460. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective upon delivery. Notices provided by registered or certified mail will be effective five business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
