BULK ORDER TERMS & CONDITIONS
Last Updated: May 1, 2020
THESE BULK ORDER TERMS & CONDITIONS (“BULK TERMS”) GOVERN THE PURCHASING OF ANY Hidrate Spark smart water bottle device (“Device”) IN BULK FROM Hidrate Inc. (“Hidrate,” “we,” “us,” or “our”) VIA THE WEBSITE LOCATED AT: https://hidratespark.com (“SITE”). PLEASE READ THESE BULK TERMS CAREFULLY BEFORE MAKING A PURCHASE. THESE BULK TERMS APPLY TO YOUR BULK PURCHASES OF DEVICES MADE THROUGH THE SITE.
Please read our Terms of Service located at https://hidratespark.com/pages/terms-of-service (“Terms of Service”). The Terms of Service governs your (and all end users’) rights and obligations related to your purchase, access to and use of the Site and Service (each as defined in the Terms of Service) and all terms in the Terms of Service apply with respect to bulk purchases, including, without limitation, the disclaimers, limitation of liability, indemnification and arbitration provisions. In the event of any conflict between these Bulk Terms and the Terms of Service, these Bulk Terms will apply, but solely with respect to any bulk purchase made via the Site. Your end users’ use of the App (as defined in the Terms of Service) is subject to the Terms of Service.
PLEASE READ THESE BULK TERMS CAREFULLY. BY SUBMITTING AN APPLICATION OR MAKING A PURCHASE VIA THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE BULK TERMS, AND YOU HAVE THE AUTHORITY TO ENTER INTO THE BULK TERMS ON BEHALF OF YOURSELF THE COMPANY YOU REPRESENT, AND TO BIND THAT COMPANY TO THE BULK TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE BULK TERMS, DO NOT SUBMIT AN APPLICATION OR MAKE ANY PURCHASES VIA THE SITE.
Hidrate reserves the right to change, modify, add or remove all or part of these Bulk Terms at any time and in our sole discretion. If we make changes to these Bulk Terms, we will provide notice of such changes by posting such changes on the Site and updating the “Last Updated” date at the top of these Bulk Terms. You should review these Bulk Terms each time you make a bulk purchase from Hidrate to ensure you understand the most recent terms and conditions that apply to such bulk purchase. Your bulk purchase of any Devices indicates your acceptance of any changes to the Bulk Terms.
Subject to an approved application, Devices will be available for you to purchase, in bulk, on behalf of yourself or for your company. In order to enroll, you will first need to complete an application via the Site. During the application process, you will be asked to provide us with information about you and your business, if applicable. You represent and warrant that all information you submit is complete and accurate and that you will maintain the accuracy and completeness of such information. Hidrate will then review your application for approval.
Once your application is approved, you will have access to our bulk order system and can make bulk purchases in accordance with these Bulk Terms and our Terms of Service. Please note, all purchases are subject to review at any time in our sole discretion and we reserve the right to reject or cancel an order at any time in our sole discretion. All orders are subject to the acceptance of Hidrate and are non refundable.
You may need to setup a username and password for your account. You represent and warrant that you will keep any usernames and passwords confidential at all times and that you will not disclose any usernames or passwords to any third parties. You agree to immediately notify Hidrate of any unauthorized use, or suspected unauthorized use of your account or any other breach of security.
General Requirements and Restrictions
If purchasing on behalf of a company, the company must be a valid and legally existing business that is organized and existing in good standing under the laws of the state in which it is organized and you must be authorized to bind the company to any purchases. You may only purchase Devices, in bulk, for personal use (i.e., for special events, reunions, weddings) or, if you are purchasing on behalf of a company, for redistribution to end users (i.e., your employees or clients).
Hidrate may reject your application and refuse access to or use of your account, at any time, in its sole discretion. If your account is deactivated by us, you, or anyone acting under your discretion, is/are strictly prohibited from using the Site.
Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of or any discounts applicable to your purchase until you place a bulk order. Bulk orders are subject to a minimum order of 12. Unless otherwise noted on the Site at the time of your Order, all prices exclude shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. Shipping and handling, and sales tax, will be invoiced when order is processed. Hidrate reserves the right to run promotions at any time, however these promotions are limited to the primary HidrateSpark products and are not eligible for wholesale products listings or direct to consumer orders over 11 bottles.
Full pre-payment by credit card is required to complete the bulk order. Wire transfer payments may be accepted for large orders. Accounts will be emailed a receipt once the order is paid, which will indicate that the warehouse is processing/packing the order to prepare for shipment. Processing time is 5-7 business days, but can vary per order. All sales are final and refunds will not be permitted for any reason.
Hidrate is currently only accepting U.S. orders. U.S. orders ship via UPS Ground. Please provide any special shipping instructions or guidelines at the time the order is placed. You are responsible for filing damage claims with the carrier if the goods are damaged in transit.
You may request custom branding for Devices purchased via the Site. Hidrate reserves the right to approve or deny any customization to Devices. You may request potential customization of Devices by: emailing email@example.com. If you are purchasing a bulk order of Devices for customization through an entity other than Hidrate, you will provide Hidrate with the opportunity to approve any customization of the Devices prior to the production of such customized Devices. For more information contact firstname.lastname@example.org. You will not otherwise modify the Devices purchased via the Site in any way, including, without limitation, by adding decals, logos, artwork, or other decorations, without the prior written consent of Hidrate.
You agree that you will not manufacture, purchase, distribute, advertise, promote, display, offer for sale, or sell any bottle that competes with, is an imitation or counterfeit of, or is otherwise confusingly similar to, any Device while you maintain an active account with Hidrate or otherwise advertises, promotes, offers for sale, or sells Devices. You agree not to purchase Devices from any source other than from Hidrate.
You agree not to promote, display, or otherwise use any Devices in any way which would create or imply an association between Hidrate and you or any other company, entity, individual, cause or campaign, or otherwise imply that Hidrate sponsors, approves of, or is somehow connected to any of the foregoing.
PURPOSE FOR USE
You represent that the "Purpose For Use" as stated in your application for a given order is complete and accurate, and you agree that it will not use any Devices purchased pursuant to such order for any other purpose without express written consent of Hidrate. You may not (i) resell Devices purchased via the Site to any third-party reseller, distributor or discount company or (ii) resell Devices online, in each case, except with express written consent of Hidrate. This includes website(s), Amazon.com, eBay.com or any other online marketplace. You may not purchase Devices to be sold as a gift with another product. Devices may only be sold at authorized locations approved in writing by Hidrate. Devices may only be sold to ultimate end-consumers; but not third-party distributors, unauthorized retail dealers or unauthorized locations.