Wholesale Birdfeeders

Terms and Conditions for Sunrise Wholesale Merchandise, LLC ("Terms")

Last updated: October 15, 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.sunrisewholesalemerchandise.com website (the "Service") operated by Sunrise Wholesale Merchandise, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description, image, or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Recurring Billing for Membership

I understand my Wholesale Membership will automatically renew monthly/yearly and I will be charged on a recurring basis. I understand that I can cancel at any time, but in order to avoid being charged for another billing cycle, I must cancel my membership subscription BEFORE I am billed for my next cycle, and that no refunds will be given for charges already billed.

Order Cancellations

Once orders are placed or submitted to us, via our website, API, via telephone or any other method, they cannot be cancelled. In the event you wish to cancel an order you have already placed, you may request cancellation by contacting us. We will make every effort to cancel your order, however cancellation is not guaranteed and in most cases orders cannot be cancelled, even if the order has not already shipped.

Once an order has shipped, you may ask us to request an intercept from the shipping carrier. Not all carriers offer an intercept option and carriers that offer an intercept option do not offer it on all shipping methods (for example, FedEx does not offer intercepts for orders shipped via Smart Post shipping method). Intercept requests are not always successful and often are not successful. There is an intercept fee of $12.35 PER box which is only applied if the intercept is successful. By requesting an intercept, you accept responsibility for the intercept fee(s) associated with your order, in addition to the 20% restocking fee. Original shipping charges are not refunded for intercepted orders.

Returns, Refunds

Returns will incur a 20% restocking fee. All returns must be authorized. Authorized returns will be issued an Return Authorization (RA) or Return Merchandise Authorization (RMA) number. Failure to request Return Authorization may result in the rejection of your return. Original shipping charges are not refunded. Return shipping charges are the responsibility of the customer. Refunds will be issued as "Merchandise Credit" or "Account Credit" which can be used towards a future purchase, unless otherwise requested.

Refused orders will incur a 20% restocking fee plus return shipping charges. Original shipping charges are not refunded on refused orders.

Orders returned to us by the carrier for insufficient address, incorrect address, inability to deliver, or for any other reason will incur a 20% restocking fee plus return shipping charges. Original shipping charges are not refunded on orders returned by the carrier.

Orders you Receive from Customers

If you are selling our products online, you may receive orders from customers through a website you created, online marketplaces (such as ebay or Amazon), a website that we or a partner created for you, or in any other number of ways. You are solely responsible for verifying the authenticity of those orders before placing them with us. We are not responsible for assessing the validity of any orders that you submit to us for fulfillment. You are required to perform your own due diligence to ensure that orders you submit to us are not fraudulent. It does not matter if the orders come to us in any automated way, such as through our API, or our integrations with the Amazon or ebay marketplace, Bigcommerce or Shopify, or any others. You accept sole responsibility for the orders you submit to us or that are submitted to us on your behalf.

In the event that you should try to dispute a payment for an order you submitted to us (such as by initiating a chargeback with your credit card company) we will aggressively pursue collection options. The costs associated with collecting those funds will be passed on to you.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Business Licenses, Sales Tax Collection, Taxes

It is your responsibility to obtain the proper business license(s) for the type of business you own or operate or plan to operate. If you plan to resell our products online or anywhere, please contact the appropriate local, state and/or federal agencies for requirements for your business.

You may be required to collect sales tax on certain orders. Please consult your state sales tax agency for more information.

You may be required to pay taxes on your business operations. Please consult the IRS, a tax attorney, or a qualified accountant for more information on your tax obligations.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sunrise Wholesale Merchandise, LLC.

Sunrise Wholesale Merchandise, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Sunrise Wholesale Merchandise, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you must do so from our website at http://www.sunrisewholesalemerchandise.com according to the instructions provided in the Frequently Asked Questions (FAQs) inside the member's only website. There are no refunds for membership fees or subscription fees that have already been paid.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Sunrise Wholesale Merchandise, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Sunrise Wholesale Merchandise, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Sunrise Wholesale Merchandise, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.