Terms and Conditions
TERMS AND CONDITIONS
Welcome to Empire Distribution USA!
Empire Distribution USA is owned and operated by Empire Wholesale & Distribution Inc.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Empire Distribution USA. This includes the mobile and tablet versions as well as any other version of Empire Distribution USA accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM EMPIRE DISTRIBUTION USA.
1. ACCEPTANCE OF TERMS
By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately.
The services are not directed to persons under the age of 18. Empire Distribution USA does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the services on their own. If you are under the age of 18, please do not submit any personal information about yourself to Empire Distribution USA unless you have proper permission from the appropriate parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.
Empire Distribution USA may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. NOTIFICATIONS AND NEWSLETTER
By providing Empire Distribution USA with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.
3. EMPIRE DISTRIBUTION USA
Empire Distribution USA (Empire Wholesale & Distribution Inc.) is a wholesaler and distributor of toys, cosmetics, skin care, household items, groceries and more. We carry a wide range of brands and categories. Empire Distribution does not claim to be authorized distributors of any of the brands or merchandise we carry or offer unless specifically stated.
The vast majority of the merchandise we offer to customers is in stock and in our warehouse, however, we sometimes offer products that we do not carry or that are coming into our warehouse. Unless otherwise stated, Empire Distribution does not claim to have merchandise in stock. Empire Distribution will allow a reasonable period of time to process and ship all orders. This does not include any lead time that may be given to you via email, Telegram or verbally. Empire Distribution reserves the right to refuse or cancel any order placed by the customer for any reason.
Empire Distribution USA is a B2B wholesale website. Empire Distribution USA only sells to retailers and charities that have FEIN/Tax ID and can provide a seller's permit (if applicable). For the purpose of purchasing our wholesale products, users or prospective customers must register and complete all required fields during registration. All requests are reviewed within one business day and the response will be sent to the user's email address. Please note that no orders will be processed without user registration or a valid seller's permit.
By placing an order, you offer to purchase the products for the price advertised and indicated on the website at the time of placing the order. Please check the prices, features and variants of the products before placing the order.
Purchase orders, emails, verbal or Telegram messages are legally binding agreements to purchase merchandise. CANCELLATIONS ARE NOT PERMITTED. By placing an order, the buyer agrees and warrants that they are purchasing the merchandise and will ship payment within 2 business days unless there is a delivery time and it is mentioned on their invoice. Failure to pay may result in Empire Distribution taking legal advice from an attorney to pursue the funds, which you are obligated to pay. Buyer pays all litigation fees.
When a customer places an order, Empire Distribution USA will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order.
If a part of your transaction with Empire Distribution involves us bundling merchandise or preparing your order for Amazon FBA, the following charges will apply:
- $0.30 per FNSKU labeling,
- $0.50 for bundling/polyester bagging.
Not all orders are eligible for labeling or bundling services. Buyer must inquire and purchase such services when ordering.
Empire Distribution USA will not offer any supporting documents in addition to invoices for any issues on third party marketplaces, including Amazon. After confirmation, all sales will be considered final without any resolution. No cancellations are allowed after receipt of a purchase order or payment. Once Empire Distribution USA has a mutual agreement with a buyer that an order is considered finalized, either in writing or by verbal agreement, it CANNOT be cancelled and the order is non-refundable.
We reserve the right to limit the number of units purchased by each user. Empire Distribution USA also reserves the right to limit sales of our products on a regional or jurisdictional basis.
Empire Distribution USA may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
Important: Please note that the products available on this website are not intended for resale or export. By purchasing our products, you represent and warrant that all purchases are intended for final delivery to locations within the USA.
All prices, discounts and promotions published on this website are subject to change without notice. The price charged for a product or service will be the price advertised on this website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price will be clearly stated in the order confirmation email. Price increases will only apply to orders placed after the time of the increase. Published prices do not include taxes and shipping charges. Such taxes and charges will be added to the total price and will be detailed during checkout and in the order confirmation email. We strive to display accurate pricing information; however, we may occasionally make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders resulting from such occurrences.
Products will be paid through the following payment methods:
- Bank wire transfers (no fee)
- ACH transfers (no fee)
- Credit/debit card (limitations, exclusions and fees apply)
- Zelle (no fee)
Payment terms are at our sole discretion and, unless otherwise agreed in writing, all payments must be made within 1 business day of order confirmation.
With respect to credit/debit card payments, you represent and warrant that (i) the credit card information you provide to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) the charges you incur will be accepted by your credit card company, and (iv) you will pay the charges you incur at the published prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount indicated on the website at the time of your order. If you choose to make payments by credit card, you will be charged an administrative fee in the amount of three percent (3%) of the total charge. See Plastiq.com for more information.
The customer must pay the price stipulated in the order before the products are shipped. Payment will be charged through the payment method selected by the customer. Once a transaction is processed and the payment process is completed, we will send an electronic receipt of the purchase to the customer's email address.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Empire Distribution USA reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
7. PRODUCT DESCRIPTIONS
Empire Distribution USA attempts to be as accurate as possible. However, Empire Distribution USA does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user's device screen.
8. SHIPPING AND DELIVERY
Buyer assumes responsibility for all shipping or freight charges unless otherwise agreed in writing at the time the order is placed. We cannot be responsible for delays beyond our control, including but not limited to, weather or transit delays. Buyer is responsible for requesting or adding insurance to their own freight even if Empire Distribution schedules the shipment. Empire Distribution is not responsible for merchandise damaged in transit. Any problems with lost or damaged packages/pallets should be addressed directly with the carriers or insurance providers.
You are responsible for arranging for the shipment of the products you purchase through our services. Empire Distribution USA will provide the pick-up address once the order is placed. It is the customer's responsibility to pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss shall pass to the purchaser upon collection of the products. Shipping and delivery dates are estimates only and cannot be guaranteed. Empire Distribution USA is not responsible for delays in shipments.
If the buyer fails to provide shipping documents within one week of the scheduled delivery date, the unit(s) will be deemed abandoned and Empire Distribution USA may elect to dispose of it/them as appropriate based on inventory (e.g., by selling, recycling, donating or destroying it/them) and retain any proceeds we may receive from the disposal.
All orders must be picked up within 7 days of notification that they are ready to be shipped. It is the buyer's responsibility to make sure they are picked up from the facility. After 14 days, the buyer will be subject to pay a storage fee of $150.00 per pallet item per month. After 3 months, a long-term storage fee ($250.00/month per pallet item) will apply.
10. RETURNS AND REFUNDS
Please note that all wholesale product purchases are final and non-refundable. NO RETURNS ARE ALLOWED AT ANY TIME. Once an order is confirmed it cannot be cancelled, modified or exchanged. In the event of erroneous information during the transaction, it must be reported to Empire Distribution USA within 3 business days of receipt of the merchandise.
11. MANUFACTURER'S WARRANTY AND DISCLAIMER.
(a) We do not manufacture or control any of the products or services offered on our website. The availability of products or services through our website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our website. However, products and services offered on our website may not be covered by the manufacturer's warranty as detailed in the product description on our website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
(b) All products and services offered on this site are provided "as is" without warranty of any kind, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of the intellectual property rights of a third party; whether express or implied by statute, course of dealing, course of performance, usage of trade, or otherwise.
(c) Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the foregoing disclaimer of liability may not apply to you.
(d) You affirm that we will not be liable, under any circumstances, for any claim for breach of warranty or for any damages arising from failure of manufacturer to fulfill its warranty obligations to you.
Please note that we cannot be responsible for any items that are restricted for sale on Amazon, restricted for shipment to FBA or restricted on any other marketplace. It is the buyer's responsibility to ensure before purchasing that they are eligible to sell these products. We do not claim to be authorized resellers or distributors of any of the brands we offer unless otherwise stated. Items may or may not be purchased from manufacturers, distributors, wholesalers, liquidations or liquidation companies. We do not claim any intellectual property. All copyrights and intellectual properties belong to their respective owners. We also cannot be responsible for any items that are or become restricted after the sale. This includes, but is not limited to, trademarks, categories, subcategories, PPE, hazardous materials, IP claims, pesticides, limited storage, flammables, policy changes, listing closures, etc. We are not responsible for Amazon or brand issues. We are not responsible for nor can we manage price fluctuations within Amazon or any other marketplace. Any MAP price restrictions will be notified to buyers prior to payment.
By accessing the website and the content available on the website (news), you accept personal responsibility for the results of using the information available on the content. You agree that Empire Distribution USA has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Empire Distribution USA provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
All materials on Empire Distribution USA, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Empire Distribution USA or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Empire Distribution USA are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Empire Distribution USA prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Empire Distribution USA or any part of the material for any purpose other than its intended purposes is strictly prohibited.
14. COPYRIGHT INFRINGEMENT (DMCA)
Empire Distribution USA will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Empire Distribution USA respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Empire Distribution USA can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
15. CONFIDENTIAL INFORMATION
Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Empire Distribution USA will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Empire Distribution USA may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorized use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.
16. PERSONAL DATA
17. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Empire Distribution USA or licensed by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Empire Distribution USA in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
- Download any content unless it’s expressly made available for download by Empire Distribution USA.
18. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Empire Distribution USA provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Empire Distribution USA for any loss or damage caused as a result.
Empire Distribution USA shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Empire Distribution USA excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Empire Distribution USA and Empire Distribution USA shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Empire Distribution USA.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
19. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Empire Distribution USA for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Empire Distribution USA from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the services.
21. CHANGES AND TERMINATION
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Empire Distribution USA without restriction.
23. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Empire Distribution USA as a result of these terms or your use of the services.
24. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Empire Distribution USA, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Empire Distribution USA may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of the United States, specifically the courts located in the State of California, shall have jurisdiction over any dispute, controversy or claim relating to Empire Distribution USA and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of California.
26. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
27. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms, our chat or by using the contact information below:
Empire Wholesale & Distribution Inc - Empire Distribution USA.