TERMS AND CONDITIONS OF USE:
Effective Date: Jan 1, 2025
Last Updated: Jan 1, 2025
Reserve A Wholesale (“Company,” “we,” “us,” or “our”), a California-based limited liability company, operates the website https://reserveawholesale.com (the “Site”). These Terms and Conditions (“Terms”) govern your access to and use of the Site and our wholesale tobacco and vape products (collectively, the “Services”). By accessing or using the Site, you (“Client,” “you,” or “your”) agree to comply with these Terms. Discontinue use immediately if you disagree with any provision.
1. DEFINITIONS
- “Agreement”: These Terms, the Privacy Policy, and all incorporated documents.
- “Client”: Any business entity or individual purchasing wholesale goods via the Site.
- “Products”: Tobacco, vape, and related items sold by Reserve A Wholesale.
2. ELIGIBILITY & COMPLIANCE
Age and Licensing Requirements
- Minimum Age: You affirm that you (i) are at least 21 years of age, (ii) possess a valid California tobacco retailer’s license(California Business and Professions Code § 22972), and (iii) comply with all federal, state, and local laws, including California’s STAKE Act (Health and Safety Code § 104495).
- Verification: We reserve the right to request proof of age or licensure prior to fulfilling orders.
Prohibited Conduct
You agree not to:
- Resell Products to minors or in violation of FDA regulations or California law.
- Use the Site for unlawful activities, including unlicensed tobacco/vape sales.
3. INTELLECTUAL PROPERTY
- Ownership: All Site content (logos, text, images) is owned by Reserve A LLC or licensors and protected under U.S. and California law.
- Restrictions:
- Do not republish, redistribute, or reverse-engineer Site content.
- Do not use Reserve A’s trademarks without a written agreement.
4. USER-GENERATED CONTENT
- Contributions: User-submitted content must not violate California false advertising laws (Business and Professions Code § 17500) or promote illegal activity.
- Removal: We may remove content deemed harmful, fraudulent, or non-compliant with tobacco advertising laws.
5. PAYMENT & ORDERS
Pricing and Taxes
- Taxes: Prices exclude California sales/use taxes (Revenue and Taxation Code § 6051). Provide a valid resale certificate to exempt taxes.
- Automatic Renewals (If Applicable): For subscriptions, you authorize recurring charges. Cancel at least 3 business days before the next cycle (CA B&P Code § 17602).
Returns
- Defective Products: No returns accepted.
- No Returns for age-restricted Products post-delivery.
6. LIMITATION OF LIABILITY
- Disclaimer: Products are “as-is.” We disclaim all warranties except those required by California law.
- Cap on Liability: Our liability for claims shall not exceed the amount paid by you in the 12 months preceding the claim.
- Exceptions:
- Liability for gross negligence, willful misconduct, or violations of the California Consumer Legal Remedies Act (CLRA).
- Liability for death, personal injury, or fraud.
7. HYPERLINKING & THIRD-PARTY SITES
- Permitted Linking: Government agencies and accredited businesses may link to our Site if links are non-deceptive.
- Framing: No framing without prior written consent.
8. INDEMNIFICATION
You agree to defend and indemnify us against claims arising from:
- Breach of these Terms.
- Violations of California tobacco laws (e.g., sales to minors).
- Misrepresentation of licensing status.
9. GOVERNING LAW & DISPUTES
- Jurisdiction: Governed by California law. Disputes filed in Fresno County, CA courts.
- Arbitration: Claims under $10,000 resolved by binding arbitration under the California Arbitration Act (Code of Civil Procedure § 1280). Class actions waived, except for claims under CLRA or FAL.
10. PROPOSITION 65 WARNING
Products sold on this Site contain chemicals known to the State of California to cause cancer, birth defects, or reproductive harm. For details, visit www.P65Warnings.ca.gov.
11. MODIFICATIONS
We may update these Terms at any time. Continued use constitutes acceptance.
12. CONTACT & COMPLIANCE
For questions, data deletion requests (CCPA), or licensing verification:
Reserve A Wholesale
4780 W Jennifer Ave, Fresno, CA 93722
(559) 513-7028