Olivaylle Pty Ltd: Olivaylle Pty Ltd


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If you are a specialty retailer and would like to offer OliVaylle Olive Nectar for sale, please fill out the form below. After your information has been verified, we will send you a confirmation email. Click the link in the email to complete your registration and access the site. If you have questions, please contact our customer service department at 877-816-6932. Thank you for your interest in OliVaylle!

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The following terms and conditions (“Terms”) govern the use by you (“Buyer”) of www.olivaylle.com and its sub-domains, including all electronic commerce features thereof (collectively, this “Site”) as well as any purchase or return of any product (“Product”) manufactured or distributed by OliVaylle Pty., Ltd. or its affiliated companies (collectively, “OliVaylle”) through this Site. By using, registering, or placing an order on this Site, Buyer is indicating Buyer’s acceptance of these Terms. These Terms shall supplement any subsequent terms or conditions included with any order acknowledgment or shipping confirmation, whether or not such terms or conditions are signed by OliVaylle. OliVaylle reserves the right to make changes to these Terms at any time without notice to Buyer. As Buyer will be bound by any changes to these Terms as of posting, Buyer should check this page periodically to make sure Buyer has read and understands the most up-to-date. The complete agreement between OliVaylle and Buyer is contained herein and in such other document(s) agreed to in writing by OliVaylle and Buyer (collectively, the “Contract”).
1. ACCOUNTS:
If Buyer registers on this Site, OliVaylle will establish an account for Buyer and Buyer will be required to create a user name and password. Buyer agrees that Buyer will not misuse or abuse account access and passwords. Buyer also agrees that only Buyer will use Buyer’s account and that Buyer will take all reasonable precautions to protect Buyer’s account against unauthorized use. Buyer will be fully responsible for any activity on Buyer’s account, whether authorized or unauthorized.
2. CAPACITY TO CONTRACT: If Buyer is an individual, Buyer represents to OliVaylle that Buyer is of the legal age of majority in the country, state or province of Buyer’s residence. If Buyer is an entity, Buyer represents to OliVaylle that Buyer the user is duly authorized to perform under this Contract.
3. PERSONAL DATA: Whether Buyer is registering on this Site or ordering a Product on this Site, Buyer must provide true, accurate and complete information about Buyer as prompted by the registration/order/return form, including without limitation, Buyer’s name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, “Personal Data”). Buyer must maintain and promptly update Buyer’s Personal Data to keep it true, accurate, current and complete. If OliVaylle has reasonable grounds to suspect that any part of Buyer’s Personal Data is untrue, inaccurate or incomplete, OliVaylle has the right to suspend or terminate Buyer’s membership or purchase/return order. Buyer acknowledges that OliVaylle may send Buyer important information and notices regarding Buyer’s membership or purchase/return by e-mail, and that OliVaylle shall have no liability associated with or arising from Buyer’s failure to maintain accurate Personal Data.
4. PRIVACY POLICY:
OliVaylle respects Buyer’s privacy and does not sell any Personal Data collected on this Site. OliVaylle also does not share Personal Data with any other organizations not directly affiliated with OliVaylle, except that OliVaylle may share Personal Data to certain parties for the purpose of credit assessment. This Site tracks information about the visits to this Site through various methods, including the use of cookies. These statistics are used internally to better provide services to the public and are not sold or provided to other organizations.
OliVaylle uses Buyer’s IP address to help diagnose problems with OliVaylle’s servers, and to administer this Site.
Buyer’s IP address is used to help identify Buyer. This Site may contain links to other Web sites.
This Site is not responsible for the privacy practices or the content of such Web sites. This Site has security measures in place to protect the loss, misuse and alteration of the any Personal Data under OliVaylle’s control. This Site provides users the opportunity to opt-out of receiving communications from OliVaylle at the point where OliVaylle requests information about the visitor. If Buyer has any questions about this privacy statement or the privacy practices of this Site, please contact:privacy@olivaylle.com.
5. TYPOGRAPHICAL ERRORS:
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error, or error in pricing or Product information, OliVaylle shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. OliVaylle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Buyer’s credit/debit card has been charged. If Buyer’s credit/debit card has already been charged for the purchase and Buyer’s order is canceled, OliVaylle shall immediately issue a credit to Buyer’s credit/debit card account in the amount of the charge.
6. FEEDBACK:
OliVaylle welcomes all comments, feedback, information or materials, which Buyer submits to OliVaylle through or in conjunction with Buyer’s use of any of the membership features or order/return features available on this Site ("Feedback"). Please note that Buyer’s Feedback shall be considered non-confidential and become OliVaylle’s property. By submitting Buyer’s Feedback to OliVaylle, Buyer agrees to a no charge assignment to OliVaylle of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to Buyer’s Feedback. OliVaylle shall be free to use Buyer’s Feedback on an unrestricted basis.
7. PRODUCT AVAILABILITY: Although availability may be indicated on this Site, OliVaylle cannot guarantee Product availability and Products may not be available for immediate delivery. OliVaylle reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products or to cancel any order.
8. ORDER ACCEPTANCE:
OliVaylle’s offers on this Site represent a non-binding invitation to Buyer in the continental United States to order goods from OliVaylle. OliVaylle will only accept purchase orders from Buyers which are residents of or have an office located within the continental United States. Buyer’s receipt of an electronic or other form of order confirmation does not signify OliVaylle’s acceptance of Buyer’s order, nor does it constitute confirmation of the order or OliVaylle’s offer to sell. OliVaylle reserves the right, without prior notification, to accept or decline Buyer’s order or limit the order quantity for any reason.
9. PAYMENT:
Payment must be made to OliVaylle’s account immediately and in full upon receipt of the order confirmation; otherwise the goods will not be prepared for shipping. Terms of payment shall be determined in OliVaylle’s discretion and as otherwise agreed to by OliVaylle. Payment shall be made by a credit/debit card or some other pre-arranged method of payment acceptable to OliVaylle. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and OliVaylle shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Each delivery of Product is a separate and independent transaction, and payment for each delivery shall be made accordingly. All payments are to be made in full and are not subject to set-off, recoupment, abatement, counter-claim or any other adjustment.
10. PRICES, SHIPPING AND HANDLING CHARGES: All prices quoted by OliVaylle are valid only for customers and delivery addresses within the continental United States. If this Site is updated, all previously quoted prices and other information on goods and services becomes invalid, provided that prices shall not change for an order once it has been made and an order confirmation has been sent. Prices do not include sales, use, excise, or other similar taxes or governmental charges, and all such present and future taxes and charges will be paid by Buyer. Unless otherwise noted, shipping, handling, customs, duties and taxes (as applicable) will be shown as additional charges on the invoice.
11. SALES AND OTHER TAXES:
OliVaylle is obligated to withhold sales tax for delivery within certain states of the United States and all such taxes shall be automatically charged and withheld.
12. TERMINATION OF USAGE: OliVaylle may terminate or suspend Buyer’s membership or Buyer’s access to or use of any ordering or return features of this Site, without notice, for any conduct that OliVaylle believes is disruptive to this Site or is in violation of any applicable law or these Terms.
13. DELIVERY: Delivery to Buyer of Product, and corresponding transfer of title and of all risk of loss, shall occur upon OliVaylle’s loading of Product onto Buyer’s carrier at OliVaylle’s distribution center in Rogers, MN or another mutually designated facility (the “Delivery Point”). Delivery dates, where stated, are approximate.
14. DAMAGE IN TRANSIT: If goods are delivered with obvious damage to the packaging or contents, Buyer must, notwithstanding Buyer’s warranty rights, immediately lodge a complaint with the shipping agent or freight forwarding service and refuse to accept delivery. Buyer must also contact OliVaylle immediately so that OliVaylle may assert its rights, if any, vis-à-vis the shipping agent or freight forwarding service. Hidden defects must—again notwithstanding any warranty rights—be reported to OliVaylle immediately on detection, so that any warranty claims against upstream suppliers can be asserted.
15. MERCHANT PURCHASES FOR RESALE: If Buyer is purchasing a Product under OliVaylle’s “Merchant Program” for resale, such Buyer additionally agrees as follows:
a. Minimum/Maximum Orders.
Buyer shall purchase the Products by the case (12 bottles per case) and shall not order more than 12 cases in any six-month period, unless expressly approved by OliVaylle.
b. Pricing.
Buyer shall price the Products for sale at the suggested retail price provided by OliVaylle.
c. Reservation of Proprietary Rights: The Products ordered remain OliVaylle’s property until full and final payment is received and delivery is made. No pledging, assignment as collateral, processing, assembly, or other utilization of the Products without OliVaylle’s explicit consent is permitted before transfer of ownership.
d. The Products may be sold as part of another package. It can also be sold as a stand-alone product.
e. Advertising.
Buyer shall, at its own expense, advertise and promote the Products.
f. Intellectual Property.
Buyer shall promote and sell the Products only under such trademarks, copy rights, brand names and product names as directed by OliVaylle (together, the "Trademarks").
Buyer shall use the Trademarks only such fashion as has been expressly authorized by the OliVaylle.
g. Termination. In addition to termination rights provided elsewhere in these Terms, OliVaylle may immediately terminate this Contract and/or the resale rights granted in this Section 15 in the event Buyer shall have failed to fulfill or perform any one or more of the duties or obligations pursuant to this Section 15.
16. EXCUSED NON-PERFORMANCE:
(a) OliVaylle shall not be liable for breach of any obligation directly or indirectly attributable to circumstances beyond OliVaylle’s reasonable control. Such circumstances include, but are not limited to, acts of God, acts of Buyer, war, riots, accident, fires, explosions, floods, sabotage, terrorism, governmental laws, regulations, orders or action, national defense or security requirements, acts or failure to act of its suppliers or other third parties, natural disaster, weather conditions, or shortages of or inability to obtain (as and when required and upon OliVaylle’s usual terms and from its usual sources of supply) suitable or sufficient energy, labor, machinery, facilities, raw materials, transportation, supplies or other resources or services. Labor difficulties, strike, lockout or injunction shall be conclusively presumed to be beyond OliVaylle’s reasonable control, and accordingly within the meaning and intent of this Section 16. All or some of the quantities of Product deliverable under this Contract, or other performance by, OliVaylle that is affected by this Section 16 may, in the sole and absolute discretion of OliVaylle, be eliminated and/or suspended from the operation of this Contract (with the elimination and/or suspension of Buyer’s corresponding obligations), but such Contract shall remain otherwise unaffected.
(b) In the event of inability for any reason to supply the quantity of Product stated in this Contract, OliVaylle may, without any liability, allocate its available supply among any or all purchasers, as well as itself and its affiliates, in any manner it chooses.
(c) OliVaylle shall have the right, without any liability, to discontinue all or any of its performance obligations under this Contract if, in its sole and exclusive good faith opinion, the manufacture, export, import, sale and/or use of the Product, or of any related component or process, by it or any of its affiliates may infringe any patent or intellectual property right.
17. WARRANTY: OLIVAYLLE MAKES NO WARRANTY OF, AND SHALL HAVE NO LIABILITY FOR, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF OLIVAYLLE IS AWARE OF SUCH PURPOSE) OR OTHERWISE WITH RESPECT TO THIS SITE OR ANY PRODUCTS SOLD HEREUNDER. NO OTHER WARRANTY OR LIABILITY, EXPRESS OR IMPLIED, AND WHETHER ARISING BY OPERATION OF LAW OR CUSTOM, SHALL APPLY. Buyer agrees to inspect the Product immediately upon such delivery and to give notice in writing to OliVaylle of any claim within thirty (30) days of such delivery. Failure to give notice in writing as aforesaid within the specified time constitutes an unqualified acceptance of the Product and a waiver of all claims with respect thereto. Your use of this Site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the Site.
OliVaylle makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the Site.
18. LIMITATION OF LIABILITY. OliVaylle's liability under this Contract shall be limited to the purchase price of the Product supplied (or to have been supplied) hereunder in respect of which damages are claimed. All advice by OliVaylle, whether or not at Buyer’s request, with respect to the Product, its processing, other use or resale or otherwise, is given gratis by OliVaylle and OliVaylle shall not be liable for, and Buyer assumes all risk of, such advice and the results thereof. OTHER THAN AS SET FORTH IN THIS SECTION 18,IN NO EVENT SHALL OLIVAYLLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RELATING TO THIS SITE OR ANY PRODUCT SOLD HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Upon satisfactory proof of claim by Buyer, and as Buyer’s exclusive remedy, OliVaylle will, within a reasonable time, supply Buyer with replacement Product of the same or equivalent type, free of charge, freight prepaid or, at OliVaylle's option, refund the purchase price for the Product upon return of the Product or other delivered material, or the unused portion thereof. Buyer charges for replacements and returns for credit will not be allowed unless authorized by OliVaylle in writing.
EXCEPT AS PROVICED IN THE IMMEDIATELY PRECEDING SENTENCE, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ANY PRODUCT PURCHASED HEREUNDER OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OLIVAYLLE’S LIABILITY OR YOUR REMEDIES.
19. INDEMNIFICATION: You agree to indemnify and hold OliVaylle, its officers, principals, employees, agents, consultants, and information providers harmless from and against all claims, actions, demands, losses, expenses, damages and costs, including but not limited to reasonable attorney's fees and accounting fees resulting from, or alleged to have resulted from, your violation of these Terms.
20. CONFIDENTIAL INFORMATION: All designs, formulas, data, or other technical information of OliVaylle or any of its affiliates relating to this Contract will remain OliVaylle's or its affiliates’ confidential property, and Buyer shall not have any rights thereto, nor any rights to disclose such items or information to any third party. Nothing in this Contract shall be construed (by implication, estoppel or otherwise) as granting, or as an undertaking by OliVaylle to subsequently grant, to Buyer any license, right, title or interest in or to any present or future patent, patent application, know-how, copyright, trademark, trade secret or other proprietary right.
21. GENERAL PROVISIONS: You agree that OliVaylle and its licensors may make improvements and/or changes to the Site at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of OliVaylle to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OliVaylle in writing. The Terms are personal to you and you may not transfer, assign, or delegate these Terms to anyone without the express written permission of OliVaylle. Any attempt by you to assign, transfer, or delegate these Terms without the express written permission of OliVaylle shall be null and void. These Terms will inure to the benefit of OliVaylle 's successors, assigns, and licensors. The paragraph headings in these Terms, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. New Jersey law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms. You agree to submit to the jurisdiction of the courts located in Essex County, in the State of New Jersey, for the resolution of all disputes arising from or related to these Terms, the Product and/or your use of the Site.

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Retail Accounts- Buy Wholesale · Customer- Buy Direct

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