These Terms of Sale describe the terms and conditions under which WLS Distribution sells its Products to its Customers.

  1. Defined Words and Phrases

Whenever used in this Agreement, these words and phrases will mean: 

WLS Distribution—WLS Distribution, LLC, a New York limited liability company. WLS Distribution may also be referred to in this Agreement as “we” or “us” or “our.”

WLS Distribution Products—collection of Products manufactured by others that WLS Distribution sells to its Customers. WLS Distribution Products may also be referred to as “Product” or “Our Product.”

Agreement—all terms, conditions, and policies contained in this Agreement, as we may modify it periodically in the future. Agreement may also be referred to as “Terms of Sale.”

Customer—a person who is a Customer or prospective Customer of WLS Distribution.

Other defined words and phrases may be located elsewhere in this Agreement. 

  1. Acceptance of Our Terms of Sale. By placing an order with us for a Product, you are agreeing to Our Terms of Sale and the following terms, conditions, and policies, including any future amendments we may make (Agreement).
  2. Our Products. We provide quality, major-brand-name personal-care products to our Customers through an auto-delivery system of those personal-care products made by they regularly use.
  3. Payment Methods Accepted. Customers may submit their payments to us by one of several electronic methods, including by credit card and through PayPal or Google Pay.
  4. Cancellations and Returns
    1. Returns. In our discretion, we will allow a Customer to return a Product within 30 days of his purchase on a case-by-case basis. Our decision on whether to allow a Customer to return or not return a Product will be influenced by many factors, including such things as whether:
      1. Manufacturer’s date has expired; 
      2. Product is unopened, in its original packaging, has not been tampered with and is in a resalable condition; 
      3. Customer furnishing us a photographic image, manufacturer’s lot number and manufacturing date or other information to support his return request; and 
      4. Our ability to sell the returned Product to another Customer. 
    2. Cancellation of Order. A Customer may cancel his order after he has placed it, but before we have begun processing his order.
  5. Our Website
    1. Our Privacy Policy. You will find our current Privacy Policy in our Website footer.
    2. Website Malfunctions. We are not responsible for any technical and software glitches that may occur through our website. Our Customers assume all risks of using and relying on information found on our website as specified in our Terms of Use, including the payment of any amounts due that may have been erroneously noted as “paid.”
  6. Our Intellectual Property
    1. Ownership of Our Intellectual Property. WLS Distribution owns, controls and licenses all designs, graphics, photographs, trademarks, Service marks and logos (collectively, “WLS Distribution Intellectual Property” or “Our Intellectual Property”).
    2. Our Intellectual Property Rights. Our Intellectual Property is protected by copyright, and trademark laws, and various other intellectual property laws and rights in the U.S. and foreign countries. We reserve all rights.
    3. No IP Ownership Transfer. No right, title or interest in Our Intellectual Property is transferred to you or granted under a license, except as we have expressly stated.
  7. Limited Warranty
    1. Limited Warranty. WLS Distribution does not manufacture any products it sells to its Customers. We sell Products that others manufacture. Consequently, we can only warrant that the manufacturer’s date on the Customer’s Product is current and has not expired on the date you receive it and your Product will arrive undamaged, in a useable condition. Our Customer must inspect our Product on receipt for the manufacturer’s expiration date and for any damage that may have occurred during shipment.  IF YOU DISCOVER THAT THE MANUFACTURER’S DATE ON OUR PRODUCT YOU RECEIVED HAS EXPIRED ON THE DATE YOU RECEIVE IT OR HAS BEEN DAMAGED DURING SHIPMENT, YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF OUR LIMITED WARRANTY WILL BE AS SPECIFIED BELOW. 
    2. Your Exclusive Warranty Remedies. OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY WILL BE, AT OUR OPTION, EITHER OUR REFUND OF THE PURCHASE PRICE YOU PAID OR OUR REPLACEMENT OF THE PRODUCT YOU PURCHASED OR A COMPARABLE ONE. 
    3. Warranty Exclusions. THIS LIMITED WARRANTY IS VOID IF YOUR PRODUCT HAS BEEN DAMAGED BY ACCIDENT, ABUSE, ABNORMAL USE OR HAZARDOUS MATERIALS OR CONDITIONS. 
    4. Disclaimer of Any Other Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR EXCLUSIVE WARRANTY AND SOLE REMEDY FROM US IS THE LIMITED WARRANTY WE ARE PROVIDING YOU. WLS DISTRIBUTION EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WLS DISTRIBUTION MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT ANY PRODUCTS YOU PURCHASED FROM US WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY.
    5. Manufacturer’s Warranty. The manufacturer of your product may provide you an additional warranty. It, however, is your responsibility to determine whether the product manufacturer provides a warranty and if so, what the terms of that warranty are. We take no responsibility whatsoever for providing you information about any manufacturer’s warranty.
  8. Limitation of Our Liability
    1. No Additional or Special Damages. IF WE ELECT TO REFUND THE AMOUNT YOU HAVE PAID US, YOU ARE NOT ENTITLED TO ANY OTHER MONIES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES THAT YOU MAY HAVE INCURRED.
    2. No Liability Above Amount We Have Received. You expressly understand and agree that WLS Distribution will not be liable to you for an amount exceeding the total amount it has received from you for your purchase of our Products, including any attorney’s fees and costs of resolving a dispute.
    3. Our Liability Is Limited Under All Legal Theories. The limitations and exclusions of WLS Distribution’s liability to you as specified above will apply regardless of the theory of liability, including contract (including fundamental breach), warranty, Product liability, strict liability, tort (including negligence), or other legal theory, even though you may have advised WLS Distribution of the possibility of such damages occurring.
  9. 10.Disputes
    1. Laws Governing Agreement. In consideration of WLS Distribution providing you Our Products, you agree that a Party’s rights and obligations, all Disputes and all other matters arising out of or related to this Agreement must be governed by and will be construed in all respects according to New York laws, excluding conflicts of laws principles.
    2. Location Where Disputes Will Be Resolved. The Parties acknowledge and agree that any arbitration or legal proceeding must be held in Brooklyn, New York.
    3. Dispute Resolution. “Dispute” means a claim, controversy or dispute arising out of or related to this Agreement or your failure to perform any obligation or a term or condition you are required to perform or our failure to perform any obligation or a term or condition we are required to perform. If we are unable to negotiate a full resolution of any Dispute we might have within a reasonable time, then the parties waive all rights they might otherwise have and agree that the Dispute must be solely and finally resolved by arbitration. The Parties’ arbitration will be conducted under the following 5 conditions:
      1. .A single independent, knowledgeable and impartial arbitrator will render a decision;
      2. The arbitration will be conducted according to International Institute for Conflict Prevention & Resolution’s Rules for Non-Administered Arbitration currently in effect;
      3. The Federal Arbitration Act will govern the arbitration;
      4. The Parties agree that the arbitrator’s award will be final and subject only to judicial review as permitted by applicable law; and
      5. When rendering an award, the arbitrator may not award any multiplied, consequential or punitive damages to any Party; each Party waives any rights it may have to such damages. 
    4. Statute of Limitations. You agree that regardless of any statue or law to the contrary, you must bring any claim or cause of action against us under this Agreement within 1 year after your cause of action arises. If you do not do so, your claim or cause of action against us will be forever barred from prosecution.
    5. Severability of a Term. If any term in this Agreement is determined to be invalid, illegal or unenforceable, the remaining terms in this Agreement will continue to be valid, legal, fully enforceable and not affected or impaired in any way.
    6. No Waiver of Terms. WLS Distribution’s waiver of, delay or failure to exercise any right it may have under this Agreement related to you obligations or you failure to comply with any term or condition of this Agreement required of you will not constitute WLS Distribution’s continuing waiver or its waiver of any later obligation or breach by you.
    7. Right and Remedies. WLS Distribution’s rights and remedies under this Agreement are cumulative, nonexclusive and in addition to those provided by law.  WLS Distribution may exercise any of its rights and remedies separately, concurrently or successively.  WLS Distribution’s exercise of any right or remedy will not be considered a waiver of any other of its other rights or remedies.
  10. 11.General Terms
    1. Right to Decline Customer’s Business. We have the right to refuse to sell Products to any Customer and may cancel any Customer’s account in our discretion for any reason whatsoever.
    2. Notices. WLS Distribution may provide you with notices, including those regarding changes to this Agreement, by U.S. mail or email. WLS Distribution’s mailing address for notices is 2033 East 63rd Street, Brooklyn, New York 11234.

March 28, 2023