Terms of Use

These Terms of Use (the "Terms") govern your access to and use of Braich Wholesale's websites (including https://braichwholesale.com), mobile applications, and related online or offline services (collectively, the "Services"), as well as any content, features, or applications made available through the Services (the "Materials"). "We," "us," and "our" refer to Braich Wholesale and its affiliates; "you" and "your" refer to each user of the Services.

1. Acceptance of Terms

By accessing or using the Services, you confirm that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• You are at least the legal age to form a binding contract (or, if you act on behalf of an organization, you have authority to bind that organization).
• If you or your organization have a separate written agreement with us that conflicts with these Terms, the written agreement controls.

If you disagree with any provision, you must stop using the Services immediately. We may update these Terms at any time; continued use after changes indicates your acceptance of the new Terms.

2. Exclusive Distribution; Prohibited Third-Party Sales

We hold exclusive distribution rights for certain brands that prohibit sales on third-party marketplaces (e.g., Amazon, Walmart, Etsy). By purchasing our branded products, you agree not to list, resell, or redistribute them on any unauthorized marketplaces or platforms.

• Compliance Audits: We may audit your downstream distribution to ensure brand integrity.
• Account Termination: Any breach may lead to immediate account suspension and refusal of future purchases.
• Additional Agreement: You may be required to execute a separate non-redistribution agreement upon request.

3. Account Registration & Security

If you register for an account ("Account"), you agree to:

• Provide accurate, current, and complete information and promptly update it.
• Keep your password secure and notify us immediately of any unauthorized use.
• Use your Account only for yourself (unless explicitly authorized to act on behalf of another).
• Bear full responsibility for all activity under your Account.

We reserve the right to suspend or terminate Accounts at our discretion.

4. Orders & Payments

When you place an order through the Services:

• Product Descriptions & Availability: We strive for accuracy but do not guarantee that all details are error-free. All items are subject to availability, and we may discontinue products at any time.
• Pricing & Fees: Prices, taxes, and shipping fees are subject to change. All payments must be in U.S. dollars unless otherwise agreed. We reserve the right to correct pricing errors even after your order is submitted.
• Authorization: You authorize us to charge your chosen payment method for all amounts due.
• Order Limits: We may limit or cancel orders in our sole discretion, including orders that appear to be bulk purchases for resale.
• Subscriptions: Recurring orders renew automatically until canceled by you. To cancel, update your preferences in your Account or contact customer support.
• No Refunds. All sales are final and non-refundable, except where required by law or expressly stated otherwise at the time of purchase. Third-party sites linked from our Services have their own refund policies.

5. Prohibited Conduct

You agree not to:

• Reverse engineer, decompile, or modify the Services or Materials.
• Introduce malware or disrupt our network or Services.
• Scrape, copy, republish, or sell any content without permission.
• Use the Services in violation of any law or to post unlawful, infringing, abusive, or defamatory content.
• Spam, phish, or send unsolicited communications.
• Automate access (e.g., bots) or share your Account credentials.

Violation of any rule may result in legal action and/or suspension of your access.

6. Privacy

Your personal data is handled in accordance with our Privacy Policy, which you should review to understand how we collect, use, and protect your information.

7. User Content & Feedback

User Content: If you post content (e.g., feedback, images, links) on or through the Services:

• You are solely responsible for it.
• You warrant that you own or control all rights necessary to post it.
• You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display it in connection with the Services.
• We are not a backup service; you should maintain your own copies.

Feedback: Any suggestions you provide become our sole property, and we may use them without restriction or compensation.

8. Intellectual Property

All Materials on the Services—text, graphics, logos, icons, images, audio, video, and software—are owned or licensed by us. You are granted a limited, revocable license to access and use the Services for your personal or internal business purposes. Any unauthorized use may violate copyright, trademark, or other laws.

9. Third-Party Links & Services

The Services may contain links to third-party websites or resources. These are provided for convenience; we do not endorse and are not responsible for third-party content, privacy practices, or terms.

10. Service Availability & Changes

We aim for high availability but cannot guarantee uninterrupted service. We may modify, suspend, or discontinue all or part of the Services at any time without notice and will not be liable for any such changes.

11. Disclaimers & Limitations of Liability

Disclaimer: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation: WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In jurisdictions that do not allow the exclusion of certain warranties or liabilities, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Braich Wholesale and its affiliates, officers, directors, and employees from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms.
• Your use of the Services.
• Your User Content.

13. Dispute Resolution; Arbitration; Waiver of Class Actions

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the rules of [arbitration body], except that you may assert claims in small-claims court if eligible. You and we both waive any right to a jury trial or to participate in a class or representative action.

14. Governing Law & Venue

These Terms and any dispute arising from them are governed by the laws of the State of Texas (without regard to conflict-of-law principles). Venue for any in-court dispute shall be in state or federal court in Travis County, Texas.

15. Termination

We may suspend or terminate your access and delete your Account and data at any time, with or without cause or notice. Upon termination, all rights granted to you will immediately cease.

16. Severability & Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. These Terms, together with our Privacy Policy and any supplemental terms, constitute the entire agreement between you and us regarding the Services.

17. Electronic Communications & Signatures

By using the Services and communicating with us electronically, you consent to receive electronic records in lieu of paper documents. You agree that electronic signatures have the same legal effect as handwritten signatures.

Contact Us

If you have questions or concerns about these Terms, please contact us at:

Braich Wholesale
Email: Sales@braichwholesale.com
Address: 1400 W Front St Suite 100 Florence, NJ 08518

Last updated: April 29, 2025