Terms of Sale

  1. YOUR RIGHTS AND OBLIGATIONS

    • THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
    • BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
    • YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (C) LEGAL AGE TO FORM A BINDING CONTRACT WITH PUREWOD LLC DBA EQUIP FOODS, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
    • These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.equipfoods.com/ (the "Website"). These Terms are subject to change by PUREWOD LLC dba Equip Foods (referred to as “Equip,” “Company,” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
    • These Terms are an integral part of the Website Terms of Service that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.


  1. ORDER ACCEPTANCE AND CANCELLATION.

    • You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. After we have accepted an order, we are unable to cancel it at your request, even if you contact us immediately after placing the order. While we cannot cancel or adjust an order at your request after it has been placed, we will take commercially reasonable efforts to assist you with a return or exchange of eligible products in accordance with Section 5 below. If you purchase products under a subscription and desire to cancel future renewals of the subscription, you may do so by logging into your account and making necessary changes so long as you do so before the subscription renews. Cancelling a subscription will stop future renewals, but does not cancel or otherwise change any orders that have already been placed. 


  1. PRICES AND PAYMENT TERMS.

    • All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (including local charges such as sales tax, VAT, or customs duties) or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, 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 arising from such occurrences.
    • We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    • Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept the credit cards and other approved payment methods made available in our Shopify store. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 


  1. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS.

    • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
    • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


  1. RETURNS, EXCHANGES, AND REFUNDS.

    • Please inspect your order upon receipt and contact us immediately if the item is defective, or damaged, or if you receive the wrong variant or item so that we can evaluate the issue and make it right. Except for any products designated on the Website as final sale or non-returnable or which are shipped outside of the United States, we will accept an exchange or a return of the products purchased from our Website for a refund of your purchase price, less outbound and return shipping, if you are not completely satisfied and request a return or exchange within 30 days from the date of purchase. Please note that we do not accept international returns or exchanges at this time. To start your return, please visit our Returns Portal. No returns or exchanges will be accepted without completing the above process to receive approval for your return or exchange. U.S. customers will receive a prepaid shipping label upon approval. If you are returning items from multiple orders, they must be shipped separately. You bear the risk of loss during shipment. Refunds and exchanges are processed once the return is received. If your return is approved for a refund, you’ll be automatically refunded on your original payment method used on the Website. Refunds take between 1-3 business days to fully process following the completion of our inspection of your return. If purchased from another retailer, please contact that retailer directly for information on their return policy. If you have any questions about our Returns or Exchange process, feel free to reach out to us at hello@equipfoods.com.


  1. WARRANTY AND DISCLAIMERS.

    • We warrant to you that for the period between the date of purchase and the “Best By” date listed on any Product, the Products purchased through the Website will materially conform to our published specifications in effect as of the date of purchase and will be free from material defects in materials and workmanship.
    • EXCEPT AS PROVIDED IN SECTION 6(a), ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    • SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


  1. LIMITATION OF LIABILITY. 

    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
    • The limitation of liability set forth in Section 7(b), above, shall: (i) only apply to the extent permitted by law; and, (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.


  1. GOODS NOT FOR RESALE OR EXPORT.

    • Except with respect to permitted resellers in accordance with the terms and conditions of Section 10 below, you represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. Except with respect to permitted resellers in accordance with the terms and conditions of Section 10 below, you further represent and warrant that all purchases are intended for final delivery to locations within the US. Unauthorized reselling, including but not limited to sales on third-party marketplaces such as Amazon, eBay, or similar platforms, is strictly prohibited. Violations of this prohibition may result in suspension or termination of your account, cancellation of your orders, permanent ban from purchasing Equip products, and/or any other remedy available at law, equity, or otherwise.


  1. FORCE MAJEURE.

    • We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.


10. TERMS APPLICABLE TO PERMITTED RESELLERS.


  1. Eligibility. To be eligible to purchase wholesale products from Equip and resell such products as a reseller, you must: (i) be an entity duly organized, validly existing, and in good standing in the jurisdiction of its formation; and, (ii) operate a branded retail website under the entity name or a valid DBA (e.g., Wholesaler A who owns retail reselling platform www.wholsesalea.com. Equip does not permit individual persons to be resellers of its products at this time. No third-party reselling (e.g., via Amazon, eBay, etc.) is permitted under any circumstance. Failure to comply with the terms and conditions of this Section 10, including with respect to third-party reselling, may result in your ineligibility to participate in Equip’s reseller program, permanent termination of your participation in the program, and a permanent ban on the ability to purchase Equip Products from the Website. 


  1. Representations and Warranties. You represent and warrant to Equip that: (i) you meet all eligibility requirements as set forth in Section 10(a); (ii) the execution of this Agreement by the individual who completes the wholesale purchase and commits you to these reseller terms and conditions is duly authorized and constitutes a legal, valid, and binding obligation, enforceable in accordance with these terms; (iii) the execution, delivery, and performance of this Agreement does not conflict with any of your contractual obligations; and, (iv) the activities you undertake as a reseller of the Products will be in compliance with all applicable laws, rules, and regulations, including, without limitation, all truth-in-advertising and disclosure obligations as required by the FTC Act, and will not infringe on the rights of any third party including, without limitation, intellectual property rights, rights of publicity, and rights of privacy.


  1. Non-Exclusive Appointment. Subject to your compliance with the terms and conditions of this Section 10, Equip hereby appoints you, and you hereby accept the appointment, to act as Equip’s non-exclusive reseller of the Products to customers in the United States (the “Territory”) for the term of this Agreement. Equip may in its sole discretion market, distribute, and sell the Products, directly or indirectly, to any individual or entity in the Territory, including without limitation other distributors, resellers, and directly to end users. You shall not sell or offer to sell Products outside the Territory.  You shall unilaterally establish your own resale prices and terms regarding the Products.


  1. Security Interest. You hereby grant to Equip a purchase-money security interest in your right, title, and interest in and to the Products and all proceeds thereof as security for the payment of the purchase price of the Products.


  1. Trademarks. Equip hereby grants you a non-exclusive, non-transferable, and non-sublicensable (except as required to exercise the rights granted in this Section 10(e)) to use Equip’s trademarks (“Trademarks”) solely in connection with the promotion, advertising, and resale of the Products in the Territory in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Trademarks are the sole and exclusive property of Equip, and that you shall not acquire any right or ownership interest in them or any other intellectual property rights of Equip under this Agreement, except for the right to use the Trademarks as provided in this Section 10(e). Any goodwill derived from the use by you of the Trademarks inures to the benefit of Equip. Upon expiration or termination of this Agreement, your rights under this Section case immediately and you shall immediately discontinue all use of the Trademarks. You agree that your use of the Trademarks shall be in accordance with Equip’s then-current brand and/or trademark use guidelines, as may be amended from time to time, and you shall promptly make any revision to your use of the Trademarks as requested by Equip at any time. In no event shall you make any use of the Trademarks that has the potential to defame, harm, or otherwise bring into disrepute the reputation or good will of Equip or the Products.


  1. Prohibited Acts. You shall not: 


  1. make any false or misleading representations or warranties to any person regarding Equip or the Products;


  1. make any representations or warranties to any person regarding the specifications, features, or capabilities of the Products that are inconsistent with the Products as described on our Website or any other materials made available by Equip;


  1. engage in any unfair, anti-competitive, misleading, or deceptive practice regarding Equip or the Products, including the Trademarks;


  1. make any modifications to the Products, including their labelling or packaging, or market, distribute, or sell the Products other than in the form and packaging as delivered by Equip under this Agreement;


  1. resell the Products to any individual or entity that you know or have reason to suspect may resell the Products to a third party;


  1. resell the Products to any federal, state, or local government or political subdivision or agency thereof, without express written approval from Equip;


  1. resell the Products on any third-party website or platform (e.g., Amazon, eBay, etc.) or through any means other than your branded retail website or brick-and-mortar stores;


  1. violate any law, rule, or regulation or infringe on the rights of any individual or entity including, without limitation, intellectual property rights, rights of publicity, and rights of privacy, related to or arising out of your resale of the Products and exercise of any rights granted herein. 


  1. Termination. You may terminate your participation in Equip’s reseller program by ceasing the resale of any Products purchased from Equip under this Agreement. Equip may terminate your participation in the reseller program for any reason or no reason by providing you with thirty (30) days’ prior written notice to the address associated with your most recent order of the Products. Equip may terminate your participation in the reseller program with immediate effect in the event you violate the terms and conditions of this Agreement.


  1. Indemnification. You shall indemnify, hold harmless, and in our discretion defend Equip and its parent, offices, directors, managers, partners, members, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Equip Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys' fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers (collectively, "Losses") incurred by the Equip Indemnitees arising out of or relating to any claim of a third party relating to or alleging: (i) a breach or non-fulfillment of any representation, warranty, or covenant under this Agreement by you; (ii) any bodily injury, death, or damage to real or tangible personal property cause by your acts or omissions; (iii) any failure by you to comply with any applicable laws, rules, or regulations; (iv) any infringement of any rights of any individual or entity including, without limitation, intellectual property rights, rights of publicity, and rights of privacy, related to or arising out of your resale of the Products and exercise of any rights granted herein; and, (v) any negligence or more culpable act or omissions by you (including any recklessness or willful misconduct) in connection with the performance of any obligations or exercise of any rights under this Agreement.


11. MISCELLANEOUS.


  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.


  1. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of PUREWOD LLC dba Equip Foods.


  1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.


  1. Notices.


  1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.


  1. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to PUREWOD LLC dba Equip Foods, 66 W Flagler St Suite 900 #10051 - Miami, FL 33130. We may update the address for notices to us by updating these Terms. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.


  1. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.


  1. Order of Precedence. In the event of any inconsistency or conflict between these Terms and the Website Terms of Service, our order confirmation, or our Privacy Policy, the provisions of the various agreements shall prevail in the following order: (i) Privacy Policy; (ii) these Terms; (iii) the order confirmation; and, (iv) the Website Terms of Service.


  1. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Service, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.