Wholesale Terms + Conditions
Terms and Conditions
Agreement between User and eosera.com
Welcome to eosera.com, an E-commerce site. The eosera.com website (the "Site") is comprised of various web pages operated by Eosera ("Eosera"). eosera.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, the "Terms"). Your use of eosera.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
We have created this online platform for audiologist and ENT physicians to purchase our products. This platform will allow you as a qualified and registered user the ability to purchase at wholesale pricing and bill through your own offices. The listed manufacturer suggested retail price (MSRP) of the product is the minimum amount you should charge for the products when reselling, although you are able to charge more if desired. Charging the price below the MSRP is considered a breach in Terms.
As listed on our published wholesale price list, except for devices, purchaser must order in minimum wholesale quantities of 12 units for each desired product. Case quantities, or 24 units, qualify for discounted pricing. For orders less than the minimum order quantities, we recommend that you purchase from Oaktree or Warner Tech.
Our preferred payment method is by credit card; however, to apply for credit terms instead of
using a credit card, please contact firstname.lastname@example.org to complete a credit application (note
that minimum order under credit terms is $500).
Visiting eosera.com or sending emails to Eosera constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You may opt out
of marketing communications at any time.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Eosera is not responsible for third party access to your account that results from theft or misappropriation of your account. Eosera and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Eosera does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use eosera.com only with permission of
a parent or guardian.
Returned Goods Policy
· Products are returnable within 14 days of receipt. After 14 days, products are not returnable.
· Product must be in resalable condition (unopened and undamaged), and the purchaser will be
responsible for freight on the return product(s) plus a 15% inspection/restocking fee.
·Refunds will be processed within 10 days after the product return is received in the same
manner of payment as the original sale transaction, less the 15% inspection/restocking fee.
· For all returns, the purchaser must obtain a Returned Goods Authorization form from Eosera
via phone 844-732-7929 or email email@example.com.
The Returned Goods Authorization form must include:
- Product name
- Lot number
- Quantity of product
- Wholesale account number. Authorization expires 15 days from Issue.
All returned product must be sent to:
5000 South Fwy, STE 106
Fort Worth, TX 76115
Cancellations are acceptable if the order has not shipped yet. If the order has shipped, we are unable to cancel the order and it may be returned unopened and unused within 14 days of receipt as specified under the “Returned Goods Policy” section above. Links to Third Party Sites/Third Party Services Our website, eosera.com, may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Eosera and Eosera is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eosera is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eosera of the site or any association with its operators. Certain services made available via eosera.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the eosera.com domain, you hereby acknowledge and consent that Eosera may share such information and data with any third party with whom Eosera has a contractual relationship to provide the requested product, service or functionality on behalf of eosera.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Eosera or its
suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Eosera content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Eosera and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eosera or our licensors except as expressly authorized by these Terms.
These Terms, including the wholesale pricing list, is considered confidential information. You agree to hold such information in strict confidence and not to disclose to any third parties.
The Service is controlled, operated and administered by Eosera from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Eosera Content accessed through eosera.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Eosera, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eosera reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eosera in
asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered
upon it in any court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Eosera agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EOSERA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. EOSERA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EOSERA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EOSERA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
Eosera reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby
consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eosera as a result of this agreement or use of the Site. Eosera's performance
of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eosera's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Eosera with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and Eosera with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Eosera with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Eosera reserves the right, in its sole discretion, to change the Terms under which eosera.com is offered. The most current version of the Terms will supersede all previous versions. Eosera
encourages you to periodically review the Terms to stay informed of our updates.
Eosera welcomes your questions or comments. You may reach us through any of the below
5000 South Freeway
Fort Worth, Texas 76115
Email Address: firstname.lastname@example.org