Terms & Conditions
ALASKA PEONY BROKER
WEBSITE-USE TERMS AND CONDITIONS AGREEMENT
The website domain, www.alaskapeonybroker.com, is owned and operated by ALASKA PEONY BROKER, a company of FLOYD.ultd, LLC, which is licensed and registered to conduct business within the state of Alaska.
Please read the following “TERMS and CONDITIONS” carefully before using this website. Use of this website is governed by these TERMS and CONDITIONS and indicates you agree with and accept all the TERMS and CONDITIONS listed herein. This AGREEMENT is a binding legal contract between ALASKA PEONY BROKER and the following website-user categories:
· WHOLESALE BUYERS
· THIRD-PARTY VENDORS
· PRODUCTION PARTNERS
IF YOU ARE NOT A REPRESENTATIVE OF ONE OF THESE IDENTIFIED WEBSITE-USER CATEGORIES PLEASE DO NOT USE THE ALASKA PEONY BROKER WEBSITE! IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS LISTED HEREIN, PLEASE DO NOT USE THE ALASKA PEONY BROKER WEBSITE!
ALASKA PEONY BROKER will amend these TERMS and CONDITIONS from time-to-time, without notice, by publishing amended TERMS and CONDITIONS within the www.alaskapeonybroker.com domain. Continued use of the ALASKA PEONY BROKER website following changes to these TERMS and CONDITIONS constitutes a continuing voluntary agreement by you to follow and be bound by the newest published version of these TERMS and CONDITIONS for contemporaneous transactions. ALASKA PEONY BROKER strongly encourages you to review the most current version of these TERMS and CONDITIONS whenever you use our website.
INTELLECTUAL PROPERTY RIGHTS:
All information, photos, video, images, audio files, software, written content and other data contained within the ALASKA PEONY BROKER website, hereafter referred to as “CONTENT,” as well as the collection, assembly and design thereof, constitute the sole property of ALASKA PEONY BROKER., © 2017, ALL RIGHTS RESERVED. By using the ALASKA PEONY BROKER website, you acknowledge all CONTENT contained herein is considered the property of ALASKA PEONY BROKER and as such is protected by copyright, trademark, or other proprietary rights; you also acknowledge these rights are valid and protected by U.S. and international laws.
By using this system, you certify your agreement with the TERMS and CONDITIONS as presented herein and you are granted limited license to view, download, electronically copy and print portions of the ALASKA PEONY BROKER website for the express purposes of placing a wholesale order with ALASKA PEONY BROKER and any number of the brokerage’s listed PRODUCTION PARTNERS; for THIRD-PARTY VENDORS and PRODUCTION PARTNERS to verify the accuracy of contributed CONTENT; and to make a WHOLESALE BUYER, PRODUCTION PARTNER, or THIRD-PARTY VENDOR brokerage referral or inquiry. The only other allowable use of CONTENT from the ALASKA PEONY BROKER website is for your personal non-commercial use as otherwise dictated and permitted by U.S. copyright laws.
All information is proprietary and may not be reproduced or otherwise used for any commercial purpose.
All services are business to business services and no consumer transaction will be allowed.
Alaska Peony Broker is a third party facilitator and is NOT a party to any contract between Production Partner and Wholesale Buyer (“Farm-Direct”) and hereby disclaims any and all liability or responsibility for any and all claims, damages, suit, or causes of action arising in connection with such direct contracts.
Except as specifically stated above, any reproduction or other use of CONTENT contained in, published on, or derived from the ALASKA PEONY BROKER website is explicitly prohibited without prior written permission. To request authorization to use ALASKA PEONY BROKER website CONTENT contact the brokerage from the, “CONTACT US,” tab on the website. All rights not otherwise expressly offered or granted within these TERMS and CONDITIONS are expressly reserved by ALASKA PEONY BROKER.
If you notice infringing materials on the ALASKA PEONY BROKER website, contact us so we may examine the CONTENT, and take mitigating or corrective actions if an infringement is confirmed. We will promptly remove any CONTENT found to be infringing.
ALASKA PEONY BROKER reserves and will exercise at its sole discretion the right to remove any party or partner and any CONTENT and to revoke usage privileges of any ALASKA PEONY BROKER website user, including but not limited to: WHOLESALE BUYERS, THIRD-PARTY VENDORS, PRODUCTION PARTNERS, and any other agents or assigns of ALASKA PEONY BROKER; who abuses or otherwise violate the TERMS and CONDITIONS listed herein.
In its sole discretion subject to U.S. laws, ALASKA PEONY BROKER reserves the right to decline to enter into transactions with any person or entity for any legal reason.
APPROVED USER ACCOUNTS:
Access to the restricted, “BUY NOW,” and PRODUCTION PARTNER, “SUPPORT, TRAINING, and TOOLS,” tabs on the ALASKA PEONY BROKER website require an APPROVED USER ACCOUNT with registered username and password. If you chose to register an account, the confidentiality of your account and user-password are your sole responsibility. All activities connected to use of THIRD-PARTY VENDOR CONTENT accessed through the course of using your protected account and password are your sole responsibility. All accounts and users must register and use their legally valid name and actual business address. Pseudonyms and accommodation addresses are prohibited.
To register for an APROVED USER ACCOUNT you must attest to the following:
A. You are 18 years of age or older and not under any legal disability affecting your ability to enter into a binding contract
B. That you are registering under your true legal name and actual business address.
C. You are the owner or designated purchasing agent of a duly licensed company providing wholesale distribution, representing a wholesale buyers group, or providing retail floral design services.
D. You are the owner or designated selling-agent of an Alaska-based production facility offering peony flowers to the wholesale market.
E. The credit or debit card provided for transacting purchases is valid, and you have express authority or permission to use the card for ordering product or services through ALASKA PEONY BROKER.
By certifying your agreement with these TERMS and CONDITIONS you affirm the registration information you submit on the ALASKA PEONY BROKER website is complete and accurate, and further agree to provide ALASKA PEONY BROKER with any updated user or contact information connected to your account. You affirm you will immediately report any unauthorized account use, or possible or suspected breach of account security to ALASKA PEONY BROKER, both in email and by direct phone contact with ALASKA PEONY BROKER Administration.
ALASKA PEONY BROKER reserves the right to change USER ACCOUNT requirements, revoke or refuse USER ACCOUNT registration, refuse service, decline or cancel orders, and close accounts at its sole discretion. If ALASKA PEONY BROKER decides in its sole discretion to take any actions affecting an APPROVED USER ACCOUNT, the registered USER ACCOUNT holder will be notified through the email they listed in their registration information.
In some cases, ALASKA PEONY BROKER may require additional verification before an USER ACCOUNT can be approved and applicant agreements to provide sufficient information and third-party authorizations to enable APB to verify applicant’s bona fides
All payments made through ALASKA PEONY BROKER, for the purchase of wholesale peony flowers, are “Farm-Direct” transaction agreements between the WHOLESALE BUYER and the PRODUCTION PARTNER(S) (ie. Farmer), from whom orders have been made. Payment is due-in-full immediately at the time of electronic shopping-cart check-out, and must be made by an authorized agent with and authorized credit or debit card. ALASKA PEONY BROKER’s third-party electronic payment system accepts most major credit cards.
Payments made by a PRODUCTION PARTNER to ALASKA PEONY BROKER for annual membership fees, or ala carte services and products must be made by an authorized agent with an authorized credit or debit card, by business check subject to bank check negotiation and collection requirements and delays, by cashier’s check, or in cash (U.S. Dollars). In some instances, particularly those involving regular business checks, shipment will NOT be made until funds are irrevocably collected.
A. Annual membership payments made in cash or by cashier’s check receive a $25.00 discount.
B. Checks returned for insufficient funds will be assessed a $30.00 service fee, as well as any consequential damages arising as a result of any returned check
To verify and assure an individual or company’s credit-worthiness, ALASKA PEONY BROKER reserves the right to request and perform credit checks before confirming NEW USER ACCOUNTS and product shipment.
All taxes, including receiving jurisdiction sales taxes and shipping fees are the individual responsibility and liability of the PRODUCTION PARTNER, are to be published in U.S. currency, and should be calculated into all product offerings and price lists posted through the ALASKA PEONY BROKER, “BUY NOW,” purchasing portal.
WHOLESALE BUYERS must make all payment in U.S. currency.
PRICING, AVAILABILITY AND SHIPPING:
Alaska’s peony growing and harvest seasons are both short and intense. The season occurs during the period of highest global demand for the flower’s use in weddings. To address these challenges, ALASKA PEONY BROKER serves as an intermediary connecting Alaska peony growers (PRODUCTION PARTNERS), to WHOLESALE BUYERS and the broader floral industry. The brokerage website, information about our PRODUCTION PARTNERS, and on-line virtual peony marketplace are offered to those who buy wholesale flowers.
With these listed market conditions in mind ALASKA PEONY BROKER will work with its PRODUCTION PARTNERS to help them assure ordered products meet exacting uniform quality assurance standards, and are delivered as ordered. However, it is important to note:
A. Prices are subject to availability and will often change from day-to-day, and from one PRODUCTION PARTNER to another without prior notice. Many factors affect availability and quality and these may change quickly. It is incumbent upon each production partner and each buyer to directly discuss each transaction promptly, directly, and fully to ensure a mutually satisfactory transaction and relationship. The exchange of sufficient digital photos is strongly encouraged.
B. Because ALASKA PEONY BROKER offers PRODUCTION PARTNERS, “Farm-Direct,” marketing solutions, and the autonomy to make their own inventory and price offerings, prices may vary widely from one producer to another and are not necessarily indicative of a difference in product quality from one PRODUCTION PARTNER to another.
C. Prices are set as they appear in real-time, by each PRODUCTION PARTNER, and are locked-in once a WHOLESALE BUYER’S order and payment has been processed at electronic checkout.
D. Products offered for sale through ALASKA PEONY BROKER are perishable and will fail if not handled properly through the course of packing, shipping, handling, and buyer receipt.
a. To claim a refund or replacement of order through the 100% PRODUCT SATIFCATION GARAUNTEE the WHOLESALE BUYER must send both the PRODUCTION PARTNER and ALASKA PEONY BROKER sufficient digital photos globally documenting the failed products within 12 hours of product receipt. Once it is clear the order has failed due to something within the PRODUCTION PARTNER’S control, it is their responsibility to replace the order at no cost to the buyer within 24 hours of the replacement request. If the buyer prefers a refund, the PRODUCTION PARTNER and brokerage will each process their portion of the refund. [JF1]
b. Product failure or loss resulting from actions experienced after the product has shipped (ie. carrier delay, natural disaster, acts-of-God or any other circumstance or event outside the commercially reasonable control of the PRODUCTION PARTNER or ALASKA PEONY BROKER) is not covered by the 100% PRODUCT SATISFACTION GARAUNTEE, or otherwise implied. WHOLESALE BUYERS experiencing related loss should seek redress through FedEx or as otherwise indicated by the circumstances, and are urged to secure commercial insurance against such loss and cover
c. All products are shipped Free-On-Board (FOB) by FedEx routing through its major international terminal at Anchorage, Alaska. ALASKA PEONY BROKER is not responsible or liable for any loss arising from circumstances occurring from the products(s) is tendered to FedEx. Specifically, ALASKA PEONY BROKER shall not be liable for any costs of cover or consequential damages should product be lost, damaged, delayed, or otherwise rendered unmerchantable arising from any circumstances occurring after product has been tendered to FedEx.
Special discounts, including but not limited to discounts offered for higher volume or recurring orders, are provided by PRODUCTION PARTNERS at their discretion, and do not promise or imply the existence of permanent or recurring discount.
All shipping is conducted using FedEx Airfreight and is FOB from the location indicated on the individual PRODUCTION PARTNERS information page, which can be found under the, “FARMERS,” tab on the ALASKA PEONY BROKER website.
Packing, Shipping and Handling charges are included FOB in the PRODUCTION PARTNERS daily product and price offerings which are located by clicking the “BUY NOW!” link on www.alaskapeonybroker.com, and following the related instructions.
The WHOLESALE BUYER accepts all shipping and handling expenses, and all risk of potential loss or damage during transport.
ALASKA PEONY BROKER and its PRODUCTION PARTNERS reserve the right to change availability, product pricing, and order minimums at any time without prior notice.
All parties shall act in a commercially reasonable manner.
ACCURACY OF INFORMATION, PRODUCT QUALITY and
ALASKA PEONY BROKER strives to support and work with its PRODUCTION PARTNERS to provide the clearest, most accurate, complete and timely product information available to WHOLESALE BUYERS. However, the brokerage cannot warrant a PRODUCTION PARTNER”S descriptions of products, prices, or inventory volume, variety, and availability as accurate or without error. Likewise, the brokerage cannot guarantee website functionality, completeness, accuracy or completeness of THIRD-PARTY VENDOR or PRODUCTION PARTNER data, website functionality or ease of use. Should a problem with website functionality, ordering, or an omission or error in a listed product price, variety or quantity be observed; ALASKA PEONY BROKER reserves the right to refuse or cancel any order which was made based on the incorrect information.
A. PRODUCTION PARTNERS who allege and clearly show a material error or omission was made in listing product price, variety or quantity offered, may request the brokerage refuse or cancel any orders which were made based on the incorrect information.
B. Should ALASKA PEONY BROKER decide in its sole discretion to refuse or cancel an order, it will inform the PRODUCTION PARTNER whose product was incorrectly listed, and the WHOLESALE BUYER who made the order. It is the responsibility of the PRODUCTION PARTNER and ALASKA PEONY BROKER to each refund their respective portions of the WHOLESALE BUYER’S money, or conversely to work in good faith toward a revised purchase agreement with the WHOLESALE BUYER. Direct refunds to any party by ALASKA PEONY BROKER shall be limited to the broker’s fees and sales commissions.
ALASKA PEONY BROKER cannot warrant or confirm product colors presented on the website will be accurate depictions of the actual product, due to differences in monitor settings, cameras used and lighting.
Due to the nature of the agri-business, it is common for product quality to vary slightly from one region to another due to seasonal differences, weather, invasive plants, pests, flower varieties, producer farming practices and techniques, and many other factors. While ALASKA PEONY BROKER has taken steps to bring consistency and uniformity to the product offered by its PRODUCTION PARTNERS, the brokerage cannot, nor will it take responsibility for these differences. ALASKA PEONY BROKER is committed to assuring each of its PRODUCTION PARTNERS adopt, work towards and ultimately comply with standard operating procedures defining uniform harvest, processing, packing, shipping and order management practices.
While ALASKA PEONY BROKER requires PRODUCTION PARTNERS to provide a 100% PRODUCT SATISFACTION GARAUNTEE to the WHOLESALE BUYER, the brokerage neither warrants or guarantees WHOLESALE BUYER satisfaction. ALASKA PEONY BROKER does however require its PRODUCTION PARTNERS to contractually agree to follow the uniform standard operating procedures, and to agree to offer a 100% PRODUCT SATIFACTION GARAUNTEE to the WHOLESALE BUYER. A PRODUCTION PARTNER found to be repeated violation of this contractual agreement with ALASKA PEONY BROKER, shall receive direction or a graduated-action which may including, but not be limited to:
A. Technical assistance.
B. Institution of a simple plan-of-correction.
C. Suspension or termination of brokerage membership.
D. Adverse legal action.
The ALASKA PEONY BROKER website and products promoted or represented herein are provided as an intermediary brokerage-only business to business service offered to PRODUCTION PARTNERS and WHOLESALE BUYERS on an, “as is,” basis, without warranties of any kind either expressed or implied, to the fullest extent possible pursuant to applicable law.
USE OF THIS WEB SITE AND THE ENTRY INTO A CONTRACT BETWEEN PRODUCTION PARTNER AND WHOLESALE BUYER DOES NOT CREATE ANY THIRD-PARTY BENEFICIARY RIGHTS AND ANY AND ALL THIRD PARTY RIGHTS AND BENEFITS ARE HEREBY DISCLAIMED.
ALASKA PEONY BROKER does not warranty its website, or any related product or service offered on or through the site by a THIRD-PARTY VENDOR, will be without error, interruption, or data loss. We further disclaim all expressed or implied, including, but not limited to, implied guarantees or promises of merchantability, noninfringement, title, fitness for a specific purpose or use. You explicitly agree that your use of this site is completely voluntary and at your sole risk.
TRAINING AND TECHNICAL ASSISTANCE:
ALASKA PEONY BROKER provides on-line training and technical assistance to PRODUCTION PARTNERS learning how to use the Inventory Management, Point of Sale, Payment Processing and Educational tools linked within the brokerage website. While these tools and training opportunities are offered to help PRODUCTION PARTNERS manage their related management needs, participation is completely voluntary and does not guarantee or promise the provide tools and training will be, “the best product management and sales solution,” for every producer.
Upon request, the Brokerage also provides reasonable no-charge technical assistance to WHOLESALE BUYERS wishing to navigate the site, and desiring to use the, “Buy Now!” link to access the on-line virtual peony marketplace. As such, ALASKA PEONY BROKER assumes no liability for this assistance or advice rendered, or resulting outcomes; all such advice being provided and accepted at the WHOLESALE BUYERS sole risk.
You agree that under no circumstance shall ALASKA PEONY BROKER, any of its officers, agents, associates, employees, contract service providers, third-party vendors, sponsors, successors or assigns, be liable for any direct, indirect, incidental, special or consequential loss or damages related to services offered, training provided, products marketed or sold, website CONTENT, or usability of, or inability to use the ALASKA PEONY BROKER website. You expressly agree this limitation of liability is comprehensive and applies to damages of all kind, including but not limited to, general, special, exemplary, direct, indirect, compensatory, costs of cover, consequential, punitive, incidental, or otherwise, damages for loss of profits, income, revenues, data and use, information, or any other pecuniary loss, arising of the use of your access to and use of the information made available on the ALASKA PEONY BROKER website and domain listed herein as www.alaskapeonybroker.com.
To the extent allowable by law, Alaska peony broker’s liability to any and all parties arising in connection with their use of this web-based service and/or their entry into a direct “Farm Direct” agreement shall be limited to return of the amount of commission received by Alaska Peony Broker for that transaction.
PRODUCTION PARTNERS have sole liability for their products and services, and agree to defend, release, indemnify and hold harmless ALASKA PEONY BROKER and all of its officers, agents, associates, employees, contract service providers, third-party vendors, sponsors, successors or assigns from any and all liability, claims, loss or demand, including without limitation reasonable attorneys’ fees and expenses, resulting from any loss, damage, claim, cause of action, or circumstance, or cause of any and all sorts arising through the PRODUCTION PARTNER’S use of brokerage tools to offer their own products and services to WHOLESALE BUYERS, the public, or any other unapproved or approved individual, group or entity.
PRODUCTION PARTNERS, WHOLESALE BUYERS and anyone else using the brokerage website and online presence hereby agree to defend, release, indemnify and hold harmless ALASKA PEONY BROKER and all of its officers, agents, associates, employees, contract service providers, third-party vendors, sponsors, successors or assigns harmless from any and all liability, claims, loss or demand, including without limitation reasonable attorneys’ fees and expenses, resulting from any claim, cause of action, or circumstance, or cause of any and all sorts arising through the broker’s delivery of products and services arranged, secured, developed, created, contracted or otherwise offered by the brokerage; or from your (PRODUCTION PARTNERS, WHOLESALE BUYERS and anyone else viewing the brokerage website) use of the ALASKA PEONY BROKER website in violation or breach of these TERMS and CONDITIONS.
ALASKA PEONY BROKER WEBSITE-USE
TERMS AND CONDITIONS AGREEMENT:
Upon review of this document I certify I have read the ALASKA PEONY BROKER website-use TERMS and CONDITIONS, and agree with these TERMS and CONDITIONS in their entirety as listed herein; agree I am one of the three designated website-user categories approved to access and use this website; and agree to honor and abide by these TERMS and CONDITIONS.