These Terms written on this custom order portal shall manage your use of this portal. By submitting an application on this portal, you agreed to accept all terms, conditions and policies posted. You must not use submit an application through this portal if you disagree with any of these Terms and Conditions.
PRICING: All prices are wholesale and to the domestic trade only.
ONLINE SALES: S’well does not allow Buyer to resell online, except with explicit written permission. This includes website(s), Amazon.com, or any other online marketplace.
MINIMUM ORDER REQUIREMENTS: Minimum order is 100 Units. Products must be ordered in case quantities of four (4). New accounts will be opened at S’well's sole discretion.
CUSTOM ORDERS: S’well reserves the right to approve or deny any customization to S’well bottles, which includes but is not limited to, printed logos and etching. All custom orders are managed by S’well. For more information contact firstname.lastname@example.org. Buyer represents and warrants that no vulgar, obscene, political speech, threatening, intimidating or harassing content is included in the submitted application.
INTERNATIONAL ORDERS: All international sales for resale are managed by S’well. For more information contact email@example.com. U.S. retailers are strictly prohibited from distributing outside the U.S.
PAYMENT TYPE: Merchandise and applicable freight charges will be invoiced when order is processed. Full pre-payment by credit card is required to complete the customization order submitted to S’well.
PAYMENT TERMS: We reserve the right at any time to suspend or change credit terms if your account becomes past due. Failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. Additionally, S’well may withhold all subsequent deliveries until the account is settled in full.
ORDER PROCESSING TIME: Processing time is 2-3 weeks from date of approved proof and receipt of pre-payment.
SHIPPING: U.S. orders ship via UPS Ground. Freight charges apply and will be added to invoice upon processing. Please provide any special shipping instructions or guidelines at the time the order is placed. Buyer is responsible for filing damage claims with the carrier if the goods are damaged in transit.
DAMAGE CLAIMS: If you have received a defective customized S’well bottle, please firstname.lastname@example.org within fourteen (14) days of receipt of the customized product. In your damage report, include your reference number and pictures of the alleged damage so our team can properly assess the claim. Failure to make a claim within the stated time constitutes acceptance of the goods as is. Any damage to a product that has product alterations that were performed by any party other than by S’well directly prevents S’well from processing the claim and providing any guarantee of the product’s warranty.
NON-COMPETITION: Buyer agrees that it will not manufacture, purchase, distribute, advertise, promote, display, offer for sale, or sell any bottle that competes with, is an imitation or counterfeit of, or is otherwise confusingly similar to, any S'well bottle while Buyer maintains an active account with S'well. Retailer agrees that it will not purchase S’well products from any source other than from S’well.
RELATIONSHIP OF THE PARTIES: No agency, partnership, joint venture, or employment relationship is created as a result of this transaction and/or Buyer's acceptance of these Terms & Conditions and neither party has any authority of any kind to bind the other in any respect.
FALSE ASSOCIATION: Buyer agrees not to promote, display, or otherwise use any S'well bottles in any way which would create or imply an association between S'well and Buyer or any other company, entity, individual, cause or campaign, or otherwise imply that S'well sponsors, approves of, or is somehow connected to Buyer or any other company, entity, individual, cause or campaign, including but not limited to, social media posts, website displays, or any advertising/marketing materials.
PURPOSE FOR USE: Buyer represents that its "Purpose For Use" as stated in its application for this order is truthful and accurate, and Buyer agrees that it will not use any S'well bottles obtained through this order for any other purpose without express written permission from S'well, including but not limited to, unauthorized reselling. Buyer may not resell their S’well bottle to any third party reseller, distributor or discount company. Buyer accurately represents that if they are purchasing the S’well bottles are a client of Buyer’s, that Buyer has adequate authority to purchase such bottles on their client’s behalf. Buyer may not purchase these S’well bottles to be sold as a gift with another product of Buyer’s or Buyer’s client.
MODIFICATION OF BOTTLES: Buyer agrees that it will not modify the S'well bottles in any way, including, without limitation, by adding decals, logos, artwork, or other decorations and if Buyer is authorized to resell the S'well bottles, per S’well’s permission, Buyer will ensure that they are resold in their original packaging.
BUYER'S WARRANTIES: Buyer represents and warrants that (i) it is the owner of, or otherwise has the right to use, any logo, design, artwork or any other material submitted to S'well with this custom order ("Buyer Content"); (ii) Buyer Content does not and will not contain content that Buyer has produced by infringing or encroaching upon any third party’s personal, contractual, or property rights, including without limitation, patent, trademark, copyright, trade dress, rights of privacy or publicity, or trade secret rights; (iii) and, any use of Buyer Content by S'well pursuant to this custom order, including but not limited to reproductions of Buyer Content and affixation of Buyer Content to S'well Bottles, does not and will not violate any third party’s personal, contractual, or property rights, including without limitation, patent, trademark, copyright, trade dress, rights of privacy or publicity, or trade secret rights.
BUYER INDEMNIFICATION: Buyer agrees to indemnify and hold S'well harmless against any and all loss, liability, damages, expenses, costs (including reasonable attorney’s fees) arising, directly or indirectly, from any claim, action or suit, actual or threatened, of whatever nature (including the settlement thereof) which would constitute a breach of Buyer's Warranties or any other portion of these Terms and Conditions.
All orders are subject to the acceptance of S’well. The business relationship between S’well and Buyer is "AT WILL"; that is, S’well is free at any time to choose those with whom it wishes to deal. Moreover, S’well has the right at any time to terminate the relationship for any reason whatsoever.