Terms and Conditions - Branex Wholesale, Tampa

Last Revision: October, 2024

Company Name: KCAA Enterprise Inc. (doing business as Branex)

Address: 3702 E Columbus Dr, Tampa, FL 33605

Contact Email: support@branexwholesale.com

1. Introduction

Welcome to branexwholesale.com (the “Site”). These Terms and Conditions (“Terms”) govern your use of our website and services provided by KCAA Enterprise Inc. (doing business as Branex) (referred to as “KCAA Enterprise Inc.”, “Branex”, “we,” “our,” “us” in these terms and conditions). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site.

You acknowledge that by using the Site, you are entering into a legally binding agreement with us.

These Terms should be read in conjunction with our Privacy Policy, which explains how we collect, use, and protect your personal information, and complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

2. Eligibility

You must be at least 21 years old to use our Site and purchase our products, in compliance with federal and state laws regulating the sale of tobacco and nicotine products. By accessing or using the Site, you represent and warrant that you are at least 21 years old.

We reserve the right to request additional identification for verification of age at any point, especially during account creation or purchases.

3. Account Registration

To access certain features of our Site, you must register for an account. When you register for an account, you agree to:

Provide accurate, current, and complete information during the registration process.
Maintain and promptly update your account information to keep it accurate, current, and complete.
Maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us.
Notify us immediately if you discover or suspect any security breaches related to the Site or your account.

You are responsible for all activities that occur under your account, whether authorized by you or not.

4. User Information

When registering for an account, you will be required to provide the following information:

Name
Email address
Mailing address
Phone number
Date of birth (for age verification)
Driver’s license
Resale license
Tobacco and/or cigarette license (if applicable)
EIN number
W-9 Form
Company name

You agree that all information you provide to register with this Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If we find that any of the provided information is inaccurate, fraudulent, or violates any applicable laws or regulations, we reserve the right to suspend or terminate your account immediately, and you may be subject to legal penalties.

5. Orders and Payment

By placing an order on our Site, you agree to provide accurate and complete information. When you place an order, you are expressing interest in purchasing products, but no payment is required at the time of ordering. After receiving your order, we will contact you to confirm the details and agree on a payment method, which is typically cash or check. We reserve the right to accept or refuse any order based on availability, customer qualifications, or other criteria.

We may require additional verification or information before finalizing any order. No order is considered accepted until we have confirmed payment terms with you.

By placing an order, you confirm that the purchase, receipt, and use of the products comply with all applicable laws and regulations in your jurisdiction.

Nicotine Product Warning:
All nicotine-containing products sold on this Site comply with FDA regulations and include the following warning:
“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
Please note that product images displayed on the website may not show this warning, but it is present on the physical packaging of all nicotine products as required by law.

6. Shipping and Delivery

We will arrange for the shipment of the products to you. Please refer to the shipping page on our Site for specific delivery options. Risk of loss and title for products pass to you upon our delivery to the carrier.

Shipping Restrictions:
Due to federal and state regulations, we may not be able to ship certain products to all locations. We comply with the Prevent All Cigarette Trafficking (PACT) Act and other applicable laws, which may restrict or prohibit the shipment of tobacco and nicotine products to certain jurisdictions. We reserve the right to cancel or modify orders if shipping restrictions apply.

Adult Signature Required:
All shipments containing tobacco or nicotine products will require an adult signature (21 years of age or older) upon delivery. The recipient must present valid government-issued identification at the time of delivery.

We are not responsible for delays or damages caused by the carrier, but we will assist in resolving any issues that may arise.

7. Returns and Refunds

Please refer to our Return Policy for information on returns and refunds.

If any items are returned outside of the eligible return window or do not meet the return conditions, we reserve the right to deny a refund.

8. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
To resell, distribute, or provide our products to individuals under the legal age or in violation of any applicable laws or regulations.

Any violation of these terms may result in immediate termination of your account and access to the Site.

9. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we, our affiliates, or our respective officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

This limitation of liability applies to the fullest extent permitted by law, even if a remedy fails of its essential purpose.

11. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, suppliers, or licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

You will not hold us responsible for any actions taken by third parties in relation to your use of the Site.

12. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes arising out of or relating to these Terms or the Site.

Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction that requires application of the laws of that jurisdiction, then any disputes shall be governed by the laws of that jurisdiction to the extent required.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Florida.

13. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Site, including any disputes relating to the validity or enforceability of these Terms, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Florida, and the arbitrator’s decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.

If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced.

You agree to resolve any disputes individually and not as part of a class action or collective proceeding.

14. Changes to the Terms

We reserve the right to modify or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site. If we make material changes that affect your rights or obligations, we will notify you of the changes by updating the “Last Revision” date at the top of this page. Your continued use of the Site following the “Last Revision” date constitutes your acceptance of those changes.

For users in California or the European Union, we will provide advance notice of any material changes and obtain your consent where required by applicable law. Your continued use of the Site following the notification or effective date of the changes (as applicable) constitutes your acceptance of those changes.

We encourage you to review these Terms periodically to stay informed about any updates or changes.

15. Termination

We may terminate or suspend your account and access to the Site, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us at support@branexwholesale.com.

If we terminate your account for a breach of these Terms, you will not be entitled to any refunds for prior purchases.

16. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Site and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

18. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws and regulations in connection with your use of the Site and the purchase of products. It is your responsibility to determine whether it is legal for you to purchase, possess, and use the products in your jurisdiction. We make no representation or warranty that any products or services are legal, appropriate, or available for use in your location.

20. Electronic Communications

By using our Site or sending us emails, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Contact Information

If you have any questions about these Terms, please contact us at support@branexwholesale.com.