Authorized Reseller Policy
Vittoria Industries North America, Inc., dba as VINA (the “Brand Owner”), hereby adopts this Resale Policy (this “Policy”) and requires that each person, firm, or entity (each, a “Reseller”) that purchases Brand Owner’s products (the “Products”) for resale or distribution, agree to comply with this Policy.
Any Reseller that fails to comply with this Policy will be deemed an unauthorized reseller and shall have no right to: (i) sell the Products, (ii) use the Brand Owner’s intellectual property, including any trademarks or copyrights, or (iii) offer or advertise any consumer warranty of the Brand Owner applicable to the Products.
1. Applicability
This Policy applies to all resales of the Products, regardless of how the Reseller acquired them, including but not limited to purchases made directly from the Brand Owner, through an authorized distributor, or by any other means. Compliance with this Policy is a condition to being authorized to resell the Products.
2. Sales to End Users Only
Unless otherwise authorized in writing by the Brand Owner, Reseller may only purchase and resell Products to individual consumers or end-user customers. Reseller may not sell or distribute Products to other resellers, distributors, or for further redistribution.
3. No Sales on Online Marketplaces
Without the prior express written consent of the Brand Owner, Reseller shall not advertise or sell the Products on any third-party e-commerce platforms, including but not limited to Amazon, eBay, and Walmart. Reseller may advertise and sell Products on its own proprietary website, provided it complies with this Policy.
4. Handling and Storage
Reseller must handle and store the Products in accordance with the Brand Owner’s then-current storage and handling guidelines. All Products must be stored in secure, climate-controlled facilities to maintain product quality and safety.
5. Product Packaging and Display
Products must be sold in their original, unaltered packaging. Relabeling, repackaging, bundling, or unbundling of Products is prohibited. Reseller may not tamper with, remove, or alter any identifying information such as serial numbers, UPC codes, batch or lot codes, SKUs, or labels. Reseller shall not co-market non-Brand Owner products in a manner that may suggest affiliation with or endorsement by the Brand Owner
6. Trademarks and Copyrights
Subject to Reseller’s ongoing compliance with this Policy, Brand Owner grants Reseller a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use its trademarks and copyrights solely for the promotion and sale of the Products. Reseller shall not alter or misuse Brand Owner’s intellectual property in any way that may damage, dilute, or tarnish its value or reputation. Any noncompliance will result in automatic revocation of this license and forfeiture of all associated rights. Brand Owner may revoke this license at any time, with or without cause.
7. Locations and Inventory Reporting
Reseller must track all Products it purchases and store them at locations compliant with this Policy. Upon request, Reseller shall promptly provide the Brand Owner with: (a) a list of all storage and distribution locations, (b) an itemized inventory of Products at each such location, and (c) reasonable access for Brand Owner or its representatives to verify inventory and compliance.
8. Product Inspection
Reseller must inspect all Products immediately upon delivery for any damage, defects, signs of tampering, or other non-conformities (each, a “Defect”). Products found to have a Defect may not be offered for resale and must be reported to the Brand Owner without undue delay.
9. Recalls and Consumer Safety
Reseller agrees to fully cooperate with the Brand Owner in connection with any recall, market withdrawal, or other product safety communication or regulatory action involving the Products.
10. Customer Service
Reseller shall maintain customer service capabilities, including phone and email support, sufficient to respond to customer inquiries, complaints, and returns. Upon request, Reseller shall provide Brand Owner with summaries or data related to customer service activities.
11. Product Loss or Theft
Reseller shall promptly notify Brand Owner in the event of the loss or theft of a material quantity of Products.
12. Reporting Unauthorized Resellers
If Reseller becomes aware of or reasonably suspects that any individual or entity is reselling the Products in violation of this Policy, Reseller shall promptly report such activity to Brand Owner.
13. Manufacturer’s Warranty
Reseller may pass through the Brand Owner’s original manufacturer warranty to customers in accordance with its terms. Reseller may not alter, supplement, or misrepresent the terms of the warranty or offer any additional warranty. Noncompliance with this Policy voids the Reseller’s right to offer the Brand Owner’s warranty.
14. Documentation and Compliance Verification
Reseller shall provide Brand Owner with such documentation, reports, and other information as Brand Owner may reasonably request to verify compliance with this Policy and to support its warranty, safety, or customer service programs.
RESELLERS WHO FAIL TO COMPLY WITH THIS POLICY ARE UNAUTHORIZED AND FORFEIT ANY RIGHT TO SELL THE PRODUCTS.