These Terms written on this corporate gifting 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 pricing will be provided by S’well upon each received purchase order from Buyer.
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.
NEW ACCOUNTS: S’well reserves the right to approve or deny any corporate gifting order of S’well products. Minimum order is 48 Units. Products must be ordered in case quantities of four (4). New accounts will be opened at S’well's sole discretion.
BLANK ORDERS: S’well reserves the right to approve or deny any corporate gifting order of S’well products. Minimum order is 48 Units. Products must be ordered in case quantities of sixteen (16). New accounts will be opened at S’well’s sole discretion.
- ORDER PROCESSING TIME: For orders in stock, processing time is 3-5 business days. Additional processing time will apply for items not in stock.
- MODIFICATION OF PRODUCTS: In the event the Buyer wishes to purchase S’well products in bulk (i.e. over 48 units) with the intention to decorate the products outside of S’well’s provided customization channel, the following guidelines must be met:
- All end customers must be pre-approved by S’well in writing prior to Buyer’s order being processed. Prior written confirmation can be via an electronic mail exchange through email@example.com or a member of the S’well custom sales team.
- Any logos and artwork that Buyer intends to use to decorate the products must be pre-approved by S’well in writing prior to Buyer’s order being processed. Prior written confirmation may be via an electronic mail exchange through firstname.lastname@example.org a specific member of the S’well custom sales team.
- All logos and artwork must comply with the S’well Brand Guidelines, as discussed above, and must be of such a nature that they would be approved by S’well’s custom sales team directly if S’well was doing the customization itself.
- Buyer may not place any logo or artwork on the side of the S’well product showing the S’well logo. Buyer agrees that any logo or artwork will appear only on the side opposite the S’well logo.
- Any unauthorized modification of S’well products by Buyer may result in termination of this Agreement.
BRAND GUIDELINES: S’well’s Brand Guidelines, incorporated into this Agreement by reference, must be adhered to for all customization and decoration of S’well products performed outside of S’well’s ordinary customization channel or by external customization partners. S’well reserves its rights, in its sole discretion, to approve or deny of any customization performed external of S’well’s direct partners. Logos or artwork not permitted to be used in the customization of S’well products includes, but is not limited to, slogans, hashtags, political affiliations, religious affiliations, evidence of an unhealthy lifestyle, threatening or harassing language, contact information for companies such as email addresses, phone numbers and web addresses, and any other information that is counteractive to the Brand Guidelines.
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: /strong> Merchandise and applicable freight charges will be invoiced when order is processed. Full pre-payment by credit card is required to complete the corporate gifting order submitted to S’well.
PAYMENT TERMS: S’well reserves 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: For orders in stock, processing time is 5-7 business days.
SHIPPING: U.S. orders ship via UPS Ground. Freight charges apply and will be added to invoice upon processing. Alternatively, Buyer may request shipment with a carrier account of their preference. 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 S’well product, please contact firstname.lastname@example.org within fourteen (14) days of receipt of the 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.
INTELLECTUAL PROPERTY: Buyer agrees that it will not manufacture, purchase, distribute, advertise, promote, display, offer for sale, or sell any product that competes with, is an imitation or counterfeit of, or is otherwise confusingly similar to, any S’well product while Buyer maintains an active account with S’well or otherwise advertises, promotes, offers for sale, or sells S’well products. Buyer 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 products 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 stated “purpose for use” as communicated to S’well for this order is truthful and accurate, and Buyer agrees that it will not use any S'well products 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 S’well products to any third party reseller, distributor or discount company. Buyer accurately represents that if they are purchasing the S’well products for a client of Buyer’s, that Buyer has adequate authority to purchase such products on their client’s behalf. Buyer may not purchase these S’well products to be sold as a gift with another product of Buyer’s or Buyer’s client. S’well has the option of investigating such purpose for use provided by Buyer to ensure S’well products remain in authorized channels of sale and trade without seeking permission from Buyer. S’well is not obligated to provide Buyer with its investigative conclusions.
MODIFICATION OF PRODUCTS: Buyer agrees that it will not modify the S'well products in any way, including, without limitation, by adding decals, logos, artwork, or other decorations. In the event Buyer obtains written authorization from S’well to resell the S'well products, Buyer will ensure that they are resold in their original packaging. Any unauthorized modification of S’well products by Buyer may result in termination of this Agreement.
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 any portion of this Agreement.
ASSIGNMENT: Buyer shall not assign any of its rights, interests, duties, obligations, remedies or work in progress associated with this Agreement without prior written approval from S’well and any attempted assignment without S’well’s approval shall be void ab initio. Without limiting any other right, S’well may assign its rights and obligations under this Agreement to an affiliated company, and in connection therewith may modify the terms hereof to comply with the laws of the jurisdiction, and Buyer shall not unreasonably withhold, delay or condition its consent to any such modifications.
GOVERNING LAW: The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the state of New York without reference to any conflicts of law principles. Any proceedings arising out of or in connection with this Agreement shall be brought in any federal or state court in New York, New York.
NO WAIVER: No verbal statements, actions, omissions or course of conduct by S’well shall be construed as a waiver by S’well of any right or remedy under law, in equity or under this Agreement.
COMPLETE AGREEMENT: This Agreement (including any schedules hereto, and all orders delivered and accepted pursuant hereto and any written amendments executed by the parties to this Agreement) constitutes the entire agreement of the parties concerning Buyer’s purchases of products from S’well and supersedes all prior agreements, arrangements and understandings, oral and written, among the parties to this Agreement with respect to the subject matter hereof. No order, purchase order, sales or similar form issued by Buyer, nor any document that is not provided by S’well will be applicable to or alter any sales pursuant to this Agreement and only the terms of this Agreement shall govern such sales.
AUTHORITY AND COUNTERPARTS: Each party represents that the individual executing this Agreement on its behalf is properly authorized to do so and each party is satisfied with the other party’s representation. This agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all of the parties need not appear on the same counterpart, and delivery of an executed counterpart signature page by electronic transmission (such as PDF format) shall be treated as constituting an original for all purposes. This Agreement is effective upon delivery of one executed counterpart from each party to the other party.
All orders are subject to the acceptance of S’well. S’well products may only be sold at authorized locations approved in writing by S’well. S’well products may only be sold to ultimate end-consumers but not third party distributors, unauthorized retail dealers or unauthorized locations. 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.