Wholesale Terms

Last updated: March 28th, 2024

Welcome to the SOMA website located at www.yoursoma.com (the “Site”). Please read these Wholesale Terms of Service (the “Wholesale Terms”) carefully because they govern your use of our Site and our wholesale product purchasing services. To make these Wholesale Terms easier to read, the Site and our services are collectively called the “Services.”

Soma Research, LLC, ("Company") is a limited liability company registered in California, and may also be referred to as SOMA, us, we, or our throughout this agreement.

Agreement to Terms

By using our Services, you agree to be bound by these Wholesale Terms and the Terms found at https://www.yoursoma.com/policies/terms-of-service If you don’t agree to these Wholesale Terms, do not use the Services.

 

No Medical Advice

The products and the claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent disease. The information provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. Patients should consult with a healthcare professional, and carefully read all information provided on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product (including regarding any interactions between any medication you are currently taking and such products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem. Unless advised by your healthcare professional, biological age should not be used to determine or alter any age-related health or medical treatments based on your chronological age.

 

Changes to Terms or Services

SOMA may modify the Wholesale Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Wholesale Terms on the Site or through other communications. It’s important that you review the modified Wholesale Terms whenever we modify them because if you continue to use the Services after we have posted the modified Wholesale Terms on the Site, you are indicating to us that you agree to be bound by the modified Wholesale Terms. If you don’t agree to be bound by the modified Wholesale Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use This Service

Eligibility

SOMA is committed to fostering partnerships with reputable organizations dedicated to advancing healthcare and wellness. To be eligible for SOMA wholesale program, organizations must meet the following criteria:

Industry Affiliation

Our wholesale program is open to medical practitioners, physicians, dermatologists, medical spas, plastic surgeons, cosmetologists, research facilities, pharmaceutical companies, and medical aesthetic and science-based companies.

Mission Alignment

Eligible organizations must align with our values and mission of delivering meaningful advancements in therapeutic products, alternative treatments for pain management and addiction, and biological wellness.

We seek partners who share our commitment to innovation, excellence, and improving patient outcomes through evidence-based practices and products.

Professional Credentials

Medical practitioners and healthcare professionals must provide proof of valid licensure or accreditation in their respective fields.

Organizations must demonstrate a commitment to ethical practices and compliance with industry regulations and standards.

Business Verification

To ensure the integrity of our wholesale program, SOMA may require organizations to undergo a verification process, which may include providing business documentation, references, or other relevant information.

SOMA reserves the right to verify the legitimacy and suitability of potential wholesale partners to maintain the integrity of our partnerships and uphold our quality standards.

Payment and Order Terms

The Services enable you to order products from SOMA. The amounts due and payable by you for any product that you purchase through the Services (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any products via the Services, you agree (a) that SOMA may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on SOMA until accepted and confirmed by SOMA.

SOMA and the Buyer ("Buyer") acknowledge that any and all sales orders and invoices ("Agreement") are a contract for the type and quantity of goods, and at the price, described on the sales order and invoice. The purchase price for goods, shipping and applicable tax will be paid in full within 30 days of the invoice date, in United States currency at the Seller's address or on such terms as SOMA shall specify prior to shipment. SOMA may apply any payment received from Buyer against any obligation of Buyer to SOMA, regardless of any statement appearing on or referring to any check or other form of payment, without discharging Buyer's liability for any other amounts Buyer owes to SOMA; and SOMA's acceptance of such item shall not be a waiver of SOMA's right to collect any remaining balance.


Time of payments is of the essence. Interest at the rate of the lesser of the highest rate permitted by law or 1.5% per month shall be charged and payable on past due balances. All items shall be subject to a 20% restocking charge.

Security Interest

SOMA is granted a purchase money security interest in the goods until payment of the full purchase price. Buyer shall perform all acts which may be necessary to perfect and assure retention of such security interest in parts sold under this Agreement. If Buyer fails to make any payment of or on account of the purchase price when due, SOMA may, at its option, take exclusive possession of the goods wherever found and remove the goods without legal process, and Buyer shall pay to SOMA. removal costs, expenses or costs of repossession and collection, including attorneys' fees.

Minimum Order Requirements

Our wholesale program may have minimum order requirements or purchase thresholds to qualify for wholesale pricing and benefits.

Minimum order requirements are established to ensure that wholesale partners can effectively distribute and utilize our products within their respective practices or organizations.

Unless expressly specified payments made to us are non-refundable.

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with SOMA.

SOMA reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances SOMA deems appropriate in its sole discretion. SOMA also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. SOMA will either not charge you or refund the charges for orders that we do not process or cancel.

Shipping Policy

Title to products passes from SOMA to you upon shipment from SOMA’s facility. Please be aware that our shipping times are only estimates and are subject to change.

Order Processing Time

All wholesale orders are typically processed and shipped within four (4) weeks after payment confirmation.

 

Shipping Methods and Carriers

The available shipping methods and carriers may vary depending on your location and the items in your order.

Our primary shipping carriers include USPS, UPS, and FedEx. We select the most suitable carrier for your order based on factors such as destination, package size, and delivery speed.

 

Estimated Delivery Time

The estimated delivery time varies depending on your location, selected shipping method, and any unforeseen circumstances such as weather delays or customs clearance.

Once your order has been shipped, you will receive a shipping confirmation email or notification containing tracking information to monitor the progress of your delivery.

 

Shipping Rates

Shipping rates are calculated based on factors such as destination, package weight, and selected shipping method. You can view the shipping rates for your order during the checkout process before making a purchase.

We may offer free shipping promotions for qualifying orders. Please refer to our website or promotional emails for more information about current free shipping offers and eligibility criteria.

 

Order Tracking

Once your order has been shipped, you can track its progress using the tracking number provided in your shipping confirmation email or by logging in to your account on our website.

If you encounter any issues with tracking your order or have questions about its delivery status, please contact care@somapeptides.com for assistance.

 

Shipping Restrictions

Certain items may be subject to shipping restrictions or regulations imposed by local authorities or carriers. We comply with all applicable shipping restrictions and reserve the right to cancel orders containing prohibited items.

Additionally, we do not ship to P.O. boxes or military addresses at this time. Please provide a valid residential or commercial address for delivery when placing your order.

 

Shipping Policy Updates

We may periodically update our shipping policy to reflect changes in shipping methods, rates, or procedures. Any updates or revisions to our shipping policy will be promptly communicated on our website and may require your review and acceptance before proceeding with future orders.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at care@somapeptides.com.

Privacy Policy

Please refer to our Privacy Policy (https://www.yoursoma.com/policies/privacy-policy) for information on how we collect, use and disclose information from our users.

 

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OFFERED FOR SALE ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE A NEW JERSEY RESIDENT, THIS “WARRANTY DISCLAIMERS” SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Indemnity

You will indemnify and hold harmless SOMA and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Wholesale Terms.

IF YOU ARE A NEW JERSEY RESIDENT, YOUR OBLIGATIONS UNDER THIS “INDEMNITY” SECTION ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Limitation of Liability

In no event shall SOMA be liable for: (I) damage to property, death or bodily injury. (II) any liability of Buyer to any third party, or (III) any other direct, indirect, incidental or consequential damages including, but not limited to, loss or profit or revenues, cost of capital, cost of substitute products, facilities or services, down time costs, or claims of Buyer's customers for such damages. To the extent that Buyer transfers title to the goods sold hereunder to any third party, Buyer shall obtain from such third party a provision affording SOMA and its suppliers the protection of the preceding sentence. In no event shall SOMA's liability for or arising in connection with any part exceed the purchase price of such part. There are no implied warranties of any type, and SOMA hereby disclaims any implied warranties of merchantability or fitness for a particular purpose.

 

NEITHER SOMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE WHOLESALE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SOMA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE WHOLESALE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SOMA FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SOMA, AS APPLICABLE.

SOMA Products

SOMA EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SOMA BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO SOMA’S PRODUCTS, EVEN IF SOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOMA’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT UPON WHICH A CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General Terms

These Wholesale Terms and Terms constitute the entire and exclusive understanding and agreement between SOMA and you regarding the Services and Content, and these Wholesale Terms supersede and replace any and all prior oral or written understandings or agreements between SOMA and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Wholesale Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Wholesale Terms will remain in full force and effect.

You may not assign or transfer these Wholesale Terms, by operation of law or otherwise, without SOMA’s prior written consent. Any attempt by you to assign or transfer these Wholesale Terms, without such consent, will be null and of no effect. SOMA may freely assign or transfer these Wholesale Terms without restriction. Subject to the foregoing, these Wholesale Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by SOMA under these Wholesale Terms, including those regarding modifications to these Wholesale Terms, will be given by SOMA: (i) via email to the email address you provide us via the Services; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

SOMA’s failure to enforce any right or provision of these Wholesale Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SOMA. Except as expressly set forth in these Wholesale Terms, the exercise by either party of any of its remedies under these Wholesale Terms will be without prejudice to its other remedies under these Wholesale Terms or otherwise.

Contact Information

If you have any questions about Wholesale Terms or the Services, please contact SOMA by email at care@somapeptides.com, or by direct mail addressed to Soma Research, LLC, 30650 Rancho California Rd., Suite D406 #419, Temecula, CA 92591.