Effective Date: December 2024
Company: The Avenues Smoke & Vape (“Company”)
This policy is a controlling commercial agreement and is non-negotiable.
This Mandatory Return to Vendor & Retail Merchandising Policy ("Policy") constitutes a binding, controlling, and overriding commercial agreement governing all transactions between the Company and any vendor, distributor, supplier, manufacturer, or agent ("Vendor").
This Policy is:
This Policy applies to all transactions without exception, including past, present, and future engagements.
The Company retains a perpetual, unrestricted, unilateral, and absolute right to return any and all products at any time, for any reason or no reason whatsoever.
This includes, but is not limited to:
Any Vendor-issued terms including “No returns,” “Final sale,” “Limited return window,” or “Case-by-case approval” are hereby void and invalid, regardless of where they appear.
Product placement within any Company-controlled environment is deemed a premium paid marketing service.
Billable Rate: $30 per SKU, per day, per placement location.
Applies to all placements, including shelves, display racks, counters, showcases, endcaps, back stock areas, and any inclusion in planograms.
Such placement is treated as brand advertising, consumer exposure, market access, and shelf-space licensing.
Any attempt by Vendor to refuse returns, enforce payment for unwanted or unsold product, or assert conflicting terms immediately triggers Financial Reversal Enforcement Rights.
The Company may deduct accrued marketing fees from outstanding invoices, payables, credits, or any financial obligation to Vendor.
If marketing fees exceed product value, Vendor shall become immediately liable for the difference and payment shall be due upon demand.
If Vendor refuses returns, delays compliance, or enforces invalid terms, then at Company’s sole discretion:
Vendor acceptance is established through shipping product, delivering inventory, accepting payment, issuing invoices, allowing placement in Company stores, or continuing business interaction.
Silence, inaction, or failure to object in writing before engagement is binding acceptance.
Failure to enforce any provision does not waive rights, and rights remain active, cumulative, and enforceable at all times.
This Policy is governed exclusively by the laws of the State of California.
Attempting restrictive sales terms, denying returns, or compelling payment for unwanted inventory will result in immediate financial countermeasures, accrued marketing liabilities, and enforced offsets.
In simple terms: if Vendor insists a product must be paid for, then the cost of occupying retail space will be charged accordingly.