Terms of Sale

Orders

Availability

In-stock items generally ship in 2-4 business days. If we do not have enough stock on hand to fulfill your order, we will send you an email notification within 24 business hours. If you have a time constraint on your order, please respond to that email so that our team can work on a solution for you.

Cancellation by Monsoon Beverages

We reserve the right to cancel any order, refund, credit, or reshipment at our discretion without notice. If we do so, we will not provide any type of reimbursement for termination related to conduct that we determine, in our discretion, violates our policies or any applicable law, involves fraud or misuse of the Kalm with Kava Wholesale website, or is harmful to our interests or another user.

Cancelling an Order

Similarly, once an order is placed, we cannot guarantee that it can be cancelled. If you wish to cancel an order, please contact us as soon as possible. We cannot refund or restock products that have already been opened. Opened products are non-modifiable, non-cancellable, and non-returnable.

Modifying an Order

Once your order is placed, we cannot guarantee that it can be modified. If you wish to modify your order, please contact us as soon as possible. Customized products are non-modifiable, non-cancellable, and non-returnable.

Refunds

Monsoon Beverages does not accept returns for any products that have been opened. If you have an unopened product, reach out to our team at wholesale@kalmwithkava.com and we will help you with returning your products and the refund process.

Online Security

To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing for a small percentage of orders. If additional information is needed to help ensure the order’s validity, we will reach out via email.

Order Communication

As an e-commerce company, our primary form of communication is email. All order updates will be sent to the email address used when the order was placed. For this reason, please be sure to provide a valid email address when placing your order.

Price Changes and Updates

Pricing on our website is listed at the wholesale level and updated in real time. Product pages will list known and impending manufacturers’ price increases. Unfortunately, this information is not always given to us by our suppliers in advance of the effective date. For pending alternate payment / not fully paid orders, we reserve the right to apply suppliers’ price increases to the order amount. If we receive notice of a suppliers’ price increase on an unpaid order, we will contact you to inform you of the increased price, the additional payment required on the order, and the due date for that payment. Should you not provide the additional payment required on the order, we will cancel the order and refund any payment received. In order to ensure that you receive the most accurate pricing on your order, we recommend that you pay in full prior to the effective date of the increase.

All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a website error, Monsoon Beverages will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order, resulting in a full refund.

We reserve the right to update our Terms of Sale at any time, which may change your ability to sell our products.

Receipt of Incorrect Product

If you believe you received the incorrect product, please keep the item(s) unused and in the original packaging and reach out to our Customer Solutions team. They will work with you to reship the correct item or offer a refund. We may require a picture of the incorrect product you received.

Uses of Trademarks and Brand Names

We own the trademarks to Kalm with Kava, Loa Waka, Borongoru, Pacific Roots Kava, Just Kava, and Kava Kalm. All trademarks and brand names belong to Monsoon Beverages, and we do not consent to others using our marks or logos. You may not use the Kalm with Kava brand name or the Monsoon Beverages name in your own manufactured products, nor do we give you permissions to use our names in your packaging or marketing material.

If using our bulk products in a restaurant setting, you may use our brand and/or product names to describe menu items. It is prohibited to use our brand and/or product names but sell products not supplied by Monsoon Beverages. In this event, we reserve the right to litigate to protect our brand identity and public perception.

Resale of Monsoon Beverages Products

As a customer of Monsoon Beverages, you may use our branded products in your retail stores that have been manufactured in our facilities. You may not sell Monsoon Beverages branded products online, including your own online shop, Amazon.com, Walmart.com, or any other marketplace that is accessible on the Internet. In the event that you do sell our branded products on the Internet, we reserve the right to litigate to protect our brand identity and public perception.

Repackaging

We manufacture our products in a fully HACCP compliant facility and are registered as a Food Facility with the US FDA. Any repackaging not done with the same standards, and under the purview of the FDA, is an unsafe practice. Any contamination, disease, or quality control problem in your manufacturing process is not the responsibility of Monsoon Beverages. You assume any and all risk associated with repackaging any of our products.

Repackaging our juice concentrates is the most risky by nature of water born illness. We do not authorize you to repackage our juice concentrates in any way, shape, or form.

Resolution of Disputes

You agree that any disputes and claims related to or arising from these Conditions of Use and/or your use of this website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved through final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Arizona, instead of in court. An exception is that you may assert claims in small claims court, if your claims qualify.

There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in Monsoon Beverages’ conditions of use just like a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

To begin an arbitration proceeding, you must file a Demand for Arbitration with the AAA, according to the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Monsoon Beverages will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Laws

These Conditions of Use shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of law provisions.

Payment Methods

Accepted Credit Cards (Preferred Method)

All orders must be placed online through our checkout process. After an order has been placed, we will verify stock of the items and issue an invoice that needs to be paid prior to our processing of your order. We accept all major credit cards including Master Card, Visa, American Express, and Discover. We are able to accept most prepaid credit cards as long as the card has been registered with a billing address. Only a single credit card may be used to process the order.

Alternative Payments (Check, Money Order, ACH, Wire Transfer)

We accept ACH and wire transfers for orders with an order total of $500.00 or greater. The order will be placed on hold until payment has been received.

Once payment is cleared, the order will be released to process for shipment. Alternative payment orders will be released as soon as the payment is received, with a minimum of 1 business day delay to receive payment.

Charges and Authorizations

Your card will be charged in full upon payment of the invoice.

Currency

All pricing is listed in US Dollars ($) on the website. When ordering outside of the United States, the funds captured for an order will be converted to the local currency of the ordering country on your credit card statement. The rate of exchange is locked in when your order ships, not when the order is placed. Credit card companies may also charge a currency conversion fee. Please contact your card issuer for further details.

Purchase Orders

We are unable to accept Purchase Orders as a form of payment since we update our pricing in real time and do not rely on quoted prices. All orders must be placed online and paid for in full at the time of purchase.