Terms of Sale
The commercial terms that apply to every wholesale order placed with Ziona Capital, and the terms of use that apply to this site.
1. Who these terms bind
These terms govern the sale of goods by ZIONA LLC, trading as Ziona Capital, of 601 E Ash Ln Apt 13103, Euless, TX 76039, to a business buyer. By opening an account or placing an order you confirm that you are acting for a business, that the person accepting these terms can bind that business, and that the goods are bought for resale or for the business's own commercial use. We do not sell to consumers.
2. Accounts and approval
An account is opened at our discretion once the business, its delivery address, and, where the goods are bought for resale, a valid Texas resale certificate or the equivalent document for the buyer's state have been verified. You must keep the account details accurate and tell us promptly if a resale certificate expires or is withdrawn. We may suspend or close an account that is inactive, in arrears, or being used for consumer purchases.
3. Prices, tiers, and quotations
Wholesale prices are shown inside an approved account and are exclusive of sales tax and, below the freight threshold, of delivery. The published volume tiers apply to the goods subtotal of a single order before tax and freight: 5% from $2,500, 10% from $10,000, 15% from $25,000, and 20% from $50,000. The tier is applied automatically when the order is placed and no annual commitment is required. Prices can change with supply, and the price that applies is the one shown when the order is confirmed.
4. Orders and the cutoff
The minimum order is a $500 subtotal. Orders confirmed before 2:00 PM Central on a business day are picked and staged the same day. An order is an offer to buy, and a contract is formed when we confirm it. Where a line is out of stock we tell you before the order is confirmed rather than substituting it, unless you have asked us in writing to substitute an equivalent line.
5. Delivery
Delivery times are stated for the published lanes: next business day in Dallas Fort Worth, Houston, and Austin, and 48 hours in San Antonio. We do not deliver outside those metros except by separate written quotation. Freight is carried by us on orders with a subtotal of $2,500 or more within the covered metros and is quoted before confirmation below that. Delivery dates are given in good faith and are not conditions of the contract. You must provide safe access and someone able to receive and sign for the goods within the receiving hours on the account.
6. Shortages, damage, and returns
Check the delivery against the manifest before signing. Shortages, damage, and incorrect lines must be reported on the day of delivery, and are credited or replaced on the next scheduled run to your metro. Goods returned for any other reason must be unopened, in the original case, in resalable condition, and agreed with the trade desk within 14 days of delivery; a restocking charge may apply and freight on such a return is the buyer's. Perishable, hazardous, clearance, and special order lines cannot be returned except where they are faulty.
7. Payment
Opening accounts pay by card or ACH when the order is placed. Net terms may be granted after three settled orders and are reviewed against trade references; where they are granted, invoices are due on the stated terms and we may charge interest on late amounts at the maximum rate allowed by Texas law, suspend deliveries, or withdraw terms. Title in the goods passes on payment in full and risk passes on delivery.
8. Taxes and resale certificates
Prices exclude sales and use tax. Where you claim exemption for resale you must give us a valid resale certificate before the first order, and you are responsible for the accuracy of that certificate and for any tax, penalty, or interest that arises if it is invalid or misused.
9. Compliance and resale
You are responsible for holding the licences your own business needs, for complying with the labelling, storage, age restriction, and food safety rules that apply where you sell, and for handling the goods so they remain fit for sale. Goods are supplied for resale in the ordinary course of your business and must not be altered, repackaged, or presented as anything other than what they are.
10. Warranty and liability
Goods are supplied with the manufacturer's warranty where one exists, and we pass through any such warranty to the extent we are able. Beyond that, and to the extent Texas law allows, all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, are excluded. Our total liability arising from an order is limited to the amount paid for the goods giving rise to the claim, and neither party is liable for lost profits, lost sales, or other indirect or consequential loss. Nothing here excludes liability that cannot be excluded by law.
11. Force majeure
Neither party is liable for a failure to perform caused by events beyond its reasonable control, including supply failures, severe weather, grid or network outages, industrial action, and acts of government. Where such an event continues for more than 30 days, either party may cancel the affected order.
12. Use of this site
The content of this site, including its text, layout, and graphics, belongs to ZIONA LLC and may not be copied for commercial use without permission. Pack descriptions and images are illustrative. Prices shown inside an approved account are confidential to that account and must not be republished. You may not attempt to gain unauthorised access to the site or use automated means to extract the catalog.
13. Governing law
These terms are governed by the laws of the State of Texas, and the state and federal courts sitting in Tarrant County, Texas have exclusive jurisdiction over any dispute arising from them.
14. Changes
We may revise these terms. The version that applies to an order is the version published when the order is confirmed, and the date at the top of this page shows when it last changed.
15. Contact
Questions about these terms go to [email protected]. Privacy questions go to [email protected].