What information do we collect?
We collect information from you when you register on our site or place an order.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience.
Your information helps us to better respond to your individual needs.
- To improve our website.
We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service.
Your information helps us to more effectively respond to your customer service requests and support needs.
- To process transactions.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails.
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
This policy was last modified on Jan 11 2019.
5449 Endeavour Court
Moorpark, CA 93021
United States of America
Terms & Conditions of Sale
Kretek International, Inc.
Terms & Conditions of Sale
Effective March 1, 2022
IMPORTANT - THESE TERMS & CONDITIONS OF SALE (“TERMS”) CONSTITUTE THE BINDING AGREEMENT BETWEEN YOU (“BUYER”) AND KRETEK INTERNATIONAL, INC. (“KRETEK or “SELLER”). AS MORE PARTICULARLY DESCRIBED BELOW, IT IS AGREED THAT: ALL SALES OF PRODUCTS (“PRODUCTS”) ARE EXPRESSLY CONDITIONED ON THE BUYER'S ASSENT TO THE TERMS CONTAINED OR REFERRED TO HEREIN; ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY BUYER ARE EXPRESSLY OBJECTED TO AND WILL NOT BE BINDING UPON SELLER UNLESS SPECIFICALLY ASSENTED TO IN WRITING BY SELLER'S DULY AUTHORIZED REPRESENTATIVE OF A POSITION LEGALLY ABLE TO REPRESENT SELLER; ANY PURCHASE OF PRODUCTS SHALL CONSTITUTE ASSENT TO THESE TERMS AND CONDITIONS. UNLESS EXPRESSLY OBJECTED TO BY BUYER IN A WRITING RECEIVED BY SELLER PRIOR TO SHIPMENT, THESE TERMS SHALL APPLY TO THE APPLICABLE SALE WHETHER OR NOT THEY APPLIED TO A PRIOR PURCHASE BY BUYER. IT IS AGREED THAT NO PRODUCT RETURNS ARE ALLOWED OR ACCEPTED WITHOUT SELLER’S PRIOR WRITTEN APPROVAL.
1. Orders and Sales of the Products; Licenses and Creditworthiness, Changes or Cancellations.
1.1 Kretek will accept orders by telephone during business hours and 24 hours a day, seven days a week by fax at 800-887-2792 or via EDI and website: www.kretek.com.
1.2 Sales Team Members are available Monday through Friday, 6:30 A.M. to 5:30 P.M. PST at 800-358-8100.
1.3 Customers must specify their tax jurisdiction(s) and provide appropriate tobacco tax and business licenses. Buyer represents and warrants that it is duly licensed, including without limitation, in each state and locale in which it takes deliveries of the Products.
1.4 All sales of Products are based upon Buyer’s creditworthiness. Buyer represents and warrants that its business is solvent and a going concern, and that Buyer is able to pay all its debts. Buyer agrees to notify Seller in writing in the event there are any changes to its creditworthiness in advance of any order.
1.5 All sales of Products are expressly conditioned on Buyer’s assent to these Terms. Moreover, any purchase of Products shall constitute assent by Buyer to these Terms. Unless expressly objected to by Buyer in a writing received by Seller prior to shipment, these Terms shall apply to the applicable sale, whether or not they applied to a prior purchase by Buyer.
1.6 Additional or different terms proposed by Buyer are expressly objected to and will not be binding upon Seller unless specifically assented to in writing by Seller’s duly authorized representative of a position legally able to represent Seller.
1.7 Buyer may change or cancel an order at any time prior to shipment and receive a refund, either in cash or credit at Buyer’s election. Buyer may not cancel or change an order of Products after the order ships, except with the prior written consent of Seller, in Seller’s sole and complete discretion, and upon terms where Buyer will pay for any transportation initially and subsequently involved, indemnifying Seller against any loss. Buyer may be eligible to return Products in certain circumstances as in accordance with and subject to Section 8.
1.8 Seller reserves the right, in its sole discretion, without prior notice to Buyer, to accept or reject an order in whole or in part, to refuse to sell its Products or not make credit terms available to Buyer, and or to determine minimum and maximum shipping quantities and or limit order frequency.
2. Shipping, Freight and Handling; Allocations and Excusable Delays; Hazardous Materials; Buyer Refusal of Shipment; Title to Products.
2.1 Unless otherwise agreed to in writing by Seller, all sales are F.O.B. Seller’s facility.
2.2 Next day and 2nd day air upgrades are available at an additional cost to Buyer.
2.3 Seller is responsible for any delays after order ships from Seller’s facility.
2.4 The delivery date specified in an order confirmation is subject to availability of the Products. Products ordered by Buyer under any order may be delivered in whole or in part. If all of the Products ordered by Buyer under any order are not available at the time of the order, Seller may cancel parts of the order by notice to Buyer in respect to any undelivered Products.
2.5 Seller may suspend delivery or cancel at any time pending receipt of assurances (including payments) adequate to Seller of Buyer's ability to pay for the Products.
2.6 Seller reserves the right to allocate shipments in the case of unusual sales demand and or supply constraints.
2.7 Seller shall not be liable for any failure to perform, directly or indirectly due to causes beyond Seller’s reasonable control, such as, without limitation, supply chain interruption, difficulty in obtaining goods or services at customary prices, or due to acts of God or nature, wars, fires, natural calamities, pandemics, epidemics or other health emergencies, embargoes, strikes or other labor disputes, or actions by any government, local, state, federal, or international, whether regulation, legislation, or by judicial order or decree.
2.8 Hazardous Materials, which include but are not limited to products that are, or contain, lighters, butane, or lithium batteries will be shipped in accordance with all applicable laws and ordinances. These items cannot be shipped via air and can only be shipped at present via ground shipping. Any fees associated with hazardous materials will be charged to the Buyer.
2.9 Orders refused by the Buyer and returned to Seller will be charged shipping costs associated with shipment in addition to a restocking fee of 20%, provided the original order was shipped on-time, complete, correct and properly invoiced.
2.10 Title and risk of loss shall pass to Buyer when the Products are delivered to Buyer’s shipping address.
3. Payment Terms.
3.1 All orders must be paid in full via Electronic Funds Transfer (“EFT”), credit card, or bank wire. Credit cards will only be accepted at the time orders are placed. Seller presently accepts Visa, MasterCard and American Express. All payments are to be in U.S. Dollars.
3.2 For new buyers, initial orders will be Pack-Bill-Hold (“PBH”). On subsequent orders and upon credit approval, EFT will be initiated when product is invoiced. Please ask your sales representative for further details.
3.3 EFT’s are initiated when Products are invoiced. Buyer is responsible for notifying Seller upon any bank changes (See Section 3.9 for additional detail).
3.4 EFT’s at the time of order, and bank wires, will receive a two percent (2%) discount off product price before applicable taxes.
3.5 Seller will remove the Buyer from the EFT program within thirty (30) days after a letter requesting such removal has been sent to and acknowledged received by Seller’s Credit Manager.
3.6 Seller reserves the right to remove the Buyer from the EFT program at any time with or without cause. Should Seller remove Buyer from the EFT program, Buyer will be placed on the wire transfer payment program. The wire transfer payment program will allow shipments to Buyer only after Seller receives good funds for payment of the Products in advance.
3.7 Credit Card payments will not receive a two percent (2%) discount. Credit card payments are only accepted at the time of placing an order.
3.8 Buyer will not unilaterally take chargebacks electronically through the banking system or otherwise. All open items or issues, if any, must be resolved on the Buyer’s accounts and agreed by Seller in writing. Open items, by way of example, include any transfer debit memos processed or pending, pending freight claim issues and bill backs not resolved.
3.9 Any returned funds whether by Non-Sufficient Funds (NSF), or other bank related rejections will incur fees of $40.00 and any associated two percent (2%) discount will be reversed.
3.10 Orders will be designated PBH for the following reasons: (a) Customer is over its credit limit; or (b) previous EFT or Wire Transfer did not clear (EFT: 3-business days to clear - Wire: 24-hours after wire is received).
3.11 In the event an invoice is not paid in full by its due date (subject to any credit memos as indicated), interest shall accrue on the unpaid amount at the rate of two percent (2%) per month to a maximum of eighteen percent (18%) per annum from the due date until such amount (together with any interest thereon) is paid in full. Late interest charges will be due upon notification and will be treated the same as an invoice for collection purposes. Should the rate of interest exceed the maximum rate allowable by law, then it is agreed the rate of interest shall be the maximum rate allowable by law.
3.12 Seller reserves the right to refer any invoice which is past due for sixty (60) days or more to a collection agency and, thereupon, all expenses incidental to collection including specifically (but without limitation) court costs, administration fees, expenses, and attorneys’ fees will be charged to any such account. Additional charges may be added for any returned check.
3.13 Deductions for returns are not to be taken until returns have been received and processed by Seller, and a credit memo has been posted to the account. Any deductions taken without approval may be considered a past due balance.
4. State Tobacco Excise Taxes; Customs, Duty, & Brokerage Fees; Compliance with Laws.
4.1 Buyer must specify whether orders are to be taxed or untaxed and specify the applicable tax district or jurisdiction. Buyer must also provide appropriate valid license for orders to be untaxed. Unless otherwise agreed in writing or specifically set forth in Seller’s invoice to Buyer, any state or local sales, use, excise, and all other taxes whatsoever (“Tax” or “Taxes”) applicable to the Products are not included in the purchase price therefor, are not the responsibility of Seller, and shall be paid by Buyer. Buyer is responsible for and liable for all Taxes on the Products regardless of whether a governmental entity assesses Seller for any taxes specific to a specific transaction.
4.2 Buyers that require untaxed orders must provide a current sales Tax resale certificate and an excise Tax resale certificate for each state where such certificates are required and Products are delivered. Buyer agrees to provide evidence of payment of Taxes upon request.
4.3 Buyer represents and warrants at all times, including without limitation, at the time of placing the order and at delivery, that Buyer has the legal ability to sell product at time of purchase, and is compliant with all local, state and federal laws and regulations.
4.4 Buyer is responsible for all customs, duty and brokerage fees in bond-to-bond transactions.
4.5 Buyer is responsible for all local, state, federal and customs fees associated with its shipments destined outside the United States of America.
5. Bill Backs, CDU’s and Invoices; Buyer Pricing Integrity of Products.
5.1 All bill backs, promotional spiffs, advertising, and buy downs must be submitted in the form of a credit request to Seller within thirty (30) days from the end of the promotional period – No Exceptions. Seller reserves the right to refuse payments not submitted on time. Processing time for credits can take up to thirty (30) days.
5.2 Products to be used for promotion must be forecasted and purchased in advance of promotional period. Only forecasted purchased product may be promoted.
a. In the event a promotion exceeds forecast, data must be provided to validate additional purchases for promotional products.
b. Submitted invoices/data must be complete and detailed, including containing the following information at-minimum:
(1) Item Number;
(2) Sales Velocity – Units;
(3) $ Sales Volume; and
(4) Sell Date.
5.3 Subject to applicable law and only to the extent which the following statement is lawful in jurisdictions where lawful: Buyer agrees to charge no greater margin on Products than is customary in the industry for similarly situated goods, and further agrees to treat Seller in a fair and lawful manner with respect to pricing, and pricing integrity in the marketplace.
6. Shortages on Product Shipment.
6.1 Orders received by Buyer with incorrect items or quantities must notify Seller, in writing, within three (3) business days following receipt. Payment deductions will not be honored without proper notification and Seller’s approval with issuance of an RA as described in the section on returns (See Section 8).
7. Liability for Products; Governing Law, Jurisdiction, Venue in the Event of Dispute.
7.1 SELLER, ITS PARENT, SUBSIDIARIES, AFFILLIATES AND SUPPLIERS SHALL HAVE NO LIABILITY TO BUYER FOR ANY CLAIM, LOSS OR DAMAGE, WHETHER FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER INDIRECT DAMAGES, CAUSED OR ALLEGED TO BE CAUSED DIRECTLY, INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY PRODUCTS, BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN, BY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH, WHETHER ARISING IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SELLER OR ITS PARENT, SUBSIDIARIES, AFFILITATES OR SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBLITY THEREOF. EXCEPT FOR ALLOWANCE OF A RETURN EXPRESSLY PURSUANT TO SECTION 8 DESCRIBED HEREINBELOW, SELLER (AND ITS PARENT, SUBSIDIARIES, AFFILITATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.2 BUYER AGREES THAT, IN ANY EVENT, ALL LIABILITY OF SELLER AND ITS PARENT, SUBSIDIARIES, AND ITS AFFILIATES AND SUPPLIERS UNDER THESE TERMS OR OTHERWISE SHALL BE LIMITED TO THE MONEY PAID TO SELLER FOR THE PRODUCTS PURCHASED UNDER THESE TERMS IN THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM AND WHERE THE PRODUCTS WERE THE SOLE AND DIRECT CAUSE OF THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.
7.3 It is hereby agreed by Buyer and Seller that the exclusive jurisdiction and venue for any action to enforce any transaction made pursuant to these Terms shall be in the County of Ventura, State of California. Buyer and Seller acknowledge and further agree that these Terms shall be governed by the laws of the state of California, without regard to its conflicts of law’s provisions, and not the 1980 United Nations Convention for the International Sale of Goods.
8.1 Returned Products and Claims. Limited to the specific circumstances described below in Section 8.3, Buyer may request a return of Products for credit. For issuance of a credit, (a) Seller must first authorize the return, and upon receipt of the Products on return (b) Seller must inspect the Products and determine, in its sole and complete discretion, that the returned Products are eligible for return as represented by Buyer and contained in the written return authorization. For the return authorization, Buyer must give detailed written notice to Seller of any of the circumstances provided below in 8.3 (i.e., claims based upon the condition, quantity, or grade of the Products or of any claimed nonconformity with Buyer’s specifications). Products sold must not be returned without Seller’s prior written consent, in its sole and complete discretion. Seller will not pay transportation charges for returns unless Seller authorizes such in advance in writing. Buyer will otherwise be responsible for transportation charges on returns. Products returned must be returned in the original packaging. For any and all qualifying returns as set forth in 8.3 below, Buyer may receive a credit only. There will be no cash refunds for returns.
8.2 Return Authorizations. Buyer must obtain a Return Authorization (“RA”) number from Seller before returning Products, designating authorization of the return, and to ensure timely and accurate processing and internal tracking of the credit.
8.3 Circumstances Qualifying Products for Return.
a. Mis-Shipped Product / Visibly Damaged Product. If Products received by Buyer have been shipped in error or have visible damage, Buyer must notify Seller in writing within three (3) business days of receipt to be eligible for return. Seller will issue a credit based on the original pricing paid by Buyer (on a “Last out, First In” basis, using original pricing information retrieved from each invoice), less all incentive terms, promotional allowances (i.e., EFT discounts, backend promotions, any amount off of invoice), and transportation where applicable.
b. Concealed Damaged Product. If Products received by Buyer have concealed damage which is not visible, Buyer must notify seller within twenty-one (21) calendar days of receipt to be eligible for return. Seller will issue a credit based on the original pricing paid by Buyer (on a “Last out, First In” basis, using original pricing information retrieved from each invoice), less all incentive terms, promotional allowances (i.e., EFT discounts, backend promotions, any amount off of invoice), and transportation where applicable.
c. Saleable Product. If Products are saleable and are unopened, undamaged, with the original shipping label intact, and which have never been out of the Buyer’s possession, Buyer must notify seller within six (6) months of receipt to be eligible for return. Seller will issue a credit based on the original pricing paid by Buyer (on a “Last out, First In” basis, using original pricing information retrieved from each invoice), less all incentive terms, promotional allowances (i.e., EFT discounts, backend promotions, any amount off of invoice), and transportation where applicable.
d. New Product Introductions. If Products were purchased as part of a Seller new item introduction, Buyer must notify seller of inventory adjustments necessary for new items within six (6) months from introduction to be eligible for return. Seller will issue a credit based on the original pricing paid by Buyer (on a “Last out, First In” basis, using original pricing information retrieved from each invoice), less all incentive terms, promotional allowances (i.e., EFT discounts, backend promotions, any amount off of invoice), and transportation where applicable.
e. Product Returns from Retail Customers (Direct Accounts Only). If Products are returned from direct account Buyers who’s retail customer purchased and returned the Products to Buyer, only Products deemed unsaleable (damaged) as determined by Seller, in Seller’s sole and complete discretion, will be eligible for return. Seller will issue a credit based on the original pricing paid by Buyer (on a “Last out, First In” basis, using original pricing information retrieved from each invoice), less all incentive terms, promotional allowances (i.e., EFT discounts, backend promotions, any amount off of invoice), and transportation where applicable.
8.4 The Products to be returned must be securely packaged, with the RA number and Customer number written on the box and sent to Kretek International Returns Processing, 5449 Endeavour Court, Moorpark, CA 93021.
8.5 Any credits for items returned under an RA number will be adjusted for all allowances, discounts, or other adjustments.
8.6 A 20% restocking fee may be applied to any returned product, subject to inspection, quality and eligibility for return.
8.7 Only full cartons of cigarettes and complete boxes or cartons of cigars will receive credit upon return. Cigarette and cigar packs must be contained in their original cartons.
8.8 Lighters and butane are final sales and no returns are allowed or accepted.
8.9 Return of Taxed Stamped Cigarettes or Cigars. Regarding the return of Taxed stamped cigarettes or cigars, if Seller in its sole and complete discretion determines that the Products may be returned, the Buyer must affix its own
Tax stamps to the Products (cigarettes/cigars which must be shipped to Seller must be in full cartons only and not partial cartons), and Seller will issue credit for the original product invoice price, and will also issue a Tax stamp affidavit for the Tax stamps received, subject to these Terms.
8.10 Deductions for returns are not to be taken by Buyer until returns have been received and processed by Seller, and a credit memo has been posted. Seller will consider any deductions taken that have not been credited to the amount, as past-due.
8.11 No destruction of Product are allowed when requesting a credit or refund, unless expressly directed to do so in writing by Seller.
9. Intellectual Property.
9.1 All intellectual property of Seller shall remain the exclusive property of Seller, including, but not limited to, trademarks, copyrights, industrial designs, logos, patents, and trade secrets. Intellectual property, if any, not belonging to Seller shall be and remain the property of the respective holders of such property.
10.1 Buyer understands and acknowledges that Buyer may have access to Seller’s confidential information as part of its business relationship with Seller. Buyer undertakes to maintain the confidentiality of such information and to not disclose said information for any reason whatsoever. This obligation does not apply if the information becomes generally available to the public.
11. Entire Agreement; Amendments; Severability; No Third Party Beneficiaries; Notice.
11.1 These Terms constitute the entire agreement with regard to the Products sold and supersede all prior oral or written statements regarding this subject matter.
11.2 Seller reserves the right to amend these Terms at any time. Seller shall notify Buyer via e-mail of any such amendments and Buyer will be deemed to have accepted and agreed to the amendments by placing orders following such amendments.
11.3 These Terms are deemed to be severable and the invalidity of one provision shall not affect the enforceability of other provisions.
11.4 Except as specifically provided herein, each party intends that these Terms will not benefit, or create any rights or cause of action in or on behalf of any person or entity other than the parties hereto (the Buyer on the one hand, and the Seller, including its parent, subsidiaries, affiliates, and its permitted successors and assigns on the other).
11.5 Other than routine communications made in the ordinary course of performing any obligations under these Terms, all notices or other communications required or permitted to be given must be in writing and will be deemed to have been sufficiently given when delivered in person (with written confirmation of receipt), on the second business day after mailing, on the date sent by e-mail, or on the fifth business day after mailing by first class registered or certified mail to the address provided by Buyer or to such other address or individual as either party may specify from time to time in writing or transmitted electronically if confirmed in writing by one of the above methods.