Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
These terms and conditions (the "Terms and Conditions") govern the use of www.amalinawholesale.com (the "Site"). This Site is owned and operated by AMALINA GOURMET LLC. This Site is an ecommerce and Wholesale website. 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.


Intellectual Property
All content published and made available on our Site is the property of AMALINA GOURMET LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not

  • - Harass or mistreat other users of our Site;
  • - Violate the rights of other users of our Site;
  • - Violate the intellectual property rights of the Site owners or any third party to the Site;
  • - Hack into the account of another user of the Site;
  • - Act in any way that could be considered fraudulent; or
  • - Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site. 

The following goods are available on our Site:
  • -Food Products.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. 

We accept the following payment methods on our Site:

  • -Credit Card;
  • -PayPal;
  • -Debit;
  • -Direct Debit;
  • -Wire Transfer;
  • -ACH Transfer; and
  • -Check.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
  • Delivery will be discussed with each customer and agreed upon by writing.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
AMALINA GOURMET LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Except where prohibited by law, by using this Site you indemnify and hold harmless AMALINA GOURMET LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Colorado.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and AMALINA GOURMET LLC are unable to resolve any dispute through informal discussion, then you and AMALINA GOURMET LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and AMALINA GOURMET LLC. The costs of any mediation or arbitration will be paid by the unsuccessful party.

Not withstanding any other provision in these Terms and Conditions, you and AMALINA GOURMET LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Additional Terms (WHOLESALE)

1. Products. Amalina Gourmet sells Middle Eastern pastries, candies, dates, nuts and other merchandise (collectively, the “Products”).

2.Term. The term of this Agreement is for one year from the Effective Date (the “Term”). This Agreement will automatically renew for additional one-year terms unless terminated by either Party.

3.Currency. The Parties agree and acknowledge that all prices listed in this Agreement are in United States Dollars and that all amounts will be paid in United States Dollars.

4.Price Adjustment. The Parties agree that Amalina Gourmet may adjust the Wholesale discount at any time with fifteen (15) days’ notice.

5.Confidentiality. Wholesale discounts of Amalina Gourmet’s Products are confidential, and for the use of the Distributor only. Publishing or revealing the Wholesale Price of Amalina Gourmet’s Products or the terms of this Agreement outside of the business of Distributor is strictly forbidden without prior written consent from Amalina Gourmet.6.Taxes. Distributor agrees and acknowledges that Amalina Gourmet is not responsible for the collection and/or payment of any taxes owed by Distributor in regard to the sale of the Product. Distributor will provide Amalina Gourmet with a copy of Distributor’s resale tax certificate within three business days upon request by Amalina Gourmet.

6. Marketing Materials. Should Distributor wish to use any marketing materials other than marketing materials provided by Amalina Gourmet, Distributor must first get written approval to use such materials. Amalina Gourmet shall provide marketing material at Amalina Gourmet’s sole discretion.

7. No Exclusivity. Distributor agrees and acknowledges that Distributor is not an exclusive distributor of the Products and that other individuals and/or entities may sell the Products, including Amalina Gourmet.

8. Marketing Materials. Should Distributor wish to use any marketing materials other than marketing materials provided by Amalina Gourmet, Distributor must first get written approval to use such materials. Amalina Gourmet shall provide marketing material at Amalina Gourmet’s sole discretion.

9. Payment. Amalina Gourmet requires payment in full within 15 days (Net 15) of delivery of a Product Order by an accepted credit card (Credit Card Fees will be applied if this method is chosen), electronic fund transfer, check, or PayPal. Amalina Gourmet reserves the right to require specific payment method from Distributor at any time. Failure to remit payment may result in a Amalina Gourmet refusing to provide any additional Products until payment in full is received in addition to requiring payment in advance prior to delivery for all future Product orders. Amalina Gourmet may also exercise the option to send Distributor’s account to a third-party collection agency if principal balance remains unpaid for more than 30 days.

10. Interest. If Distributor fails to make any payment pursuant to this Agreement, Distributor shall pay Amalina Gourmet interest at 24% per annum compounded monthly, until the outstanding balance is paid. Any payments will first be applied to any outstanding interest and then, if any amounts are left over, to the principle due. This clause shall survive termination of this Agreement.

11. Collections. If any payment obligation under this Agreement is in default, Distributor agrees to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. Amalina Gourmet may exercise the option to send Distributor’s account to a third-party collection agency if principal balance remains unpaid for more than 30 days.

12. Damaged Items. Distributor must notify Amalina Gourmet of any damaged items within 3 (three) days of receipt of shipment or the shipment will be assumed by both Parties to be undamaged.

13. Shipping. Amalina Gourmet will ship all Products to the address designated by Distributor as long as that shipping address can accept packages. Amalina Gourmet may require verification of information prior to the acceptance and/or shipment of any order. Amalina Gourmet reserves the right, without prior notice, to limit the order quantity on any Products to Distributor. Distributor agrees and acknowledges that Distributor is responsible for all shipping costs. In its sole discretion, Amalina Gourmet may provide the Products directly to Distributor. Unless otherwise agreed to in writing, Distributor will be responsible for all costs to ship the Products or to reasonable delivery costs if delivered directly from Amalina Gourmet.

14. Returns. All purchases made by Distributor are final unless otherwise stated.

15. Risk of Loss. Distributor agrees and acknowledges that all Products purchased are shipped pursuant to a shipping contract which means that the risk of loss for all Products purchased passes to Distributor upon delivery of the items to the carrier. Distributor is responsible for filing any claims with carriers for damaged and/or lost shipments.

16. Warranties and Disclaimer. The Products are provided “As Is” with no warranty of any kind. To the maximum extent permitted by law, Amalina Gourmet disclaims all representations, warranties, and conditions, express or implied, with respect to the Products, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, freedom from omissions, and/or implied warranties or conditions arising from the course of dealings.

17. Limitation of Liability. Amalina Gourmet and its parents, affiliates, subsidiaries, officers, directors, employees, members, agents, suppliers, licensors, and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied and/or consequential damages, lost profits, and/or revenues or failure to realize expected profits, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory.

18. Trademark/Copyrights. All trademarks, service marks, trade names, copyrights, logos, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Amalina Gourmet website or Products are proprietary to Amalina Gourmet. No rights in these Marks other than those specifically listed in this Agreement are granted to Distributor.

19. Products Descriptions. In describing and portraying Amalina Gourmet’s Products, Amalina Gourmet attempts to be as accurate as possible. Distributor agrees and acknowledges that Amalina Gourmet does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Amalina Gourmet reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice.

20. Marketing by Distributor. Amalina Gourmet agrees and acknowledges that Amalina Gourmet is granting Distributor the rights to use Amalina Gourmet’s name, likeness, trademarks, and service marks for marketing purposes, including, but not limited to, on Distributor’s website, Facebook page, and in print materials provided that Distributor must provide all marketing to Amalina Gourmet prior to publication for Amalina Gourmet’s written approval which may be withheld in Amalina Gourmet’s sole discretion.

21. Display Stand Case. Distributor agrees and acknowledges that if Amalina Gourmet is providing Distributor a display stand for Amalina Gourmet’s Products while this Agreement is in effect. Distributor is required to only use the display stand for Amalina Gourmet’s Products and will return the display stand at the end of this Agreement. If there is any damage to the display stand or if the display stand must be replaced, Distributor agrees and acknowledges that it will pay Amalina Gourmet $300.00 to repair/replace the display stand.

22. Termination by Amalina Gourmet. Amalina Gourmet may terminate this Agreement at any time if Distributor breaches this Agreement.

23. Termination by Distributor. Distributor may terminate this Agreement at any time upon full payment for all orders placed if Amalina Gourmet breaches this Agreement.

24. Insurance. Distributor shall have product liability insurance for all Products in an amount as regularly required for products of a similar nature.

25. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein

and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

26. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.

27. Notice. All notices, requests, demands, and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class certified mail, postage prepaid to the addresses listed at the beginning of this Agreement or to such other address as such party shall have specified by notice in writing to the other party unless otherwise specified in this Agreement.

28. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The parties herein agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Denver County, State of Colorado.

29. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.

30. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

31. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.

32. Attorney Fees. If any party shall commence any action or proceeding against another party in order to enforce the provisions hereof, or to recover damages as the result of the alleged breach of any of the provisions hereof, the prevailing party therein shall be entitled to recover all reasonable costs incurred connection therewith, including, but not limited to, reasonable attorney fees.

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be in full force and effect.

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

Phone Number: (716) 292-3172
E-mail: ahmad.naeem@amalinagourmet.com
Address: 4777 Leyden St, Unit D4, Denver CO 80216

You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of January, 2023

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