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Business Gifting Terms of Service

Last updated: September 7, 2026

These Business Gifting Terms of Service (the "Business Gifting Terms") govern business and corporate gifting products and services provided by Tradition Spice Company, a Colorado corporation ("Tradition," "we," "us," or "our"), to the business, nonprofit, organization, or other entity identified in an accepted quote or Order Schedule (the "Buyer").

These Business Gifting Terms contain a binding arbitration agreement, a class-action waiver, and a waiver of jury trial in Section 24. Please read that section carefully.

1. Scope and Order of Precedence

These Business Gifting Terms apply to inquiries, samples, quotes, orders, personalization, recipient-file processing, fulfillment, shipping, replacements, and support under Tradition's Business Gifting Program. Submission of an inquiry form does not create an order or obligate either party to proceed.

Tradition's general website Terms and Conditions continue to govern ordinary use of traditionspice.com. If documents conflict concerning a Business Gifting order, the following order of precedence applies: (1) a signed amendment or Change Order; (2) the accepted Order Schedule or quote, but only for commercial details it expressly changes; (3) a separately signed master agreement or data-processing addendum; (4) these Business Gifting Terms; and (5) the general website Terms and Conditions. For Business Gifting disputes, Section 24 of these Business Gifting Terms replaces the court-forum provision in the general website Terms and Conditions.

Any terms in a Buyer purchase order, procurement portal, vendor form, acknowledgment, or other Buyer document are rejected and have no effect unless Tradition expressly accepts the specific terms in a writing signed by an authorized Tradition representative. Performance, shipment, portal registration, or reference to a purchase-order number does not constitute acceptance of Buyer's additional or conflicting terms.

2. Buyer Authority and Eligibility

The person accepting an order represents that the person is at least 18 years old, is authorized to bind the Buyer, and has authority to approve the purchase, provide recipient information and artwork, and accept these Business Gifting Terms. The Program is intended for legitimate organizational gifting, not personal resale or unlawful activity.

3. Program Services

An order may include approved spice kits, a common or personalized note card, one bulk shipment to a business or event location, or separate shipments to individual recipients. Available kits, services, customization, minimum quantities, schedules, and prices are stated in the applicable quote or Order Schedule.

Unless Tradition expressly approves otherwise in the Order Schedule, each kit selection requires a minimum of 25 units. Custom blends, custom product labels, international shipping, long-term storage, and services not listed in the accepted Order Schedule are outside the standard Program.

4. Quotes and Order Acceptance

Unless a quote states otherwise, it expires 14 calendar days after issuance. Prices, capacity, materials, and dates remain subject to confirmation until Tradition accepts the order.

An order becomes binding only when Tradition has: (a) received the Buyer's written acceptance or signature; (b) accepted any required agreement and Order Schedule; (c) received cleared deposit or prepayment; and (d) confirmed acceptance in writing. Tradition may decline an order before acceptance because of capacity, inventory, timing, payment risk, compliance concerns, geographic or carrier limitations, or an unsupported request.

A forecast, verbal approval, sample approval, purchase order, pending payment, or submitted recipient list does not reserve production capacity.

5. Prices, Discounts, Taxes, and Promotions

All prices are in U.S. dollars. Product charges, discounts, personalization, handling, inserts, rush services, shipping, insurance, address corrections, reshipments, and taxes may appear as separate line items. A volume tier establishes the maximum discount Tradition may consider; it does not create an automatic discount.

Consumer coupons, affiliate codes, loyalty offers, free-shipping promotions, website sale prices, and other promotions do not apply or stack unless the Order Schedule expressly says otherwise.

Buyer is responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on Tradition's net income. A claimed exemption is effective only after Tradition accepts a valid exemption certificate before invoicing. Buyer is responsible for the accuracy and continuing validity of exemption documentation.

6. Payment and Production Deposit

Unless the Order Schedule states otherwise, a new Buyer must pay a production deposit equal to 50% of the order total. Tradition may require 100% prepayment for orders under $1,000, rush orders, credit-risk orders, or other approved circumstances. The remaining balance must clear before labels are purchased, gifts are released, or shipments are tendered to a carrier.

The production deposit is designated nonrefundable after Tradition accepts the order because it reserves limited production capacity and supports procurement, setup, administration, artwork, and production commitments that may not be recoverable or readily reassigned. It is not intended as a penalty. If Tradition cancels an accepted order without Buyer breach, Tradition will refund amounts paid for unperformed work. If applicable law requires a refund or accounting for an amount exceeding Tradition's reasonable committed costs and losses, Tradition will comply.

Payment is not complete until funds have cleared. Buyer is responsible for collection costs permitted by law. Tradition may suspend work for overdue amounts without liability for the resulting schedule impact.

7. Production Schedule and Order Lock

A quoted production period is measured in business days and begins only after the order is "Locked." An order is Locked when Tradition has received and approved all required items, including:

  • signed order documents;
  • cleared deposit or prepayment;
  • final product selection and quantity;
  • approved artwork, card text, logo, and personalization format;
  • the final recipient file, if individual shipping is used;
  • written resolution of address or data exceptions; and
  • any Buyer information, approvals, or vendor requirements identified in the quote.

Delays by Buyer move the production and shipment schedule. Tradition will provide a revised schedule when reasonably practicable. Holiday periods, custom work, remote destinations, territories, military addresses, carrier restrictions, and large or overlapping orders may require additional time.

8. Changes and Change Orders

After acceptance, any change to quantity, product, card or message, logo, insert, recipient file, destination, shipping method, timing, payment terms, or other scope requires Tradition's written approval. Tradition may reject a requested change or condition acceptance on a written Change Order, additional payment, a revised price, or a revised shipment date.

Instructions given by telephone or in fragmented emails are not accepted changes. Tradition may require one authorized Buyer approver to submit a complete, consolidated replacement file or proof. Work may pause while a requested change is evaluated.

9. Cancellation

Buyer may request cancellation in writing, but cancellation is effective only when Tradition confirms it in writing. After acceptance, the production deposit remains nonrefundable as described in Section 6. Buyer must also pay for completed work, noncancelable materials and vendor commitments, approved custom work, and other amounts that exceed the deposit.

Tradition may cancel or suspend an order for nonpayment, fraud, unlawful or unsafe instructions, abusive conduct, unsupported data handling, infringement concerns, supply failure, force majeure, or Buyer's material breach. Remedies and refunds, if any, will depend on responsibility, completed work, committed costs, and applicable law.

10. Recipient Files and Buyer Responsibilities

For individual-recipient shipping, Buyer must use Tradition's approved template and secure upload process. Buyer must not send completed recipient spreadsheets by ordinary email unless Tradition expressly provides an approved encrypted method.

Buyer is responsible for:

  • providing one complete row per recipient and a unique recipient identifier;
  • providing accurate, complete, current, and lawfully obtained recipient information;
  • confirming names, spelling, apartment or suite information, city, state, postal code, country, and delivery instructions;
  • reviewing and approving address exceptions or material corrections by the stated deadline;
  • having authority to provide recipient information and directing Tradition's permitted use of it;
  • providing required privacy notices and obtaining any required consent; and
  • excluding sensitive information that is unnecessary for gift fulfillment.

Buyer-supplied address or recipient errors may result in holds, carrier corrections, returns, rerouting, or reshipment. Buyer is responsible for resulting fees, replacement costs, additional handling, and postage unless the error was caused by Tradition.

11. Privacy and Data Processing

The Business Gifting Privacy Notice is incorporated into these Business Gifting Terms. Tradition will use Buyer-supplied recipient information only for fulfillment, personalization, tracking, service, security, legal compliance, and related order administration—not to add recipients to Tradition marketing lists without separate consent.

For recipient information processed solely on Buyer's instructions, Buyer acts as the controller or business and Tradition acts as its processor or service provider, as those concepts apply under relevant privacy law. Tradition may use subprocessors reasonably necessary to perform the order, including commerce, file-transfer, payment, accounting, shipping-technology, printing, and carrier providers. Tradition will require appropriate confidentiality and data-protection obligations where required by law.

To the extent required by applicable privacy law, Buyer's documented instructions are limited to the accepted Order Schedule, these Business Gifting Terms, and written directions consistent with them. Tradition will ensure that personnel authorized to process recipient information are subject to confidentiality obligations; use reasonable safeguards; notify Buyer of a known security incident as required by law or contract; provide reasonable assistance with verified rights requests and legally required assessments; require applicable protections from subprocessors; and, at the end of the services, delete or return recipient information subject to legal retention, backup, and claim requirements. If applicable law requires a more detailed data-processing addendum, the parties will execute one before the affected processing begins.

Tradition's operating standard is to delete active working copies and exported recipient files within 90 days after final delivery, except when longer retention is reasonably necessary for unresolved fulfillment, claims, disputes, legal holds, signed terms, or legal requirements. Transaction records in approved systems may be retained longer under Tradition's record-retention schedule.

12. Artwork, Messages, and Intellectual Property

Buyer retains ownership of logos, messages, and artwork it supplies. Buyer grants Tradition and its approved vendors a limited, nonexclusive, royalty-free license to reproduce, format, print, and use those materials solely to quote, produce, fulfill, document, and support the order.

Buyer represents that it has all rights and permissions necessary for supplied content and that the content does not infringe intellectual-property, privacy, publicity, or other rights; contain unlawful, defamatory, deceptive, hateful, or harmful material; or create a false endorsement. Tradition may reject content in its reasonable discretion.

Tradition retains ownership of its trademarks, product labels, product descriptions, packaging concepts, templates, production methods, and other preexisting materials. No right to alter Tradition's product label or imply co-branding is granted unless stated in the Order Schedule.

13. Proof Approval

Buyer must designate an authorized proof approver. Approval applies only to the identified proof version and confirms spelling, message, recipient-name format, logo, placement, and other displayed content. After approval, changes require a Change Order and may affect price or schedule.

Tradition is responsible for producing the order consistently with the approved proof and final file. Buyer is responsible for errors present in its supplied content, data, or approved proof, unless Tradition introduced or failed to follow an agreed correction.

14. Products, Packaging, and Substitutions

Product appearance, natural color, texture, fill settling, packaging materials, and printed color may vary reasonably by batch, crop, screen, printer, or supplier. Such ordinary variation is not a defect.

Tradition will not knowingly substitute a different product or material component that materially changes the gift without Buyer's written approval. If an approved product becomes unavailable, Tradition may offer an equivalent, a later shipment date, or a refund for affected unproduced units.

15. Food Information and Recipient Use

Buyer and recipients should read the product label, ingredient statement, warnings, and use instructions before consumption. Buyer must not make health, medical, allergen-free, certification, origin, or other product claims on Tradition's behalf unless Tradition has approved the exact factual statement in writing.

Tradition does not provide medical, dietary, tax, ethics, procurement, or regulatory advice. Buyer is responsible for determining whether a gift and its contents are appropriate for each recipient and permitted by Buyer's policies and applicable law.

16. Shipping Coverage and Charges

The standard Program serves valid U.S. delivery addresses, including addresses in the 50 states, the District of Columbia, U.S. territories, and APO, FPO, and DPO military addresses, when supported by the selected carrier and service. Some carriers or services may not serve every address. Territories, Alaska, Hawaii, remote areas, PO boxes, and military addresses may have higher charges, longer transit, different tracking, restricted services, or special addressing requirements.

For individual-recipient orders, Buyer will pay the quoted per-recipient handling charge and actual postage unless the Order Schedule states a different arrangement. Postage shown before the final file is validated and rated is an estimate. Tradition may update postage and related carrier charges based on final addresses, package data, services, surcharges, and rates. Buyer must pay any required true-up before shipment.

17. Shipment and Delivery

Tradition commits to an approved shipment date, not a guaranteed arrival date, unless the Order Schedule expressly identifies a carrier-guaranteed service and a written Tradition commitment. Carrier estimates, address validation, tracking, and delivery scans are not guarantees.

Tradition is not responsible for delay or failed delivery caused by carrier operations, weather, disasters, government action, security restrictions, labor disruption, inaccurate Buyer data, recipient absence or refusal, inaccessible premises, mailroom rules, military or territory routing, theft after delivery, or other circumstances outside Tradition's reasonable control.

Tradition will provide tracking information when available and will reasonably assist with carrier traces and claims. Buyer must provide timely information and cooperation needed for a claim. Rerouting, address correction, return, or reshipment caused by Buyer or recipient circumstances is charged to Buyer.

Title to products passes after Tradition receives full payment. Risk of loss passes when the carrier records delivery to the intended address or an authorized pickup or receiving location. After recorded delivery, loss, theft, internal distribution, or recipient handling is the responsibility of Buyer or recipient. This allocation does not expand Tradition's remedies beyond Section 18.

18. Inspection, Problems, and Remedies

Buyer should review tracking and inspect bulk deliveries promptly. Buyer must notify Tradition within 10 calendar days after delivery or reasonable discovery of a problem, whichever is later, and provide the order number, affected recipient or carton identifiers, description, and reasonably requested photographs or carrier information. Delay in notice may limit a carrier claim or remedy to the extent the delay causes prejudice.

Customized and personalized shelf-stable food gifts are final sale and are not returnable for preference, recipient refusal, or Buyer-supplied error. For a verified Tradition error, missing item, defect, or transit damage covered under the order, Tradition may, at its option and as Buyer's exclusive commercial remedy, replace the affected unit, reship it using a reasonable service, issue a credit, or refund the amount paid for the affected unit and associated unperformed service. Nothing in these Terms limits a remedy that cannot lawfully be limited.

19. Compliance and Lawful Gifting

Buyer is solely responsible for determining whether a gift is lawful and permitted by applicable gift, ethics, anti-kickback, anti-bribery, procurement, licensing, employment, professional, government, healthcare, financial-services, real-estate, and other rules. Buyer must obtain any internal or external compliance approval and observe recipient-value limits.

Buyer will not use Tradition gifts as payment or an improper inducement for referrals, government action, procurement decisions, patient referrals, financial business, real-estate settlement-service referrals, or any other prohibited purpose. Tradition may request evidence of compliance approval and may reject or suspend an order that presents a reasonable compliance concern.

20. Confidentiality

Each party will use reasonable care to protect nonpublic business, pricing, technical, recipient, and order information disclosed by the other and will use it only to perform or receive the order. This obligation does not cover information that is public without breach, already lawfully known, independently developed, or lawfully obtained from another source. A party may disclose information when legally required after giving notice when lawful and reasonably practicable. These confidentiality obligations continue for three years after the applicable order ends; obligations concerning trade secrets and personal information continue for as long as the information remains protected by applicable law.

21. Limited Warranty and Disclaimer

Tradition warrants that, at shipment, products will materially conform to the accepted Order Schedule and approved proof and will be produced and labeled in accordance with Tradition's standard practices and applicable law.

EXCEPT FOR THAT EXPRESS WARRANTY AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM, SERVICES, SAMPLES, RECOMMENDATIONS, PRODUCTS, SHIPPING ESTIMATES, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRADITION DISCLAIMS ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OPPORTUNITY, LOSS OF GOODWILL, OR REPUTATIONAL HARM, ARISING FROM OR RELATED TO THE PROGRAM OR AN ORDER, EVEN IF ADVISED OF THE POSSIBILITY.

TRADITION'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO AN ORDER WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE TO TRADITION FOR THE AFFECTED ORDER.

The exclusions and cap do not apply to Buyer's payment obligations; either party's fraud, gross negligence, or willful misconduct; Buyer's indemnification obligations; breach of confidentiality or misuse of personal information; or liability that cannot lawfully be excluded or limited.

23. Indemnification

Buyer will defend, indemnify, and hold harmless Tradition and its officers, directors, employees, and agents from third-party claims, damages, penalties, judgments, and reasonable costs and attorneys' fees arising from: (a) Buyer-supplied recipient information, artwork, messages, trademarks, or instructions; (b) Buyer's lack of authority, notice, permission, or lawful basis; (c) Buyer's unlawful or prohibited gifting program or representations to recipients; or (d) Buyer's material breach of these Business Gifting Terms. Tradition will promptly notify Buyer and reasonably cooperate. Buyer may not settle a claim in a way that admits fault by or imposes nonmonetary obligations on Tradition without Tradition's written consent.

24. Dispute Resolution; Binding Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, NOT BY A JUDGE OR JURY.

Informal resolution. Before filing arbitration, a party must send written notice describing the dispute, requested relief, and supporting order information. Authorized representatives will attempt in good faith to resolve the dispute for 30 days after receipt.

Arbitration. Any dispute, claim, or controversy arising from or relating to the Business Gifting Program, an order, these Business Gifting Terms, their formation, breach, termination, interpretation, or enforceability—including the scope or enforceability of this arbitration agreement—will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be heard by one arbitrator. The legal seat will be El Paso County, Colorado, although the arbitrator may permit a remote hearing or another mutually agreed location. The arbitrator may award any individual remedy available in court and will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction. Fees will be allocated under the AAA rules, and the arbitrator may award attorneys' fees and costs when authorized by law or these Business Gifting Terms.

Exceptions. Either party may bring an individual claim in a court of competent small-claims jurisdiction if the claim qualifies and remains there. Either party may seek temporary or emergency injunctive relief from a state or federal court in El Paso County, Colorado, to protect confidential information, personal information, intellectual property, or prevent imminent irreparable harm, without waiving arbitration of the underlying dispute.

Class and jury waiver. DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT BUYERS OR PERSONS WITHOUT ALL PARTIES' WRITTEN CONSENT. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY.

If the class-action waiver is finally found unenforceable for a particular claim or remedy, that claim or remedy will be severed and decided by a court with jurisdiction in El Paso County, Colorado; the remaining disputes will be arbitrated.

25. Governing Law

Except for the Federal Arbitration Act, these Business Gifting Terms and each order are governed by Colorado law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

26. Force Majeure

Neither party is liable for delay or failure, other than payment for completed work or accepted goods, caused by events beyond its reasonable control, including natural disaster, severe weather, fire, epidemic, war, terrorism, civil disturbance, government action, embargo, labor disruption, carrier or utility failure, cyberattack not caused by failure to use reasonable safeguards, supplier shortage, or transportation interruption. The affected party will provide reasonable notice and mitigation. If the event continues long enough to defeat the order's principal purpose, the parties will discuss cancellation, substitute performance, or a revised schedule, with Buyer remaining responsible for completed work and nonrecoverable commitments.

27. General Provisions

Notices. Commercial notices may be sent to the contacts in the Order Schedule. Legal notices to Tradition must be sent to service@traditionspice.com with the subject line "Business Gifting Legal Notice" and by nationally recognized overnight carrier to Tradition Spice Company, 9235 N Union Blvd, STE 150-372, Colorado Springs, CO 80920. A legal notice to Buyer may be sent to its contracting or billing address and email.

Assignment. Buyer may not assign an order or these Business Gifting Terms without Tradition's written consent, except in connection with a merger or sale of substantially all relevant assets if the assignee assumes the obligations in writing. Tradition may assign them in connection with a reorganization, financing, merger, or sale of its business or relevant assets.

Independent contractors. The parties are independent contractors. These Business Gifting Terms do not create a partnership, agency, fiduciary, franchise, employment, or joint-venture relationship.

No third-party beneficiaries. Gift recipients are not parties to the commercial agreement and are not intended third-party beneficiaries, except to the extent a nonwaivable law provides otherwise.

Severability; waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the stated instance.

Electronic acceptance. Electronic signatures, acceptance by email, and counterparts are effective. Buyer should retain a copy of the version incorporated into its order.

Entire agreement. The documents identified in Section 1 constitute the entire agreement for the order and replace prior or contemporaneous discussions about that order. Changes must be in a writing accepted by authorized representatives of both parties.

28. Contact

Questions about these Business Gifting Terms may be sent to Service or by mail to:

Tradition Spice Company
9235 N Union Blvd, STE 150-372
Colorado Springs, CO 80920
United States