Gerson Terms of Service

By using The Gerson Companies Web site (www.gersoncompany.com) or entering The Gerson Companies online webstore (www.shop.gersoncompany.com), both hereafter referred to as “Site”, you agree to accept these Terms of Service. You also accept our Privacy Policy which describes how we use the information you provide The Gerson Companies and is incorporated into the Terms of Service by reference.

Please review the Terms of Service and Privacy Policy carefully as you are agreeing to be bound by them by using our Site. If you do not agree with all the provisions of the Privacy Policy or Terms of Service, please do not access and/or use our Site, sign up for a User Account, or purchase products through the Site.

CREDIT CARD PAYMENT: Gerson does not ship COD, but customers are permitted to use CREDIT CARDS for payment. PLEASE READ THESE VERY IMPORTANT CONDITIONS and procedures: You may use your credit card for any size order. We accept MasterCard, Visa, Discover, and American Express. We will charge your card when sufficient product is available to ship. The charge will cover product cost plus freight on the actual product shipped. Payment by credit card is not accepted on orders that receive seasonal dating terms.

INTERNATIONAL CUSTOMERS (Excluding Canada): For Gerson International Seasonal Orders, International customers are required to pay a 50% deposit upfront. Deposits must be paid before the published seasonal program end date. Orders without a deposit placed by the published program end date will not be processed. Deposits can be paid via ACH, Cash, or via a US based credit card provider. Upfront deposits are not required for Gerson Everyday orders or seasonal orders outside of the published seasonal program start and end dates. 

ORDER MINIMUM: Order minimum for Gerson International seasonal orders is $500 combined seasonal categories (e.g. Fall + Christmas). Order minimum for Gerson Everyday orders is $250 per ship date.

NEW CUSTOMERS: Please visit us online at www.shop.gersoncompany.com to fill out our Customer Application form. You may also request a form from your Gerson sales representative or from the credit department at 1-800-444-8172, press 4, then press 3. You will need to submit this completed form with your initial order to enable us to process your order.

CLAIMS / SHORTAGES / DAMAGES / RETURNS: Claims can be submitted on our website OR emailed to claims@gersoncompany.com to receive a ticket number. When submitting any claims either for credit or replacement, The Gerson Companies requires the Credit/Replacement Request Form that can be found on our website. All Claims must be filed within 90 days of the invoice date. Claims submitted after 90 days of the invoice date may not be accepted. We ask for photos to accompany all damaged/defective/broken items. This helps us work with our factories on product and/or packaging improvements. All Returns must be approved by Gerson and may be subject to a 20% shipping & restocking fee.

ORDER CANCELLATION POLICY: Customers may request cancel after dates for their Fall/Holiday orders: September 1st or later for Fall/Halloween, and October 1st or later for Christmas orders. Gerson places purchase orders to manufacturers on behalf of our customers immediately after the season’s published cut-off date. Therefore, order changes cannot be accepted for any reason after the published cutoff date, nor cancellations accepted before 9/1/2025 for Fall/Halloween and October 1, 2025, for Christmas. Gerson does reserve the right to not ship specific merchandise for any reason, e.g., factory shortages, damaged containers, etc. Placement of your order constitutes your agreement with these terms.

FREIGHT: Gerson offers a flat rate shipping program. Please check our website for current rates. Additional fees are assessed for special services including lift gate, inside delivery, limited-access locations, and all residences. Gerson reserves the right to ship orders in multiple shipments if/when product availability warrants multiple shipments.

PAYMENT TERMS AND CONDITIONS: Payment terms are contingent on timely payment in full of all of the customer’s previous orders with The Gerson Company and any of its divisions. Any delinquencies on previous orders will require payment of the current order before delivery of the goods to the customer. In the event pre-payment is required by these terms, failure to pay by the time originally designated herein for delivery of the goods constitutes a breach by the customer of this purchase agreement. Open terms are subject to credit approval. IF YOUR BILL IS NOT PAID ACCORDING TO THE PAYMENT TERMS STATED HEREIN AND IT BECOMES NECESSARY TO USE COLLECTION PROCEDURES, YOU AGREE TO PAY AND WILL BE CHARGED FOR ANY AND ALL COLLECTION FEES INCLUDING ALL REASONABLE ATTORNEY FEES. ANY INVOICES NOT PAID WITHIN THE STATED PAYMENT TERMS ARE SUBJECT TO A MONTHLY INTEREST CHARGE OF 1.5% PER MONTH APPLIED TO THE TOTAL AMOUNT PAST DUE. THIS AGREEMENT IS GOVERNED BY KANSAS LAW AND YOU AGREE THAT ALL ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LITIGATED IN A COURT HAVING SUITS IN JOHNSON COUNTY, KANSAS.

PRICING: Gerson reserves the right to increase prices due to any unforeseen economic events, including but not limited to price increases from overseas manufacturers.

Please note that due to the potential of additional tariffs being levied by the U.S. government on imported products arriving in the U.S. after January 20, Gerson reserves the right to increase the selling price of tariff-impacted items due to higher imposed tariff costs. Gerson will communicate any such tariff-related price increases if and as enacted by executive decree.

POLICIES AS SEEN ON THE NEW ACCOUNT CUSTOMER APPLICATION

Applicant agrees that extension of credit by The Gerson Companies (hereafter referred to as “Seller”) shall be subject to and in consideration of the following terms and conditions:

  1. Payment of all amounts due, as evidenced by invoices from Seller, shall be made not later than the due date as indicated on each invoice (the “Due Date”) under the heading “Terms”. Amount will be deemed “in default” unless Seller receives payment on or before the Due Date. Exceptions, if any, will be indicated on the invoice.
  2. Amounts in default under terms as indicated in item one above will be charged interest at 1.5% per month or the maximum rate allowed by law in the Applicant’s state shown above, whichever is less. Interest will accrue from and after the first day the balance is in default.
  3. If Seller assigns the account to a licensed collection agency or attorney for legal action, all subsequent collection charges and legal fees shall be paid by the Applicant. Applicant agrees that one-third (1/3) of the outstanding balance due including interest, shall be deemed a reasonable attorney’s fee and/or collection cost.
  4. Applicant understands that Seller will make its usual credit investigation, and authorizes Applicant’s bank to release information as desired by Seller. The undersigned EXPRESSLY CONSENTS to Seller requesting and obtaining any credit bureau reports, D & B reports or the like, in connection with granting, extending, reviewing or authorizing credit and/or collection of any amounts form Applicant.
  5. The undersigned agrees that all credit extended shall be deemed subject to the terms herein agreed to. All terms contained herein shall supersede and control in the event of conflict with any other documents, including but not limited to Order forms and Purchase Orders. Seller’s Order form may contain additional terms which shall be considered part of this agreement.
  6. Invoices are emailed electronically for all open-term accounts.
  7. Applicant hereby waives any defense of lack of authority to place any order Seller receives that appears to be from Applicant. Applicant agrees and authorizes any order placed from and shipped to Applicant’s business or Applicant’s customer. Applicant agrees to pay Seller without limitation or defense with respect to the authority of the person placing the order.
  8. Claims of Damage or Defect require Applicant to submit a photograph of the defect and/or damage before Seller will process any claim to comply with factory requirements.
  9. A 20% shipping & restocking fee may be applied for all returned merchandise where Claims do not apply.
  10. Applicant agrees to abide by Gerson’s minimum order policy outlined in the General Terms of Service.
  11. With the goal of protecting the brand integrity of the GG Collection®, The Gerson Companies reserves the right to review all online websites, including social media, for Brand fit and pricing, and take action as deemed appropriate to uphold our GG Collection® Brand Identity. All online GG Collection® Sellers agree to market this line at a price that is not below the GG Collection®’s Minimum Advertised Price (MAP). Manufacturer’s Suggested Retail Price (MSRP) and MAP pricing can be found on our The Gerson Companies online shop website.
  12. The laws of the State of Kansas shall govern all terms of this agreement. The undersigned hereby consents to venue and jurisdiction in Johnson County, Kansas. ALL PARTIES HERETO EXPRESSLY WAIVE TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING OUT OF THIS AGREEMENT. Regardless of any terms in any purchase order submitted by Applicant for the purchase of any goods from Seller following the date of the Application, Applicant agrees that the terms of this Application shall control, except upon written modification signed by both parties.

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact The Gerson Companies Customer Support.

The Gerson Companies Customer Support

Business Hours: Monday through Friday, 8 AM – 5 PM Central Time (CST)

Email: GersonCS@gersoncompany.com

Phone: 1-800-444-8172