WHOLESALER TERMS & CONDITIONS ACCEPTANCE:
AGREEMENT AND ACKNOWLEDGEMENT: Buyer(s) agrees to carefully read and agree to these Terms and Conditions prior to placing wholesale orders.
For wholesale inquiries please contact us at [email protected]
Date Created: October 5, 2020
Tangie LLC (hereinafter “Tangie” and/or “Seller”) acceptance of your (the “Buyer”) application and wholesale orders is expressly made conditional on Buyer’s agreement to these terms and conditions. The terms and conditions set forth on this wholesale/buyer application, order confirmation and/or invoice will govern ALL transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions.
By requesting Tangie to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.
1. ORDER MINIMUM
We have no order minimum.
2. DOMESTIC SHIPPING
Free UPS shipping on orders over $500.00
3. INTERNATIONAL SHIPPING
3.1 International shipping is handled on an individual basis. Tangie is currently working to offer international shipping at more affordable rates.
3.2 Buyer is responsible for all associated taxes, duties and fees at customs. Please note that Seller can not assume responsibility for any damages that may occur during international transit.
4. PAYMENT METHODS
4.1 All orders require payment in full prior to or on delivery.
4.2 We accept Credit Cards (Visa, Mastercard, American Express), Paypal or Business Check.
4.3 No additional credit processing fees apply.
4.4 Terms will be considered on a case-by-case basis.
4.5 Late Fees on any invoice is 1.5% of interest per month on the total amount due after the payment due date.
5. ORDERING & DELIVERY DAYS
Orders are processed and shipped Monday – Friday except for federal holidays.
6. TURNAROUND TIMES
We strive to deliver all orders within 7 business days of being placed. Occasional delays may happen and you will be notified as soon as possible.
Seller acknowledges that some products will sell better in certain markets than others. If Buyer determines that one of Seller’s products is not selling well in Buyer’s store after 150 days from receipt of order, the Buyer may contact the Seller to arrange for a 50% credit toward an alternate product.
8.1 Seller accepts authorized returns due to manufacturing defects, damages, or shipping errors within 5 business days of receipt of goods, for replacement or credit to your account. We will cover shipping costs in these cases.
8.2 If a shipment is damaged in transit, or is defective in some way, of course we will credit or refund you. Please email us a photo(s) of the damage so that the necessary documentation can be provided to the shipper to seek a credit with the shipping carrier. Send photos to [email protected]
8.3 For any goods that are otherwise returned as ‘unsuitable’ (and in new condition), there is a restocking charge of 15% plus shipping chargeable to Buyer.
9. WHOLESALE PRICING
Tangie requires Buyer to sell Tangie products at or above our MSRP, unless special arrangements are agreed upon. Please make sure your Resale Tax ID Number is on file.
10. INTELLECTUAL PROPERTY
10.1 You undertake to use the Tangie/Waste Free Products Brand Name and, if required by Tangie, Logo when advertising Goods supplied by Tangie and anywhere where the Goods are described or named including on websites, labels and invoices.
10.2 Tangie you a personal, non-exclusive, non-transferable, and non-assignable license to use the Tangie/Waste Free Products Brand Name and, if applicable, Logo for the purposes mentioned above in this section.
10.3 You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property of Tangie LLC dba Waste Free Products.
11.1 Tangie shall not be liable:
where you have altered or modified the Goods, misapplied the Goods, not followed Tangie instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling.
12. EXCLUSION OF IMPLIED WARRANTIES
12.1 Tangie shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by Tangie to the Buyer of the payment made for the delayed or defective part of the order.
13. PERMITTED SELLING LOCATIONS
13.1 Buyer is not permitted to sell any Tangie products on Amazon.com (including all Amazon’s owned platforms), Etsy.com, Ebay.com, and Walmart.com.
13.2 Buyer is permitted to sell products on their own online store and physical locations.
13.3 If you have a question about where to sell Tangie products, contact us BEFORE listing the products. Tangie is not responsible for any fees or expenses Buyer incurs on online platform or physical location.
14. DETERIORATION OF BUYER’S CREDIT
14.1 The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer’s financial condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for delivery of goods.
14.2 Tangie may terminate this agreement with immediate effect by giving written notice to you if: you have failed to comply with a written notice given by Tangie specifying a breach of the agreement and requiring you to remedy it within 14 days; or being an individual, you are made bankrupt; or
being a company, you are placed in liquidation or receivership. On termination, Tangie shall have the right to deal with the Goods at its absolute discretion.
15.1 Any transactions between the Buyer and the Seller are governed by the laws of Florida. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Tavares, Florida, for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.
16.1 Tangie and Buyer agree that upon the demand of either party, any claim or dispute between Tangie and Buyer and/or any of either parties’ parent corporation’s, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives (“Agents”), shall be determined by binding arbitration as set forth in this Agreement. Tangie and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.
16.2 Tangie and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Tangie and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.
16.3 The Parties shall each bear their own costs and attorney’s’ fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney’s’ fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.
17.1 These terms and conditions may be amended or replaced from time to time by Tangie. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.