Wholesale Terms & Conditions
BUYER TERMS AND CONDITIONS ACCEPTANCE:
SheMugs, LLC (herein after “SheMugs" 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 SheMugs to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.
Minimum Order Quantity (When Applicable)
The minimum order value for wholesale customers is $48 (before shipping costs). You can mix and match as many designs and items as you like!
TShirt orders require a minimum of 10 pieces of varying sizes per design.
How to Place an Order
All wholesale orders need to be placed online through our wholesale portal. If you have a custom order, please contact me directly so I can send you an invoice.
All orders placed through our website are processed within 3-5 business days. Transit times is dependent on the carrier.
All payments shall be made at the time the order is placed. All invoices require payment within 24 hours to ensure inventory of goods.
Payments may be made with credit card (Mastercard, VISA, American Express, Discover), Amazon Pay, Paypal, Meta Pay, or Google Pay.
We do offer payment terms through Shoppay, Sezzle, and Afterpay, which can be accessed during checkout.
SheMugs may refuse or cancel any order or delivery of goods at any time by giving written notice to the Buyer. SheMugs shall not be liable for any loss or damage whatsoever arising from such cancellation.
MSRP: Minimum Retail Prices
Products or goods purchase from SheMugs shall only be sold at the manufacturer's suggested retail price (MSRP). In the event that the Buyer chooses to place the products or goods for sale at a discount, the discount cannot be more than 20% below MSRP. Permission for sale events beyond the 20% discount must be requested in writing to SheMugs and will typically be granted on a semiannual basis.
All prices are listed in USD. All authorized retailers will receive the discount as noted on each products' page, plus the cost of shipping. Prices are subject to change without notice.
Returns must be made in writing directly to SheMugs within 7 days of delivery quoting the order number and reasons for return. No returns are acceptable without prior approval from SheMugs. Shipping costs will be covered by the Buyer. In the event that an exchange is requested, Buyer will be responsible for all shipping fees, both in shipping the product back to SheMugs, as well as the shipping of the new product.
For any goods returned as unsuitable, there is a restocking fee of 20%.
Please email us all details of product prior to return.
Shipping costs are not included in the cost of goods. All charges are to be paid by the Buyer. Orders will be shipped via Fedex, UPS, or USPS. While the delivery service utilized by SheMugs may include insurance for goods during transit, SheMugs makes no representations and gives no warranties in respect to insurance and you will be responsible for contacting us to obtain specific insurance you require in respect of the goods during transit.
If you need to rush your order, we will provide an invoice for expedited shipping charges and ship once that invoice has been paid.
Please allow at least 10-14 days from the time of your order for the completion of delivery. Larger orders may require more time, and delays are likely during busy times such as leading up to Christmas. Please contact SheMugs for more information about availability.
Sale of Goods
You acknowledge that you are acquiring goods for the purposes of trade or business only. Any resale of SheMugs products on public forums such as Amazon, eBay, Etsy, Zulilly, are expressly prohibited. SheMugs shall have sole discretion to determine what public forums, if any, are eligible for resale.
Free shipping promotions and/or discount coupons for regular retail customers do not apply to wholesale orders. Orders placed using discount codes will be cancelled.
Notice of Defects
The Buyer must make any claims of defects, including but not limited to those related to shortages, quantity, or specification within the first 7 days after receiving Goods. It is the responsibility of the Buyer to inspect upon receipt that all Goods delivered match the items ordered/invoiced.
Acceptance of Goods with Known Defects Waives Claims for Damages
Buyer waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.
You undertake to use the Brand Name and, if required by Shemugs, Logo when advertising goods supplied by SheMugs and anywhere that the goods are described or named including on websites, labels, and invoices. SheMugs grants you personal, non-exclusive, non-transferable, and non-assignable license to use the SheMugs Brand Name and, if applicable, Logo for the purposes mentioned in this section. You must not use or permit the use of the Brand Name or Logo in any manner that would be determined to be inconsistent with the good name, good will, reputation, and image associated with the intellectual property of SheMugs. The license issued here may be revoked by SheMugs with written notice.
Exclusion of Implied Warranties
SheMugs 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 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 SheMugs to the Buyer of the payment made for the delayed or defective part of an order.
Any transaction between the Buyer and 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 Miami, Florida, for any claims or controversies arising in the same of Goods by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the state of its domicile. However, the forgoing shall not in any way diminish or limit the arbitration rules set forth below.
SheMugs and Buyer agree that upon the demand of either party, any claim or dispute between SheMugs 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. SheMugs 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.
Knowing of Voluntary Consent to Binding Arbitration and Waiver of Right to Jury Trial
Lucy Lue Organics and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Lucy Lue Organics 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.
Costs of Arbitration
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.
These terms and conditions may be amended or replaced from time to time by SheMugs. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.
Agreement and Acknowledgement
Buyer(s) have carefully read and agree to these Terms and Conditions. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Date Created: 10/31/2022