Wholesale Application

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  • Consuela Terms and Conditions


    GENERAL ORDERING INFORMATION


    To qualify for wholesale purchases, you must be a valid retail business with a brick and mortar storefront and resale exemption certificate. By placing an order with Consuela and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.


    Authorization to sell Consuela merchandise is given on an order-by-order basis. The retailer relationship with Consuela is “at will”, meaning Consuela determines who they conduct business with. Both Consuela and the retailer have the right to terminate the relationship at any time for any reason.


    New accounts are opened based on a variety of criteria, and as market conditions and capacity allows.


    PAYMENTS


    All orders shall be placed with a credit card unless otherwise approved. Consuela charges credit cards 1 to 5 days prior to shipping. By providing a credit card number and expiration date, you are irrevocably authorizing Consuela to charge the credit card for all merchandise scheduled to be shipped. Orders may be cancelled within ten (10) business days of the order placement.


    DAMAGE CLAIMS


    Consuela makes every reasonable effort to pack only first quality merchandise with carrier approved packing materials. If your shipment is damaged in transit you agree to contact the carrier and Consuela within forty-eight (48) hours of delivery. You also agree to save all packaging materials and product. You further agree not to cancel or contest payment or deduct from any invoice any amount due to Consuela as a result of a damage claim. The carrier will conduct an investigation for the damage claim and it and/or Consuela will contact you once the investigation is concluded to resolve the issue.


    RETURNS / DEFECTS


    Any claim for defective merchandise must be reported to Consuela within ten (10) business days of delivery. Contact Consuela in the event you receive defective merchandise as all returns must be approved in advance by Consuela. There will be no returns on merchandise that has been delivered after 15 days.


    PRODUCT SPECIFICATION


    All handcrafted items manufactured by Consuela will inherently have slight variations in color, texture, and finish. These variations are part of our process and should be expected.


    COPYRIGHT


    All designs, products, and content made available on the website, printed media, or other form of distribution are the sole property of Consuela. The website, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Consuela. You here by agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the advance, express written consent of Consuela.


    INTELLECTUAL PROPERTY


    Any and all intellectual property rights associated with Consuela including the designs, products, images and content presented, and any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (including any patent-pending items) (collectively “Intellectual Property”) are the sole property of Consuela. Except as otherwise expressly authorized by Consuela, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of Consuela in any way without the express written consent of Consuela.


    PRIVACY


    Your privacy is important to us. To better protect that privacy, Consuela is providing this notice to explain how we collect, use and store data. The only data that we collect, use and store is information you affirmatively provide to us when placing an order. While the information you provide will be maintained for a commercially reasonable time by Consuela for administrative and business purposes, your personally-identifying information is never shared with any third party, other than (i) as required by law, (ii) to protect and defend the rights of Consuela, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event, or (iv) in the event that a need arises to contact you in regard to an order, a question, a customer-service related matter, or as may otherwise be required by law and only to the extent that such contact is required.


    By executing this Agreement and placing an order, you signify your assent to this Privacy provision. Should you have any privacy-related questions or concerns, you may contact Consuela.


    STATEMENT OF POLICY


    The following policies, terms & conditions may be amended by Consuela at any time in its sole discretion.


    Conditions of Sale:



    • Minimum Opening Order must be $1000 or greater.

    • Reorder minimum is $250.

    • Account Requirements

      • Product must be retailed through a storefront for retail sale at an approved location.

      • All new account applications are now required to include representative pictures of the store.

      • All accounts must maintain a satisfactory stock level.

      • In support of our brand image, Consuela product must be priced consistent with our suggested retail pricing structure.



    • Customer may not use the name Consuela as the name of its store and may not use any Consuela trademark or service mark without our written approval.

    • All advertising containing the Consuela trademark or service mark is subject to our approval.

    • All orders are subject to acceptance by Consuela.

    • Consuela may, in its discretion, close any account at any time without notice.

    • Accounts that have not placed an order within 6 months or accounts doing less than $2000 in previous 18 months will be considered inactive.

    • Inactive accounts will automatically be closed and subject to the terms and conditions for opening a new account.

    • The customer expressly agrees that:

      • All merchandise purchased from Consuela is purchased for the purpose of retail sale only.

      • Merchandise purchased from Consuela shall only be sold by the customer at the location listed in this new account application or a location specifically approved by Consuela in writing.



    • Consuela reserves the right to limit quantities ordered.

    • Consuela branded fixtures are specifically designed constructed and made available to you for the sole purpose of displaying Consuela merchandise. Customer agrees that it will not display any other merchandise on them. Further, upon termination of its account with Consuela, customer agrees that it will either destroy all Consuela branded fixtures or remove the Consuela brand name and tree logo from them. All charges incurred are the responsibility of the customer.


    Prices:



    • Consuela reserves the right to change prices without notice. The prices billed will be those in effect on the date of shipment, including orders for future delivery.


    Credit and Terms:



    • All orders will be Credit Card (Visa, Master Card, AMEX, Discover) ... no discounts or anticipation allowed.

    • Consuela charges credit cards 1 to 5 days prior to shipping.

    • All orders are subject to the terms and conditions set forth in this statement of policy. These terms and conditions shall supersede any variance in terms and conditions set forth on customer’s order form or earlier statements of policy.

    • Consuela may change or cancel credit at its discretion, and may request advance payment at any time.


    Shipments:


    Merchandise is sold FOB Ft. Worth, Texas; the customer is responsible for all freight. We will ship your order via FedEx or UPS Ground up to 200 pounds, and by truck freight collect over that amount (unless otherwise specified). We do not ship c.o.d. Shipments may be delayed if there is an unpaid balance at the time an order is received. Please note that initial invoices must be paid in full before we can release subsequent orders for shipment.


    Order Fulfillment:



    • It is common for Consuela orders to ship in several deliveries – one delivery per product category. All deliveries are usually complete within twelve weeks of initial ship date. If the order cannot be filled within twelve weeks, it may be cancelled, unless you specifically indicate on your orders not to do so.


    Returns:



    • Merchandise may be returned only upon our authorized approval. We will issue a FedEx Return Label.


    Shipment Refusals:



    • If a shipment is refused and returned to us the customer must reimburse Consuela for all freight or delivery charges (both to and from customer). Subsequent orders will not be shipped unless we are reimbursed for all such freight charges on refused shipments. Return shipments will also be subject to a 15% restocking fee.


    Claims:



    • All Consuela merchandise has been inspected and packed prior to shipment. Merchandise is sold fob our warehouse, and Consuela’s responsibility ceases when the carrier accepts shipment and issues a receipt. At the time of delivery, please inspect all merchandise for concealed and external damages before you sign the shipping receipt from a carrier. If there are damages, you must file a claim immediately with the carrier. Keep all damaged merchandise in the original carton and hold it for inspection by a representative from the carrier.

    • If you receive merchandise via a carrier and find damages, keep the merchandise in its original packing and call the carrier to pick it up and process it through its damage control center. The carrier will not accept a claim if you throw away any of the packing material or box in which it was shipped. Any claims against Consuela for defects, shortages or errors must be made, in writing, within 30 days of delivery. Failure to make such claim shall constitute full acceptance of the merchandise.


    INTERNET POLICY


    Accounts may advertise and sell Consuela products on their own store website in accordance with Consuela Brand Internet Dealer Application and Consuela Advertising and Media Guidelines only. All store web sites mentioning Consuela or displaying Consuela products must be pre-approved in writing. Contact Consuela Customer Service at (512) 894-3600 for information regarding the approval process. All copy and images not supplied by Consuela must be approved in writing by Consuela. Consuela reserves the right to deny/revoke approval of or require changes to any website we feel does not accurately represent the Consuela brand image or which we feel is in violation of this Internet Policy.


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