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Wholesale Terms and Conditions of Sale
Last updated: April 28, 2022
Thank you for choosing Judith Poe Design!
We promise to do our very best to deliver beautifully handcrafted jewelry, and rest assured, to make right any hiccups along the way. That said, here are some things you may want to know:
Please carefully review these terms and conditions before using any premium feature or services exclusively made available to our wholesalers. By applying for a wholesale account, using your wholesale account, or otherwise placing any wholesale order on the website, you consent to the following terms and conditions.
These Terms of Conditions (the “Terms”) is a binding contract between you and Judith Poe Design (“Judith Poe'', “we” and “us”) when you place your order with us. You must agree to and accept all of the Terms, or you may not use or access the services and offers at any time. The following Terms and Conditions apply to all wholesalers, retailers, catalog (POS) orders and contract holders. By placing your wholesale order with us, you agree to our terms of conditions.
Placement of an order is a binding agreement. Once placed, all orders are considered final and may not be changed or cancelled.
ONLINE SALES: Wholesale accounts are available to brick-and-mortar retail shops, or online retailers with their own storefronts (websites). Businesses are forbidden from selling Judith Poe Design merchandise on any other online retail outlet. Judith Poe Design products may not be sold on Amazon, eBay, Etsy, Walmart or through Facebook Buy-In Groups or any other means.
If you have any questions or concern, please feel free to contact us at email@example.com
MEMBERSHIP / SUBSCRIPTION:
1.1 - Your membership to a wholesale account or subscription to any service exclusively available to wholesale account holders shall be subject to appropriate verification and approval by Judith Poe Design. If you are applying in the United States, you must own a brick and mortar store or an online retail store to apply for or become our retailer. To set up a wholesale account, visit this page and fill out the form to register for a wholesale user account:
1.2 - By applying for a wholesale account on the website, you warrant and give an undertaking that:
You own a valid business entity and are fully authorized (hold all the necessary permissions) to operate your store.
You have all the power, legal capacity, and authorization to enter this agreement with Judith Poe. If you consent to these Wholesale Terms and Conditions on behalf of your business entity, you agree to be personally liable for any kinds of misrepresentation, infringements, violations, acts and omissions or indemnities granted to any party without proper authorization from your business organization.
All information submitted on the website is accurate, complete, and updated to your knowledge. If we believe or become aware at any point that you have submitted any misleading, false, or fabricated information to create a wholesale account on the website, we may restrict, suspend or terminate your account in our sole discretion and without any obligations whatsoever.
You will take all necessary precautions to protect your login credentials and maintain a secure run-time environment of your device. You will be fully liable for all activities that may take place through your account, including but not limited to services subscribed, orders placed, or any derogatory, defamatory, or objectionable content shared on the website.
2.1 - If you wish to collaborate with business entities for distributing or reselling any product line made available by Judith Poe, you must ensure that your business partners/resellers strictly adhere to the same terms, conditions, and guidelines as outlined in this Wholesale Terms and Conditions. The wholesale account of retailers who fail to enforce these terms and instructions with their re-sellers will be terminated in our sole discretion.
3.1 - Judith Poe reserves a right to restrict the sale of any product line to specific regions in its sole discretion and exercise this right on a case-by-case basis. Please acknowledge that any promotional offer, product line, or package size otherwise applicable to any wholesale order may not be available in your region/jurisdiction.
The images of any product line may be software rendered and displayed on the website for illustration purposes only. The actual products may slightly differ from the product photos, considering lighting, color, and gradient differences on electronic devices.
3.2 - HOW TO PLACE AN ORDER:
Email us at firstname.lastname@example.org to book an in-person appointment, have us send you an Order Form via email, or simply place the order with us over the phone.
Please have an order form or the website available for viewing upon starting our call, so you can reference the products and specify all the special details to fit your style.
Submit a request for an in-person appointment at https://www.judithpoe.com/contact
All orders must be placed in writing. Custom orders are not returnable. No exceptions made.
Metal type, gemstone color, and product finish and/or any specific services included will be described in writing on our invoices. Double shipments are subject to a 25% restocking charge. Judith Poe reserves the right at any time after receipt of your order to accept or decline your order for any reason.
You must be a registered wholesaler to submit your wholesale request. If you have not yet submitted your wholesale credentials, please go to www.judithpoe.com, scroll down to the footer and click on "Wholesale." Follow the prompts to submit your information. We will inform you as soon as your wholesale account is approved.
If your wholesale account has been approved, you can login with your credentials and start placing wholesale orders.
Placement of an order is a binding agreement. Once placed, all orders are considered final and may not be changed or cancelled
4.1 - Any product line ordered through your wholesale account shall only be sold at or higher (to accommodate shipping markups) than the manufacturer's suggested retail price (MSRP), as determined and updated by Judith Poe every season.
4.2 - Pertaining to discount offers to sell any product purchased from Judith Poe, the aggregate value of such discounts shall be limited to twenty (20%) percent of the MSRP.
4.3 All retailers must obtain prior written consent from Judith Poe before offering more than twenty (20%) percent discount on the MSRP, which shall not be unreasonably denied but preferably granted on a semiannual basis. Black Friday Sales do not need a written request.
5.1 - All prices are listed in US dollars. All authorized retailers will receive 50% percent off the MSRP, plus the cost of shipping. In the event of a product exchange or replacement, all shipping charges are non-refundable.
5.2 - Prices are subject to change without prior notice. If we find that the price of any product line is quoted incorrectly, we reserve a right to rectify such errors and omissions, even if an order has already been placed. We will do our best to inform you in a timely manner about the correction; however, production will proceed with the placed order at the rectified wholesale price.
5.3 - Our wholesale products and price lists made available by Judith Poe shall be deemed as Confidential Information, to be used by retailers only. Publishing, revealing, or disseminating any Confidential Information disclosed to the retailers is strictly prohibited without prior written consent from Judith Poe. Any failure to maintain the confidentiality of our wholesale prices may result in termination of your wholesale account and Judith Poe may seek compensation for damages caused by your breach of confidentiality obligations.
6.1 - Judith Poe reserves a right to add or remove any payment vehicle in its sole discretion.
6.2 Payment is required for at the time of order placement for all in-person wholesale orders, except for Net 30 days accounts in good standing. Wholesale orders are not returnable.
6.3 All orders must be placed in writing. Additionally, all orders other than e-commerce purchases and/or purchases made with established accounts with payment terms and in good credit standing must be accompanied by a check payable to Judith Poe Jewelry, 580 California St. 12th Fl, San Francisco, CA 94104.
6.3 Judith Poe is pleased to accept VISA®, MasterCard®, Discover® and American Express® as payment for most orders. Credit cards will be charged at the time of purchase, including deposits on special requests and/or custom orders. Custom fabricated products or special order items require a 60% deposit payment with the exception of accounts in good standing with Net 30 days payment terms.
6.4 Purchaser agrees to provide a valid credit card to the Seller to hold on file.
• Established accounts are invoiced Net 30 days unless otherwise stated, according to their credit standing and limit. All others will be invoiced for payment prior to delivery. If timely payment is not made, the Purchaser shall be responsible for interest charges allowable by law and any collection or attorney's fees.
• For net terms accounts, invoices are due in full within the established terms of the order invoice date, and failure to submit payments accordingly shall bear interest from the due date at the rate of 1.5% per month, which is an annual rate of 18%, until paid in full and may result in a suspension of your credit with our company.
• Note to Purchasers with open net terms accounts: A 2.5% processing fee will be charged on all credit card payments for net term invoices when paid during or after the open terms period.
• In the event of default by the Purchaser, Judith Poe shall be entitled to all costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs including fees for dishonored or insufficient funds or checks.
NET 30 TERMS
You may also apply for credit terms with us by filling out an application form with at least three credit references.
You may also get a credit application by request by email email@example.com or by calling us at 415-212-9088 after a minimum transaction of $10,000
Checks returned due to insufficient funds could be considered fraud and Judith Poe reserves the right to subject the check writer to prosecution and fines. However, we understand that usually there is no criminal intent and in these circumstances, we will only charge the customer a reimbursement for bank fees and other incurred costs.
7.1 – Orders are processed pending item availability and credit card verification. Judith Poe will contact you if any issue may arise. We insure all wholesale shipments for the total order amount. All orders will require a signature upon delivery.
7.2 – Shipping is not included in the cost of goods. Depending on the weight, size and destination of the order, all shipping charges are calculated and itemized on the wholesale invoice. We happily take care of all packaging and handling costs.
7.3 – Judith Poe is not responsible for any orders once it is in the hands of the shipping courier, which includes any lost, stolen or misplaced packages during transit or upon delivery.
8.1 An automated electronic order receipt or order confirmation of some sort does not indicate our acceptance of your order, nor does it establish confirmation of our offer to sell.
8.2 Judith Poe reserves the right to accept or decline your order for any reason, even after receipt of your order. All orders are subject to revision and pre-approval with an accepted method of payment.
8.3 Additional order information, verification, revision or clarification may be required before accepting any order. Judith Poe reserves the right at any time after receipt of an order and without prior notice to you to supply less than the quantity order of any item.
INTERNATIONAL ORDERS & SHIPPING
9.1 - International shipping charges will also be calculated at checkout and the fees that apply for Domestic shipping in the last section (7.2).
9.2 – Orders may be subject to additional charges based on taxes, tariffs, and duties put into place by the receiving country. You assume all responsibility for any fees to be paid for at the time of delivery.
9.3 - All international wholesale orders will be shipped via USPS International Priority or FedEx with insurance to prevent any loss or damage in transit.
9.4 - All retailers registered on the website shall be solely liable to ensure that they can import any product line to their shipping destination without violating any laws, conditions, restrictions or guidelines that may be applicable for importing products to such any region or country.
9.5 - The wholesale account holders shall be solely liable for paying customs duties and taxes that may be applicable to their order. Judith Poe shall not be liable for any confiscated packages due to unpaid customs, failure to provide necessary documents or any violation of import restrictions or guidelines that may be applicable to your wholesale order.
9.6 - UK wholesale customers - Effective January 1, 2021, value added tax ( VAT ) must be collected for all goods entering the United Kingdom (UK). There will be a 20% VAT rate on goods valued up to £135 (about $180USD). UK wholesale customers should be held liable and responsible for any fees incurred by their border or customs department.
10.1 - We aim to deliver all orders within 2 to 3 weeks from order placement. Lead time for custom made products depends on availability of manufacturing materials, project magnitude and current workflow. If on a deadline, please request the estimated shipping date at the time the order is placed and be especially clear about your delivery needs on the acquired product.
10.2 - We may need more time to process larger wholesale and international orders, if the order is placed before or during a peak holiday season and/or is larger than usual. In this case, we will contact you as soon as we know the estimated turnaround time to complete the order.
10.3 - If you place an order and your shipping address is not verified, your order may be on hold until our Client Care team reaches out to verify the correct shipping address. All addresses must be verified at the time an order is placed to avoid delays and delivery disruptions.
10.4 - Any processing or turn-around time mentioned thereof is purely based on estimates. While we do our best to deliver timely, we do not guarantee wholesale orders will be processed or delivered within the specified schedule. By placing an order, you agree that we shall not be liable for any delays due to force majeure events, including any non-performance by third-party service providers.
10.5 - If delivery is attempted with no one to receive it, please contact the shipping courier or contact us to reschedule your delivery. If we are unable to reach you and all such delivery attempts are failed, you will be liable to pay a restocking fee as set forth in the Returns and Refunds section.
11.1 Out of stock goods will be back-ordered and recorded on your invoice. If back-ordered goods are in stock at the time of your next order they will be added to your order without duplication. Outstanding back-orders will be shown on each invoice.
11.2 No cancellations allowed on Back Orders. Back Orders under $300 will be shipped on the same terms as outlined in shipping section above. Back orders over $300 no shipping charges will apply.