BUYER TERMS AND CONDITIONS ACCEPTANCE:
Opening order/Reorder: $795.00 USD**
Sizes: For clothing/accessories, three different sizes in the same color and trim must be ordered for any chosen style. Sizes need not be consecutive.
Quantity: A minimum quantity of 6 pieces in the same color/trim for any chosen style must be ordered.
**Before shipping costs
2. PAYMENT & ORDER TRANSACTIONS
2.1 Unless otherwise agreed to in writing, payment for the Goods shall be made at the time the order is placed via Buyer’s credit card on file or Paypal.
2.2 Speak The Blessing, Anointed Oils may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to Buyer. Speak The Blessing, Anointed Oils shall not be liable for any loss or damage whatsoever arising from such cancellation. At the discretion of Speak The Blessing, Anointed Oils, a credit memo and/or refund- in this instance only, will be processed.
2.3 Once you submit an order, it cannot be cancelled by you. All sales are final.
2.4 Any variation to any order must be agreed to in writing. The total price may alter as a result of any variation and Buyer agrees to pay any increase.
2.5 Restocking fees: Seller reserves the right to charge restocking fees. Buyer shall be charged a 20% restocking/cancellation fee. Restocking fees will be charged to your credit card on file at the time of the transaction.
2.6 No refunds will be processed. When applicable, a credit memo will be issued to be used towards a future order or invoice.
2.7 Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods.
4. SALE OF GOODS & MSRP
4.1 You acknowledge that you are acquiring the Goods for the purposes of trade or business only.
4.2 Any resale of Speak The Blessing, Anointed Oils products on public forums such as Amazon.com , Ebay.com or Zulily.com are expressly prohibited. Lucy Lue Organics shall have sole discretion to determine what public forums, if any, are eligible for Buyer resale.
4.3 The Goods must be sold at the recommended retail price (as notified to you by Speak The Blessing, Anointed Oils) unless the Goods are advertised as being “on sale” or the equivalent.
5. SHIPPING AND RISKS
5.1 For orders within the United States: Unless otherwise agreed to in writing, Speak The Blessing, Anointed Oils shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. Orders will be shipped via FedEx, UPS or USPS. While the delivery service utilized by Speak The Blessing, Anointed Oils may include insurance for the Goods during transit, Speak The Blessing, Anointed Oils makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier. Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.
5.2 For International orders: Unless otherwise agreed to in writing, you shall be responsible for the cost of transportation of the Goods from the premises of Speak The Blessing, Anointed Oils. Risk in respect of the Goods shall pass to you when the Goods are made available to the delivery carrier. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery (carrier).
6. NOTICE OF DEFECTS/RETURNS
6.1 The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after receiving the Goods. The Seller cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered matches the items ordered / invoiced.
6.2 If a part of the order is delayed or if part of the order is defective or deficient, the order may only be remedied for that part of the order.
7. ACCEPTANCE OF GOODS WITH KNOWN DEFECTS WAIVES CLAIMS FOR DAMAGES
8.1 It is the responsibility of the Buyer to inspect upon receipt, that all merchandise delivered reflects exactly the items purchased and invoiced (See item #7 for Notice of Defects).
8.2 Purchases made by Buyer through Speak The Blessing, Anointed Oils Wholesale are ineligible for return. Under certain conditions, exchanges may be made for unsatisfactory merchandise that is unused and in original packaging with all tags attached. Whether or not items are eligible for exchange is at the sole discretion of Speak The Blessing, Anointed Oils. All exchanges must be initiated within 7 days of receipt of goods.
8.3 In the event of an exchange of merchandise, the Buyer is responsible for all shipping fees, both in shipping product back to Seller as well as the shipping of the new product to the Buyer. Buyer authorizes Seller to sell any garments that have been exchanged, rejected, or abandoned.
9. MODIFICATION OF GOODS
10. SAMPLES AND IMAGES
11. INTELLECTUAL PROPERTY
11.1 You undertake to use the Brand Name and, if required by Speak The Blessing, Anointed Oils, Logo when advertising Goods supplied by Speak The Blessing, Anointed Oils and anywhere where the Goods are described or named including on websites, labels and invoices.
11.2 Speak The Blessing, Anointed Oils grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Speak The Blessing, Anointed Oils Brand Name and, if applicable, Logo for the purposes mentioned above in this section.
11.3 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 Speak The Blessing, Anointed Oils.
11.4 The license in clause 11.2 may be revoked by Speak The Blessing, Anointed Oils by written notice to you.
12.1 where you have altered or modified the Goods, misapplied the Goods, not followed Speak The Blessing, Anointed Oils’ instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;
12.2 for defects in any Goods manufactured by any Third Party;
12.3 for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
12.4 for any indirect or consequential loss of any kind
13. EXCLUSION OF IMPLIED WARRANTIES
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 Speak The Blessing, Anointed Oils 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 Speak The Blessing, Anointed Oils 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, Speak The Blessing, Anointed Oils shall have the right to deal with the Goods at its absolute discretion.
16.1 AGREEMENT TO BINDING ARBITRATION
Speak The Blessing, Anointed Oils and Buyer agree that upon the demand of either party, any claim or dispute between Speak The Blessing, Anointed Oils 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. Speak The Blessing, Anointed Oils 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 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL
Speak The Blessing, Anointed Oils and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Speak The Blessing, Anointed Oils 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 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.
AGREEMENT AND ACKNOWLEDGMENT
For wholesale inquiries please contact us at firstname.lastname@example.org
Date Created: 06/17/2023
Last Modified: 6/6/2018