Wholesale Agreement and Terms of Sale
Your submission of this Wholesale Application indicates that you agree to the terms of the following Wholesale Agreement:
1. MINIMUM ORDER REQUIREMENTS
Penchant offers the following Wholesale Account purchase option as outlined below. All orders must meet the minimum initial order.
Minimum Order Amount: 1 case / 25 units
Products or goods purchased from Penchant shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Wholesale Account chooses to place the products or goods for sale at a discount, the Wholesale Account shall not discount the products more than 15% below MSRP.
The following are the most current MSRP's of Penchant brand products:
Penchant Bare Ingrown Hair Serum - $17.95
3. WEB COMMERCE
Wholesale Account is authorized to sell products produced by Penchant in their own online marketplace/store, provided that the store is owned by the entity applying for a Wholesale Account and listed on the Wholesale Application to be approved by Penchant. Wholesale Account is NOT authorized to resell any products or goods produced by Penchant on any online auction or external online store (such as Ebay or Amazon.com).
4. PRODUCT IMAGES
Penchant will make available images that you might require for your print and online presence. Should you require any additional images, please contact us.
5. RESELLING TO WHOLESALE ACCOUNTS
Wholesale Account will not sell, distribute, market, or ship any Products of Penchant to any reseller.
6. PAYMENT METHODS
At this time, Penchant is not extending credit terms. All orders must be accompanied by pre-payment. We accept credit card payment online via our website, or through paypal.com. For orders over $1,000.00 we can accept a credit card online/in-person or over the phone. We do not accept checks.
All products come packaged and retail-ready.
Items will not be shipped until full payment is received. No COD orders. We use USPS priority mail shipping, based on cost affordability, unless you specify/request a quicker mode of shipping. On all orders, we include the cost of packaging materials and handling fees in your shipping total.
9. SHIPPING ERRORS, RETURNS, AND WARRANTY
Order errors must be brought to Penchant Customer Service attention within 5 business days of receipt of shipment. We endeavor to protect your reputation, and ours; if you or your customer finds an issue related to damage or manufacturing defects during the first 90 days from shipment we will exchange the defective unit. All wholesale sales are final and any exchanges must have a return authorization number. Please contact your representative with any questions and we will be happy to help.
10. MERCHANTABILITY AND MISREPRESENTATIONS
The Wholesale Account will use its best effort to promote demand for and sale of Penchant products. Wholesale Account agrees that Penchant makes no warranty, express or implied, as to the merchantability of Penchant products. Wholesale Account also agrees that Penchant is not liable for any misuse or misrepresentations of the goods by the Wholesale Account or the final retail purchaser or consumer, and indemnifies Penchant for any legal actions that emanate from such actions. Wholesale Account explicitly agrees to refrain from making any health claims about the product that are unsubstantiated by science. Wholesale Account shall bear the sole responsibility of any other warranties or representations it makes to its customers regarding the Products.
Wholesale Account will not register any top-level domains containing Penchant’s Trademarks.
12. RELATIONSHIP, GOVERNING LAW, NO ASSIGNMENT, LIABILITY LIMIT
The parties shall at all times remain independent contractors and no agency, partnership or joint venture is created by this Agreement. This Agreement shall be governed by the laws of the State of Washington, USA, and any legal action arising from it will be commenced in Washington. In no event will Penchant’s liability to Wholesale Account exceed the amounts actually paid by Wholesale Account to Penchant under this agreement.
Penchant reserves the right to change the terms of this Agreement as necessary. Penchant may terminate this agreement upon written notice to Wholesale Account in the event that Wholesale Account breaches any term of this Agreement or any of Penchant’s then current Wholesale Account guidelines. Prices are subject to change without notice. Either party with 30-day written notice can terminate wholesale relationship.