Wholesale Terms and Conditions
WHOLESALE TERMS & CONDITIONS
This is a legal contract and agreement (“Agreement”) between you and ANNTARAH (“ANNTARAH”). By accessing, browsing, and using ANNTARAH’s Brandboom Portal (“Site”) to purchase garments and other products (“Merchandise”), you (i) acknowledge that you have read, understood, and accepted the terms and conditions of this Agreement, and (ii) agree that such terms and conditions are a legal contract by which you are bound and which govern the purchase of Merchandise by you from ANNTARAH.
If for any reason you do not agree with and accept all the terms and conditions of this Agreement, you should discontinue using this Site for purposes of purchasing Merchandise.
As discussed below, ANNTARAH reserves the right, from time to time, to change this Agreement.
PRICE, QUANTITY, PAYMENT TERMS, AND ACCEPTANCE OF ORDERS
1 The price and quantity of Merchandise purchased and sold will be stated on your purchase confirmation that will be e-mailed to you at the e-mail address you provided during the registration process. Freight costs, which are paid by you, may only be estimated. Actual freight costs may vary.
2 Unless otherwise agreed to by ANNTARAH, payment of the purchase price is due and owing at the time you submit your order. Payments may be made by credit card. ANNTARAH, in its discretion, may agree to other payment terms, subject to prior credit approval.
3 All orders are subject to approval and acceptance by ANNTARAH. ANNTARAH may reject orders for any reason, including without limitation a decision based on your credit status.
4 Minimums are stated next to each item and new customer orders $ minimum is $250.00 unless otherwise stated or approved.
5 If We are unable to supply you with any Product(s) ordered, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid in respect of the relevant Products as soon as is reasonably practicable, where you have already paid for the Products.
6 We must receive payment within 7 calendar days of your receipt of the Invoice in full for both the price of the Products ordered and any delivery or other applicable charges (if any) before We accept your Order. Once your Invoice is paid, then your Products will be dispatched to you as indicated by you.
The risk of loss shifts to you after ANNTARAH has delivered the Merchandise to the common carrier for shipment. ANNTARAH is not responsible for any delays after ANNTARAH has delivered the Merchandise to the common carrier.
DELIVERY AND INSPECTION
Delivery dates are estimated and are based upon market and production conditions at the time of your order. ANNTARAH is not liable for any delay in or failure to make one or more shipments if such delay or failure is due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine, restrictions, mill conditions, strikes, delays in transportation, fuel, parts, labor or materials, or any other circumstances or cause beyond ANNTARAH’s control.
You are required to promptly inspect the Merchandise upon delivery. You should immediately notify ANNTARAH if the Merchandise does not conform to your order or if the Merchandise is defective.
ANNTARAH will consider authorization of the return of Merchandise only if the request is made within thirty (30) days after the date of delivery to you of the Merchandise.
You may not return any Merchandise after it has been decorated, modified with embroidery, or otherwise altered.
Before returning any Merchandise to ANNTARAH, you must obtain prior authorization from ANNTARAH. Merchandise may not be returned without first obtaining authorization from ANNTARAH. You may request authorization by calling the ANNTARAH emailing firstname.lastname@example.org. The customer service department will reply to your via email or phone within 2 business days.
LIMITATION OF LIABILITY
THE LIABILITY OF THE ANNTARAH ARISING OUT THE SUPPLYING OR SELLING OF THE MERCHANDISE, OR ITS USE BY YOU OR YOUR CUSTOMER, AND WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE. THE REMEDIES SET FORTH ABOVE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF YOU AND THE SOLE AND EXCLUSIVE LIABILITY OF ANNTARAH WHETHER THE CLAIMS ARE BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ANNTARAH BE LIABLE TO YOU OR YOUR CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PROPERTY DAMAGE, LOSS OF USE, EXPENSES OF RECALL, OR OTHERWISE.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter. These terms and conditions may not be altered, supplemented or amended by the use of any other documents.
ANNTARAH may change this Agreement at any time without notice by updating the wholesale website portal and the change is effective immediately upon such posting and change to the Site. By using the Site for purposes of purchasing Merchandise, you agree to be bound by any such changes. You should periodically visit the Site and this page to determine the then current terms and conditions of which you are bound.
APPLICABLE LAW AND VENUE
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ANNTARAH’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may be assigned in whole or in part by ANNTARAH. This Agreement may not be assigned in any manner by you without the express, prior permission of ANNTARAH. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Multnomah, Portland, Oregon (the “Oregon Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of relating to this Agreement except in the Oregon Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.