WHOLESALE ORDER POLICIES


SOPHIA & CHLOE TERMS & CONDITIONS:

 
Seller (Sophiaandchloe.com) does not accept any terms and conditions other than those expressly set forth herewith. Seller hereby offers to sell such products to Buyer only upon the following terms and conditions; acceptance of such products by Buyer shall constitute assent to said terms and conditions. If any of the provisions of Buyer’s purchase order or other writings are in conflict with the terms and conditions of this document, the terms and conditions of this document shall govern. If any provision of the Terms and Conditions is determined to be unenforceable, the other provisions shall remain valid and the offending provision shall be enforceable to the extent that the scope of the provision can be reduced to make it reasonable and valid.
 
Opening orders are shipped Visa, MasterCard, Amex, or prepaid. Net 30 terms are available on subsequent orders only on approval from the Seller. Please contact Sophia & Chloe for credit application. Customers with annual sales of less than $1,000 shall be considered new customers for subsequent orders. Seller reserves the right to review accounts with past due amounts or slow payment history, and alter terms to credit card or cash in advance. For international orders, payment terms are prepaid only by wire transfer, credit card, or certified check written on a U. S. Bank.
 
Credit card payment accepted and charged only at time of shipment.
 
In the event that the Buyer does not pay the purchase price when due, interest at 1.5% per month or an Annual Percentage Rate of 18% shall be charged on the total amount
remaining due. All costs of collections, including reasonable attorney’s fees shall be paid by the Buyer. There will be a $30.00 service charge on all returned checks. Buyer
authorizes Seller to charge outstanding invoice amounts to credit cards held on file. Buyer agrees that any credit balance transactions not applied or requested within one
(1) year will be subject to forfeiture, and Seller shall have no further liability.
 
For Buyers with established credit, terms are as noted on invoice. All payments must be in U.S. dollars. If Buyer fails to make payment within granted terms, Seller may defer
shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
 
Companies refusing COD shipments made according to order will be billed for the shipping and restocking fees, which are 25% of the total order. No returns will be accepted without written permission of the Seller. Unauthorized returns are subject to a 25% restocking fee and the cost of shipping both ways.
 
Seller reserves the right to set and change merchandise prices at will and without notification.
 
Claims for merchandise delayed, lost, or damaged in transit must be made with the transportation company, as Seller’s responsibility ceases on delivery of goods to carrier in good condition.
 
Defective goods may be returned to Seller, after inspection by Seller and only upon receipt of definite instruction from Seller. Goods so returned and found to be defective will be replaced or repaired without charge, but Seller shall not be liable to Buyer or any other person for loss or damage directly or indirectly arising from the use of the goods, or from any other cause, the exclusive remedy against the Seller being to require replacement or repair of defective goods. Every claim on account of defective goods, short count, or for any other cause, shall be deemed waived by Buyer unless made in writing within seven (7) days from the date of receipt of goods to which such claim relates. Liability for consequential and incidental damages are hereby expressly excluded. No claim of any kind, whether as to goods delivered or for non-delivery of goods, shall be greater in amount than the purchase price of the goods in respect of which such damages are claimed.

Seller shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting for the handling, possession, or use of the goods by Buyer.
 
Cancellation: As products are made to order, all cancellations must be made in writing no later than seven (7) days of the purchase order being signed by Buyer. In the event an order is reduced or canceled, the customer is liable for the following:

(a) whatever merchandise has been produced;
(b) all materials at cost, purchased solely and specifically for the order;
(c) where charges are applicable, customer will be notified and billed immediately;
(d) a minimum cancellation charge or restocking charge of 25% may apply to cover administrative and production disruption.
 
Delays: While Seller makes every attempt to ship orders when requested, delays may be unavoidable, due to the availability of raw materials. As a result, Seller does not guarantee ship dates and will not be held liable for late delivery. Seller may attempt to inform the Buyer of any delays.
 
Seller is not responsible for any loss or damage occurring by reason of delay or inability to deliver caused by acts of God, war, common disaster, fires, strikes, accident, delays of common carriers or from any other cause which is unavoidable or beyond its reasonable control.
 
From time to time substitutions must be made depending on the availability of raw materials.  In these cases, seller will make every effort to build and ship a design that is of similaror higher caliber in terms of stone quality and craftsmanship.  For example, rather than send a flawed stone, seller may elect to upgrade the design with a larger, cleaner stone that seller has in stock – at no extra charge to the buyer.
 
Seller reserves the right to alter the products and packaging without warning.
Seller reserves the right to set and change merchandise prices at will and without notification.
Seller does not promise exclusivity in any market area.
 
All purchases are for retail resale at the shipping address provided by the Buyer. Products may not be redistributed nor sold at wholesale, nor by mail order catalog, nor on a website without the express written permission of Seller.
 
All orders are subject to Seller approval. No representative of the Seller is authorized to make any oral commitments, promises, warranties or representations or modifications of these terms.