OPENING ORDERS & NEW ACCOUNTS:
Upon approval, wholesale accounts will be given access to place their opening order per approved resale location. Each account, shipping location and order requires pre-approval from Moodcast Fragrance Co. Orders for new accounts must be prepaid prior to shipment. Payment, including the freight charge, may only be made by credit card unless another payment method has been approved or requested by Moodcast Fragrance Co. Moodcast Fragrance Co. reserves the right to approve or reject an account in its sole discretion.
All orders are subject to corporate approval and Moodcast Fragrance Co. reserves the right to refuse any order. Changes to dated orders must be made at least five days prior to requested ship date. MINIMUM: The minimum order amount per resale/shipping location will be provided to approved accounts. Orders will not be shipped to accounts that are past due. Past due accounts will be billed late charges of 1.5% per month (18% per annum). Stores must actively reorder to the minimum requirement within six (6) months or they will revert to inactive status and will again be subject to opening requirements including new approval.
SALES TAX EXEMPTION CERTIFICATE:
A Sales Tax Exemption Certificate is required at the time you submit an order. Online wholesale purchasing access will not be granted until this form is received. If a retailer is unable to provide an Exemption Certificate, we may be required to charge sales tax. LOCATIONS: Moodcast Fragrance Co. products can only be sold in stores and/or websites approved in advance by our corporate office. If you maintain multiple store locations, whether physical storefronts or internet site, each location is subject to approval by the corporate office prior to the sale of any Moodcast Fragrance Co. products from that location. PRICES: Current prices are as listed on our Price List. Prices are subject to change without notice.
In an effort to promote fair competition across all our retail outlets, we have a Minimum Advertising Pricing (MAP) policy. All Moodcast Fragrance Co. products must, at a minimum, have an advertised price equal to MAP. A current list of all products and MAP can be obtained by contacting email@example.com and requesting pricing. Moodcast Fragrance Co. reserves the right to refuse orders prospectively from Buyers who do not adhere to this policy.
Moodcast Fragrance Co. does not allow restrictions within approved locations. Approved locations may carry any assortment appropriate to their store, subject to account classification (per new account terms and opening order minimums).
All case orders are shipped F.O.B. from our warehouse by commercial carrier unless otherwise specified. Shipping costs vary and you will be responsible for paying all shipping and freight costs relating to your orders.
RETURNS & CLAIMS:
No returns will be accepted. Orders which contain damages, shortages, mis-shipments, or any other issues must be reported to firstname.lastname@example.org within 48 hours of receipt.
Standard payment terms are prepay by credit card. Accounts with balances over thirty (30) days will be placed on credit hold and new shipments will be suspended.
CREDIT CARD POLICY:
Moodcast Fragrance Co. requires purchase by credit card at the time the order is placed. For your convenience, there will be no processing fee for credit cards added to the bill.
Orders refused or returned for any reason without prior approval will be billed for shipping costs as well as a 20% restocking charge. If reshipment is requested, shipping costs and restocking charge will be assessed and billed. Any account that refuses an order a second time will be reviewed for removal from wholesale access.
While Moodcast Fragarnce Co. does not accept checks as payment for wholesale accounts with online ordering access; if, for some reason, a check is used as payment, these terms will apply. Any checks returned will incur a fee of the lesser of $30 or the maximum amount permitted by law. If a check is returned, it will be redeposited. If a redeposited check is returned unpaid, the account will be placed with a third-party collection agency. Any account with a second check returned will be placed on prepaid status. Moodcast Fragrance Co. will not ship any new orders until the NSF-related fees, returned check fees, or any related costs and penalties are paid in full.
If Moodcast Fragrance Co. places a delinquent account with a third-party collection agency or attorney, the account will be assessed costs of collection, including attorney’s fees and expenses. These fees must be paid in full before any shipping can resume.
Online-only accounts must be approved and opened by Moodcast Fragrance Co. Special terms apply. Moodcast Fragrance Co. reserves the right to change these Terms of Sale at any time.
- Moodcast Fragrance Co. permits online retailing of products for all current accounts with a physical retail presence; the items sold online must simultaneously be on display and for sale in your physical store.
- The web environment you create should have a strong connection to your retail store, utilize the same branding and include the address and contact information for your physical store.
- It should be listed on your company website that you are an “Approved Moodcast Fragrance Co. Retailer”, and to avoid confusion, the website should not replicate or imitate www.moodcast.co or any significant aspects of that site, and your website URL should not include the word “Moodcast Fragrance Co.” or any word or phrase similar to “Moodcast Fragrance Co.” or likely to cause confusion with the word “Moodcast Fragrance Co.”.
- The use of proprietary Moodcast Fragrance Co. information such as product dimensions and materials, digital imagery, and video to market Moodcast Fragrance Co. to your customers is encouraged. This content can be requested via email@example.com and each such use must be approved in advance by Moodcast Fragrance Co. in writing. The use of Moodcast Fragrance Co. name, logo, and trademarks must follow our established usage. In addition, all applicable product trademarks must be used, along with accompanying trademark and copyright language; provided, that such use is approved by Moodcast Fragrance Co. in writing in each instance. Notwithstanding anything to the contrary set forth herein, you acknowledge and agree that all trademarks, logos, ideas, concepts, works, plans, reports, content, artwork, designs, models, ideas, derivative works and concepts relating to any Moodcast Fragrance Co. products shall be and remain solely owned by Moodcast Fragrance Co.
- The posting on the web of product prior to official release in the marketplace is not allowed. Email firstname.lastname@example.org to be provided with dates of official releases.
- The use of third party websites such as Amazon and E-Bay to transact sales is prohibited, unless authorized in advance in writing by Moodcast Fragrance Co.
Online marketing to promote and/or sell Moodcast Fragrance Co. brand is permitted in accordance with the following guidelines:
- Digital marketing/advertising assets, including copy and materials relating to Moodcast Fragrance Co. products must be approved in writing by Moodcast Fragrance Co. prior to use.
- The offering of promotions and discounts on Moodcast Fragrance Co. products online is prohibited except when authorized by Moodcast Fragrance Co. in advance in writing. If sales, promotions or discounts (and related advertising) is/are authorized by Moodcast Fragrance Co., you must demonstrate to Moodcast Fragrance Co. that you have sufficient quantities of the Moodcast Fragrance Co. products subject to the sale, promotion or discount available in your inventory for re-sale, prior to marketing or selling any such products pursuant to the applicable sale, promotion or discount. Moodcast Fragrance Co. reserves the right to exclude your account from any and all sales, promotions or discounts for any or no reason.
- The use of any advertising that associates Moodcast Fragrance Co. brand(s), directly (by name) or indirectly (through use of keywords purchased), with any false or unapproved discounts, or promotions from which Moodcast Fragrance Co. is specifically excluded (such as a rewards program or other discounting that does not apply to Moodcast Fragrance Co. products), is prohibited.
- Any paid digital advertising and search advertising (including, but not limited to, Google AdWords, digital content networks, shopping feeds, social media services, and other similar outlets) using Moodcast Fragrance Co. brand trademarks and terminology must be authorized in writing by Moodcast Fragrance Co. in advance.
- Social media/social networking services such as Facebook, Instagram, Pinterest, Tumblr, YouTube, Twitter, and blogs may be used in accordance with all the above guidelines and subject to the following limitations:
- Moodcast Fragrance Co. sales, discounts, or promotions, cannot be promoted using #, @, or photo tags (for example #MoodcastFragranceCoSale).
- Social media presence, similar to all online presence, shall avoid confusion, and shall make it clear to the viewer/visitor that your online store, social media service, page or presence is not Moodcast Fragrance Co. but instead is a clearly identified authorized reseller of Moodcast Fragrance Co.’s products. To this end, the reuse of any Moodcast Fragrance Co. trademark, avatar, or other branded online identity (such as a corporate profile image) in use by Moodcast Fragrance Co. corporate social media is prohibited. Use of “Moodcast Fragrance Co.” or any variation of that name (including misspellings) shall not be part of the social handle or name that is used to represent your company.
- All social media posts/tweets/images that are originally generated by Moodcast Fragrance Co. should clearly be identified as our content by using an @mention (i.e.: @MoodcastFragranceCo) a photo tag, or a url link to the original source.
- Hashtags (and photo tags) using #MoodcastFragranceCo (by way of example only) must be related to our brand or products.
- You agree to remove any social media post, materials, assets, tag(s) or copy posted on the internet relating to Moodcast Fragrance Co. or its products immediately upon Moodcast Fragrance Co.’s request.