Wholesale Terms of Sale
Wholesale Terms of Sale
These are the Terms and Conditions of Sale of all goods merchandise and services (this "Product" or "Products") supplied by WishStrings Wholesale and its associated and subsidiary companies (this "Company") to any person, firm or company placing an order with the Company for the wholesale purchase of any Product (this "Stockist" or "Stockists"). These Terms and Conditions shall apply unless the Company agrees, in writing, to vary these Terms and Conditions: Please take few minutes to read the below information about the legal terms and conditions that apply to you as a Stockist (Wholesale customer). If you don't agree to these terms and conditions please contact us before placing an order. These terms and conditions, which may be modified from time to time, apply to all Stockists.
• Copyright, trade marks and ownership of rights
• Minimum Quantities
• Shipping and Handling
• Returns & Cancellations
• Payment Terms
• Pre-Orders/ Proforma Orders
• Overdue Accounts
• Non-Refundable Deposits (NRD)
• Limitation of Liability
• Comments, feedback and other
Placing an order with WishStrings Wholesale confirms your acceptance of these terms and conditions and your agreement to be bound by them. If you do not accept these terms and conditions, please cancel your order immediately (within 48 hours of receiving your order confirmation). In the event of a violation of these terms and conditions, WishStrings Wholesale reserves the right to seek all remedies available by law and in equity. We may at any time and from time to time revise these Terms and Conditions by updating this posting. If the terms are amended they will be effective immediately and will be emailed to you.
Copyright, trade marks and ownership of rights
The copyright, trade marks and other intellectual property rights of WishStrings are owned by or licensed to WishStrings and unless authorised, the use or misuse of them is forbidden. ‘WishStrings’ is a registered trademark, ref number UK00003129012, and therefore is protected under UK law. You can view the registered trade mark on the Intellectual Property Office website: www.ipo.gov.uk Our ‘WishStrings’ are protected under UK copyright laws, any use of our intellectual property without our prior consent is deemed ‘passing off’ or ‘Infringement’ which is in breach of our Intellectual Property rights.
‘Passing Off’ under UK law is described as;
“Passing off can occur by somebody adopting the same or similar get-up or appearance of the product or services as yours or by implying to the public that their product and service is somehow or other connected with yours when it is not. Passing off, if established, can be the subject of injunctions awarded by the courts and the party guilty of passing off can be ordered to pay damages and costs.”
‘Infringement’ under UK law is described as;
‘Infringement occurs when someone else uses a trade mark which is the same as or similar to a registered trade mark for the same or similar goods and/or services. Infringement can be restrained by an injunction ordered by the courts. The courts can also award damages and costs to the owner of the registered trade mark which is infringed.’
We take passing off and trademark infringement very seriously here at WishStrings.
Any stockist/persons found to be creating ‘copy cat’ products and/or infringing our intellectual property will have their accounts suspended with immediate effect. Our trademark attorney/solicitors will be notified of the infringement and the appropriate legal action will be taken again the individual/companies responsible.
Approved Stockists are welcome to use any of the images on the WishStrings Wholesale website for the purpose of promoting our Product/s. High res images are available upon request.
Prices shown on order forms are in Pound Sterling (GBP) and are exclusive of VAT. We reserve the right to alter our pricing at any time, unless already invoiced. The RRP for each Product is listed on our main website (www.wishstrings.co.uk) and on our price lists. Stockists are free to set their own pricing as they see fit, but we ask that our Products do not retail under the set RRP, unless they are clearly marked as being on sale.
Minimum order quantities may apply for wholesale orders. Please refer to our website for information on each Product.
Shipping and Handling
Prices do not include Shipping and Handling, which is calculated and applied to your final invoice before final payment. In-stock items usually ship within 1-3 days. Whilst every effort is made to send complete orders we reserve the right to make part deliveries. If you place an order that contains backorder items, these will be shipped once back in stock at no extra cost. Estimated delivery dates are approximate and for guidance only. We try our best to get your order dispatched to you as soon as possible, but we are sometimes affected by delays outside of our control.
Returns and Cancellations
All orders are final and cannot be cancelled once the order has been confirmed by us. We do not accept return of unsold goods or change of mind. To report a faulty item, please email the details of the damage to email@example.com, and quote your invoice number. Non-delivery must be reported immediately (within 72 hours maximum). Return of faulty items should occur within 5 days of receiving them, please send your items back to us via Royal Mail ‘Signed For’ or courier with a tracking number. All items returned must be in original condition with any tags attached. We cannot refund shipping charges. You are responsible for any cost associated with returning the item to us, including any currency conversion costs. We have made every effort to display as accurately as possible the colours of our Products that appear in our sales collateral including campaign imagery, lookbooks, websites; however, we cannot guarantee that our sales collateral will accurately display the actual colours. This is not considered a fault.
Website orders are on a pro-forma basis, and require immediate payment at checkout. Please refer to the website for the accepted payment methods.
Pre-Orders/ Proforma Orders
Pre-orders and Proforma orders are considered final orders and cannot be cancelled once an order confirmation has been sent by the Company. We reserve the right to cancel the production of any of the Products in our range. If this occurs, the payment received for the cancelled Product will be refunded in full to the stockist.
All goods supplied remain the property of The Dreamer Label until payment is made in full. If we have your credit card details on file, we reserve the right to automatically charge your card the overdue amount without prior notice. Any accounts that are outstanding for over 60 days may incur a late payment fee of 3% and may be passed on to debt collection. Any fees involved in recovering the debt is the responsibility of the Stockist.
Non-Refundable Deposits (NRD)
As we produce to order, most ordered Products will require a non-refundable deposit (NRD) which will secure your pre-order through the production process. Failure to pay a deposit may result in an order being cancelled.
We do not offer stockists exclusivity on our Products.
This Website and all Content of the Website are provided to our Stockists and prospective Stockists "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL WishStrings Wholesale BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR THE SUPPLY OR DELIVERY OR NON-DELIVERY OF PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WishStrings Wholesale IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Comments, feedback and other
We're always happy to hear from you and welcome your comments, suggestions or feedback. Please feel free to contact us at firstname.lastname@example.org