Terms and Conditions
These terms are subject to change at any time without notice. All Wholesale or Special Accounts are subject to approval.
Wholesale and Special accounts must meet minimum monthly or yearly order values to avoid being subject to cancellation.
Orders must meet minimum quantity values to qualify for wholesale discount. Special circumstances will be approved on a per account basis.
IntuaBrands, INC reserves the right to cancel or refuse wholesale or special account status.
Shipping: All United States orders get shipped by FedEx ground and International orders are typically shipped via USPS. We are not responsible for delayed time by customs or customs fees and charges. Please contact your local postal office or Customs Office regarding their regulations BEFORE you order. We are a United States company and all orders are shipped from Idaho, USA. Any orders returned to us will be refunded minus the shipping and handling fees as well as any other fees associated with the return.
Returns and Refunds: In most cases, wholesale items are not refundable except for manufacturer's defect. We suggest making your own return policy as we will not be responsible for your customer’s returns for any reason other than manufacturer defect. Please do not have your customers contact us directly. In some cases we will accept returns within 30 days from the wholesaler. Do not return any damage or defective item without return instructions or authorization.
Sales & Advertising: When sold online, products must not be sold for less than Minimum Advertised Price (MAP) as displayed at Nusentia.com and/or OrganicBeautyandSkin.com. Use of Pay Per Click (PPC) advertising to advertise IntuaBrands, INC's products is forbidden. No products or goods purchased from or produced by IntuaBrands, INC shall be resold by or through any on-line auction or online store (such as Ebay, AMAZON, Hyena Cart or other similar sites) without the express, written authority of IntuaBrands, INC. Any member found in noncompliance of these terms subject to lose their special account.
Legal and Further Conditions: You will not transfer any of your wholesale rights under this statement to anyone without our prior written consent and these Terms of Conditions must and will be passed along with any products or merchandise purchased from IntuaBrands INC or any of its officers, assignees, licensees, directors, agents, representatives, wholesalers, manufacturers, distributors, and/or employees.
You acknowledge and agree that:
- The Conditional Wholesale Agreement and our products are proprietary to and commercially and competitively valuable to IntuaBrands INC;
- breach by you of this Wholesale Agreement and/or our Sales and Advertising clause would cause IntuaBrands INC irreparable injury and damage that cannot be reasonably or adequately compensated by money damages in an action at law, and therefore, you hereby expressly agree that IntuaBrands INC shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this or our Sales and Advertising paragraphs by you;
- By this Wholesale agreement, IntuaBrands INC is taking reasonable steps to protect it's legitimate interest in it's trademarks, branding, resale agreements and online presence;
- The rights and obligations of the parties under this Wholesale agreement may be enforced by decree of specific performance issued by a court of competent jurisdiction without IntuaBrands INC posting any bond and such remedy shall not prohibit IntuaBrands INC from pursuing any other remedy, whether at law or in equity, available to IntuaBrands INC for a breach or threatened breach of this Wholesale Agreement and Terms and Conditions, including, without limitation, recovery of money damages from you, disgorgement of the monies or other consideration received by you if any in connection with any breach of agreement and the recovery of any and all of IntuaBrands Inc's actual attorneys fees and costs incurred to enforce this.
Furthermore, you will indemnify and hold harmless IntuaBrands INC and its officers, assignees, licensees, directors, agents, representatives, and employees, from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable outside attorneys' fees) that in any way arise out of or results from your breach of Wholesale Agreement and/or IntuaBrands INC. Terms and Conditions.
Failure to comply with these requirements may, at IntuaBrands INC election, result in: (i) your immediate termination of all wholesale accounts. (ii) The revocation of your privilege of handling any of IntuaBrands INC products or merchandise, and IntuaBrands INC shall have the right to prosecute any such failure to comply with the terms hereof to the full extent allowable under law (with both criminal and civil liability). IntuaBrands INC reserves all of its other rights and remedies in the event that IntuaBrands Inc's policies with regard to Wholesale Agreements and Terms of Conditions are not complied with.
The laws of the State of California shall govern: (i) The validity and interpretation of this Wholesale agreement and Terms and conditions, (ii) The performance by the parties of their respective obligations hereunder, and (iii) all other courses of action (whether sounding in contract or in tort) relating to this Wholesale agreement and/or Terms of Conditions or the termination of this Wholesale Agreement.
Notwithstanding the preceding sentence, any terms or provisions of this Wholesale Agreement and/or IntuaBrands INC's Terms and Conditions which is deemed by a Court or Arbitrator of competent jurisdiction to be invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceable without rendering invalid or unenforceable the remaining terms and provisions of this Wholesale Agreement and/or IntuaBrands INC Terms and Conditions or affecting this Wholesale Agreement and any other jurisdiction.
It is expressly agreed to by you that this Wholesale Agreement is for the benefit of and may be enforced by IntuaBrands INC and it's designees, licensees, affiliates, parents, subsidiaries, successors and/or assigns and that the terms hereof shall survive the expiration or termination of any relationship between you and IntuaBrands INC.
By signing below, you agree to all the above hereto, and to the Wholesale Agreement and INTUABRAND INC’s Terms and Conditions listed above.
