Terms and Conditions
Buyer(s) consent to the following Terms and Conditions:
peeLUX LLC (herein after "COMPANY" and/or "Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this credit/buyer application, order confirmation and/or invoice supersede the terms and conditions of the Buyer's purchase order(s) and will govern all transaction between the Buyer and the Seller. These terms and conditions also apply to all future transaction unless modified in writing signed by all parties. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. Buyer's acceptance of goods delivered by Seller in conjunction with this invoice, credit/buyer application, or order confirmation is an acknowledgement by Buyer of its acceptance of these terms and conditions.
COMPANY reserve the right to revise these terms and conditions. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes.
Re-Selling Policies
You may not resell or re-convey, or offer to sell or re-convey, any COMPANY products to any person or entity, under any circumstances or through any means. As a condition of buying COMPANY products from us now, you agree that these terms apply to ALL COMPANY products you now have or later acquire, whether or not obtained from us and whether or not such products were previously or would otherwise be subject to these terms.
Internet Retailing
Retailers are permitted to re-sell COMPANY products in their own stores and online on their company store sites ONLY. COMPANY will support retailers with images for the site. Retailing on aggregators/reseller/Co-op sites, such as Amazon and EBay, is expressly prohibited. COMPANY products will be sold to end customers ONLY. We do not accept 3rd party selling or marketing (i.e., web link for product published on Amazon) on Amazon or any other consumer site. If a retailer violates this policy or the pricing policy, it will be required to immediately return product at its expense plus a 25% restocking fee.
Pricing
All prices are listed in US dollars.
All prices are subject to change without notice.
Minimum Advertised Price Policy (MAP)
COMPANY’s minimum advertised price policy is to provide our retail partners and consumers with a unified advertised pricing structure and maintain the reputation for high-quality products. This MAP Policy is intended to encourage competition in the sale of products in a manner that is consistent with the long-term interests of resellers and their customers and the maintenance of an orderly market. This MAP policy is directed at advertised prices only and not at the prices actually charged by resellers. Resellers remain free to determine the actual resale prices of any and all products based on their own preferences. The MAP policy applies to all forms of advertising placements including but not limited to: Print ads (inserts, magazines, newspapers, catalogues, mail order catalogues, etc.); Broadcast (radio and TV), direct mail, faxes, Internet placement with third parties (banner ads, broadcast emails, destination pages, third party sites); Internet placements on reseller's own website and elsewhere; and any flyers, emails, posters or coupons. Retailers are not permitted to not re-sell our products for less than the MAP on the order form unless written permission from COMPANY is given for a special promotion.
While retailers are free to conduct business as they choose, COMPANY reserves the right to terminate any account we feel does not honor COMPANY’S Minimum Advertised Price Policy and require that terminated retailer to return all unsold product immediately. 25% restocking fee may apply.
Brand Equity Preservation
COMPANY and its retail partners agree to a unified pricing structure to protect the brand, the products of the company and the margins for our partners worldwide. Retailers that commit to protecting their margins and our branding and pricing are welcomed partners. COMPANY reserves the right to terminate any account that does not honor this Brand Preservation Policy
Minimum Opening Order
We require a low minimum opening order of: $144 credit card payment.
Exclusivity
We don’t offer exclusivity to any internet retailer or brick-and-mortar retail shops under minimum orders and reorders.
Payment Terms
Prices do not include shipping, bank fees, insurance, applicable taxes, duties, or other third party fees or charges, all of which shall be the Buyer’s responsibility.
Payment
We accept Visa, MasterCard and American Express credit cards.
We do not accept COD payments.
Credit Terms
You understand that your opening order will be prepaid before receiving the goods.
International Orders
International orders must be fully pre-paid.
Please note, we are not able to estimate duties and taxes that you may be due to pay.
Delivery
We make every effort to stock items for immediate delivery.
Despite our best efforts, orders do not always ship complete. Special requests concerning backorders should be noted in writing when the order is placed.
Unless otherwise requested, we back- order items if they are out of stock when you order. Shipping charges are added to backorders. Customer is responsible for canceling any unwanted backorders.
Notice of Defects/Returns
Any merchandise with visible damage must be noted to the delivery service upon receipt in your store or warehouse.
Defects related to shortage, damage of packaging, or damaged product, must be reported to our office within five (5) business days of receipt of merchandise. If you need to return a defective item, please call or email for our return authorization number. Returns without this authorization number will be refused.
Buyer shall not sell or attempt to sell Seller’s products with any known defects and shall return such defective items.
Returns/Cancellations
It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order. All returns must be made within 7 days after receipt of Seller’s return authorization. Returned merchandise is subject to a 25% re-stocking fee except where return is due to defect, late delivery, or damage caused by consumer.
As soon as you place your order we begin the order fulfillment process. Therefore, we are not able to accept cancellations without a 25% restocking fee. We require that all cancellations and/or changes to pending orders be given in writing.
All freight charges related to returns and cancellations are the responsibility of the customer.
Jurisdiction
Any transactions between the Buyer and the Seller are governed by the laws of Oregon. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Hood River County, Oregon, for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.
EXCLUSION OF IMPLIED WARRANTIES
THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
Notice
Prices and terms are subject to change without notice. We regret any typographical errors and cannot be held responsible for them.
Updated October 27, 2017