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USA — BLUEBIRD SHOWROOMS: LOS ANGELES
Sales Director : Aimee Moss aimee@bluebirdshowroom.com
The Cooper Building 860 S. Los Angeles st #412, Los Angeles, CA 90014
Tel: 213.624.6040 Fax: 310.388.3260
UK, REPUBLIC OF IRELAND, FRANCE, ITALY, NORWAY, SWEDEN, DENMARK, FINLAND, RUSSIA, POLAND, CROATIAN COUNTRIES,
SWITZERLAND, AUSTRIA — SELF SERVICE LTD
25 HARCOURT STREET, LONDON -W1H 4HN
T: +44 (0) 20 7725 5700
E: agency@selfserviceuk.com
AUSTRALIA/NEW ZEALND — LENKO DISTRIBUTION
| 37 Swanson St Shop 5 Cathedral Arcade |
| Melbourne, 3000 AU |
Wholesale Account Policy
Terms and Conditions
All sales made by SpiritHoods (“seller”) to you (“customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by SpiritHoods in writing. SpiritHoods’ reserves the right to alter these terms and conditions of sale at any time at its sole discretion.
SpiritHoods reserves the right to accept new accounts at our sole discretion and seller may discontinue any product at any time. All sales are contingent upon customer’s acceptance of Terms and Conditions.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.
Payment Terms
Orders will not be shipped until full payment is received. Preferred method of payment is VISA, Mastercard, Discover, or American Express. Seller also accepts Electronic Funds Transfer and Check. No net terms or COD, unless written permission is received. The customer will pay international wire transfer fees. Seller is not responsible for any International Customs or duty charges associated with any order. It is the responsibility of the customer to understand and pay any necessary fees associated with importation.
Shipping
Payment must be made in full before orders will be released for shipment. Orders placed with the showroom by 1 PM will be shipped same day and orders placed after 1PM will ship the following business day. Seller ships through FedEx unless customer requests USPS (domestic orders only). Customers may request shipment be sent through a different third party courier at their expense and will be responsible for any fees associated with international orders.
Default
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller will charge Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.
Credit Card Information
Customers can provide Credit Card info by filling out a “SpiritHoods Credit Card Authorization Form” and faxing it to Bluebird Showroom. Customer credit card information is NOT stored on SpiritHoods’ servers. It is encrypted at AUTHORIZE.NET (credit card processor) in compliance with PCI standards. Customers may formally request a change in the card on file via “SpiritHoods Credit Card Authorization Form” OR make a written request on the CC Authorization Form that you would not like to have your Credit Card Info stored at all.
Orders
All US orders are to be placed through Bluebird Showroom via phone, email or fax:
Bluebird Showroom
Phone: 213-624-6040
Fax: 310-388-3260
Seller will provide email notifications to the address on file for the following:
1) Order Placement
2) Order Payment
3) Order Shipped (shipping notification contains tracking information)
First time minimum order is 12 full hoods, reorder minimum is 7 hoods of any kind.
Backorders
Customers will be notified if any items ordered are not in stock, along with the expected arrival date. Back-ordered items will be treated as separate orders and will be processed as such: Payment for backorders will be processed at the time of shipment and are subject to standard shipping charges.
International
Seller will provide all necessary paperwork for international shipments, including commercial invoices, certificate of origin, or NAFTA forms. Customers may be charged customs’ fees (taxes, duties, processing fees, etc.) when it arrives. Unfortunately, SpiritHoods has no control over these fees. It is the responsibility of the customer to pay these fees. Check with local customs office for more information. Shipping charges billed to the customer by SpiritHoods do not include these fees.
Customer Service
For all customer service inquiries, please contact:
Bluebird Showroom
213-624-6040
Retail Pricing
We ask customers to comply in maintaining the integrity of the brand and balance in the marketplace by selling the product at Manufacturer Suggested Retail Price (MSRP) and not below. Our wholesale relationships are based off the mutual understanding that retail is to be maintained to a standard mark-up.. Special promotions, free shipping and limited time offers are acceptable but should be communicated with the company, the representative etc so that we are aware and are able to monitor any issues we have regarding under-cutting.We reserve our right to terminate the business relationship at any time for failure to maintain ethical and fair market place conditions and unfair business practices.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. SpiritHoods reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER.
Return and Exchange
SpiritHoods does not offer refunds. For defective or damaged merchandise, request a “Return Request Authorization Form” from Bluebird showroom and arrange shipment by contacting:
Patrick Cahill
SpiritHoods Accounts Manager
P: 213-542-5569
F: 232-297-1909
A “Return Request Authorization Form” must accompany all returns/exchanges. SpiritHoods will offer credit/exchange for non-faulty merchandise that passes the Quality Assurance Inspection. These exchanges are subject to a %10 restocking fee. Customer will pay all shipping costs associated with these types of returns/exchanges. In the case that faulty merchandise is returned for credit, SpiritHoods will not generate credit until the merchandise is received.
Event Consent
Vendor must obtain written consent to sell SpiritHoods at any location, event, or online store outside their primary place of business, including festivals, concerts, parties, promotional events, etc.
Territories
Customers are not allowed to sell any merchandise to other retailers under any circumstances. New store locations must be approved in writing. Seller is not obligated to offer any exclusivity rights to any customer for any reason.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders. All custom orders require a 50% deposit prior to commencing production, with the balance to be paid upon terms assigned by Seller. Order will not be placed without signed order confirmation from customer. NO MODIFICATIONS OR CANCELLATIONS WILL BE ALLOWED ONCE ORDER CONFIRMATION HAS BEEN SIGNED AND MERCHANDISE HAS ENTERED PRODUCTION. Delays in the approval phase of a custom order may result in delivery delays. Seller will revise ship date as delays occur. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer. All custom order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. Customer shall assert claims for shortages or defective merchandise in accordance with the Terms and Conditions of Sale within 7 days of receipt of goods by the Customer. Shipment and receipt dates quoted to Customer will be approximate and are not guaranteed. Seller will not be liable for delays arising or resulting from customs inspection, clearance, or acts of omission by Customer.
Jurisdiction/Governing Law
Seller is headquartered in the State of Oregon, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Oregon (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Oregon and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Oregon in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by SpiritHoods or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by SpiritHoods may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to SpiritHoods or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
