Wholesale/Retail Terms & Conditions
WHOLESALE/RETAIL TERMS AND CONDITIONS
TRAVEL PHOTOGRAPHY FINE ART PRINTS BY LAUREN GIBSON, CHARLOTTE TO PARIS
BUYER TERMS AND CONDITIONS ACCEPTANCE:
Travel Photography Fine Art Prints by Lauren Gibson of Charlotte to Paris (hereinafter “Charlotte to Paris" and/or "Seller") acceptance of your (the “Buyer”) wholesale orders is expressly made conditional on Buyer's agreement to these terms and conditions. The terms and conditions set forth on this wholesale/buyer policy, order confirmation and/or invoice will govern all transactions between the Buyer and Charlotte to Paris. Charlotte to Paris 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.
By requesting Charlotte to Paris to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.
1. ORDER MINIMUMS
Minimum Order Values:
Opening Order: $200 USD**
Reorders: $150 USD**
Quantity: Charlotte to Paris recommends but does not require that the Buyer places a MOQ of two (2) per SKU. This is not a requirement; so long as the order meets the MOV (Opening Order $200 USD / Reorders: $150 USD**).
**Before shipping and delivery costs
2. PAYMENT & ORDER TRANSACTIONS
2.1 Wholesale orders placed directly with Charlotte to Paris are accepted on our excel order sheet, downloadable online. Buyers can submit completed order sheets to wholesale@charlottetoparis.com. The Charlotte to Paris invoice is the buying contract. An Invoice is sent electronically by email, with a payment link.
Opening orders: Along with the invoice, a payment link will be sent for 100% of the order value (including shipping costs), due within 7 calendar days of the order confirmation. Orders will not be shipped until the Buyer successfully completes the payment (pays in full) for the opening order. Without this payment within 7 calendar days, the order will be canceled automatically.
Reorders: Along with the invoice, a payment link will be sent for 50% of the order value (plus shipping costs), due within 7 calendar days of the order confirmation. Orders will not be shipped until the Buyer successfully completes the commitment payment (50% of order value). Without this payment within 7 calendar days, the order will be canceled automatically. Upon order delivery, Charlotte to Paris will send a payment link for the remaining 50% of the order value, due within 7 calendar days of the delivery date as indicated by the shipping carrier. Any paid commitments/deposit payments are non-refundable if balance is not paid.
2.2 Wholesale orders placed through Faire are accepted via the Faire Wholesale Buyer portal.
2.3 For all wholesale orders: Once an order is confirmed, the order is binding and no changes or cancellations will be accepted.
2.4 Charlotte to Paris may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to the Buyer. Charlotte to Paris shall not be liable for any loss or damage whatsoever arising from such cancellation. At the discretion of Charlotte to Paris, a credit memo and/or refund in this instance only, will be processed.
2.5 Any variation to any order must be agreed to in writing. The total price may alter as a result of any variation and Buyer agrees to pay any increase.
2.6 Restocking fees: Charlotte to Paris reserves the right to charge restocking fees. Buyer shall be charged a 30% restocking/cancellation fee. Restocking fees will be invoiced to you and are due within 7 calendar days of invoice date.
2.7 Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods.
3. ORDER FULFILLMENT AND PROCESSING
3.1 Wholesale orders are processed, hand-signed by the artist, packaged and ready for shipment within 7-10 business days. Orders will not be shipped before the preliminary payment has been made by the Buyer (100% of order value for opening orders, 50% of order value for reorders).
3.2 Charlotte to Paris reserves the right to extend this timeline for order fulfillment and processing, with all reasonable efforts made to provide advance notice to the Buyer prior to order submission and invoice generation.
4. DUTIES/TAXES/FEES
All export and import documentation, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.
5. SALE OF GOODS & MSRP
5.1 The Buyer acknowledges that the Buyer is acquiring the Goods for the purposes of trade or business only.
5.2 Any resale of Charlotte to Paris products on public forums, including but not limited to Amazon.com , Ebay.com, Etsy.com, or Zulily.com are expressly prohibited. Charlotte to Paris shall have sole discretion to determine what public forums, if any, are eligible for Buyer resale.
5.3 The Goods must be sold at the minimum recommended retail price (keystone pricing, unless notified otherwise by Charlotte to Paris), unless the Goods are advertised as being “on sale” or the equivalent.
6. SHIPPING, DELIVERY AND RISKS
6.1 For orders shipped within the United States and Canada:
Unless otherwise agreed to in writing, Charlotte to Paris shall arrange delivery of the Goods to the Buyer. The Buyer is responsible for the costs associated with delivery.
Orders will be shipped via UPS, FedEx, or USPS at the discretion of Charlotte to Paris. While the delivery service utilized by Charlotte to Paris may include insurance for the Goods during transit, Charlotte to Paris makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
6.2 For International orders outside of the US and Canada:
Unless otherwise agreed to in writing, Charlotte to Paris shall arrange delivery of the Goods to the Buyer. The Buyer is responsible for the costs associated with delivery.
Orders will be shipped via UPS Worldwide, DHL, or Fedex at the discretion of Charlotte to Paris. Risk in respect of the Goods shall pass to the Buyer when Charlotte to Paris deposits the Goods with the carrier for delivery. The Buyer is responsible for delivery fees, including residential delivery fees if applicable, insurance, import taxes, duties, and other fees associated with the delivery, customs, tax, and receipt of the goods. The Buyer is expected to fulfill tax-duty payments as required by their government.
6.3 The Buyer is responsible for the costs associated with delivery. Charlotte to Paris will send an invoice for delivery costs once the order has been shipped. Buyers should be aware that there may be other fees associated with delivery (duties, import fees, residential delivery fees, etc) that will not be reflected in the delivery invoice from Charlotte to Paris. Buyers are responsible for paying all such associated taxes and fees related to delivery and receipt of the Goods.
6.4 Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.
7. FORCE MAJEURE
Charlotte to Paris is not liable for any delays in order processing, order delivery or failure to deliver, if this is caused by labor troubles, strikes, pandemics, lockdowns, lock-outs, war, riots, fire, flood, storm, accidents, material shortage, factory acts or breakdowns, rule, regulations, orders of directives by any governmental body or any acts of God beyond Charlotte to Paris's control.
8. NOTICE OF DEFECTS/RETURNS
8.1 The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 calendar days after receiving the Goods. It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered matches the items ordered / invoiced.
8.2 If a part of the order is defective or deficient, the order may only be remedied for that part of the order.
8.3 Unforeseen delays in order fulfillment, processing, and delivery are not eligible for returns or reimbursement of any kind.
8.4 Acceptance of Goods with known defects waives claims for damages: the Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.
9. RETURNS
9.1 It is the responsibility of the Buyer to inspect upon receipt, that all merchandise delivered reflects exactly the items purchased and invoiced (See item #8 for Notice of Defects).
9.2 Purchases made by Buyer through Charlotte to Paris Wholesale are only eligible for a return for defective Goods, and the eligibility period is solely within 7 days of the order delivery date. Requests for return should be emailed to wholesale@charlottetoparis.com. Under certain conditions, exchanges may be made for unsatisfactory merchandise that is unused and in original packaging, less a 30% restocking fee. Whether or not items are eligible for exchange is at the sole discretion of Charlotte to Paris. All exchanges must be initiated within 7 days of receipt of goods.
9.3 In the event of an exchange of merchandise, the Buyer is responsible for all shipping fees, both in shipping product back to Charlotte to Paris as well as the shipping of the new product to the Buyer. Buyer will also be subject to a 30% restocking fee. Buyer authorizes Charlotte to Paris to sell any garments that have been exchanged, rejected, or abandoned.
10. MODIFICATION OF GOODS
If Buyer modifies the Goods, they are immediately ineligible for return or exchange.
11. SAMPLES AND IMAGES
Unless otherwise stated in writing, Charlotte to Paris does not warrant that the exact color tones in the Goods (art prints) will conform to any specific image or sample viewed online. This is primarily due to the variation in how computer screens (including tablets, mobile devices, etc) display colors. To mitigate differences in screen perception vs. tonality in printed images, Charlotte to Paris uses the same color space (RGB) for both online images and in the printing process.
12. INTELLECTUAL PROPERTY
12.1 The Buyer undertakes to use the Artist and Brand Name and, if requested by Charlotte to Paris, Logo when advertising Goods supplied by Lauren Gibson, Charlotte to Paris and anywhere where the Goods are described or named including on websites, labels and invoices.
12.2 Lauren Gibson / Charlotte to Paris grants the Buyer a personal, non-exclusive, non-transferable, and non-assignable license to use the Charlotte to Paris Brand Name, the Artist Name (Lauren Gibson) and, if applicable, Logo for the purposes mentioned above in this section
12.3 The Buyer must not use or permit the use of the Brand Name, Artist Name, or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property of Lauren Gibson / Charlotte to Paris.
12.4 The license in clause 12.2 may be revoked by Lauren Gibson / Charlotte to Paris by written notice to the Buyer.
12.5 Under no circumstances may the Goods be reproduced, in whole or in part, by the Buyer or anyone knowingly associated with the Buyer.
12.6 The Buyer may display for marketing purposes only images of the Goods (e.g. stocked in-store). The Buyer agrees to provide notice to Charlotte to Paris / Lauren Gibson whenever possible.
12.7 The Buyer may request product images from Charlotte to Paris to use for online product display and sale by sending an email to wholesale@charlottetoparis.com. The Buyer agrees to only utilize the product images for the products the Buyer has purchased, and only for purposes of merchandising and selling the product.
13. LIABILITY
13.1 Charlotte to Paris shall not be liable:
Where the Buyer has altered or modified the Goods, mishandled the Goods, not followed Charlotte to Paris’s instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;
For loss or damages caused whole or partly by any factors beyond the control of Charlotte to Paris, including, without limitation, any loss resulting from a delay in production or supply of the Goods;
for any indirect or consequential loss of any kind.
14. EXCLUSION OF IMPLIED WARRANTIES
14.1 Charlotte to Paris shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Charlotte to Paris. In any event, the maximum liability shall be equal to repayment by Charlotte to Paris to the Buyer of the payment made for the defective part of the order.
15. DETERIORATION OF BUYER'S CREDIT
15.1 Charlotte to Paris has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial condition become unsatisfactory to Charlotte to Paris, Charlotte to Paris may require cash payments or satisfactory securities for delivery of goods.
15.2 Charlotte to Paris may terminate this agreement with immediate effect by giving written notice to you if:
Buyer has failed to comply with a written notice given by Charlotte to Paris specifying a breach of the agreement and requiring you to remedy it within 14 days; or
being an individual, you are made bankrupt; or
being a company, you are placed in liquidation or receivership.
On termination, Charlotte to Paris shall have the right to deal with the Goods at its absolute discretion.
16. AMENDMENTS
These terms and conditions may be amended or replaced from time to time by Charlotte to Paris. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.
AGREEMENT AND ACKNOWLEDGEMENT
Buyer(s) have carefully read and agree to these Terms and Conditions. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.
For wholesale inquiries please contact Charlotte to Paris at wholesale@charlottetoparis.com.