Wholesale Terms & Conditions

Enid B., LLC (hereinafter “Enid B." and/or "Seller") acceptance of your (the “Buyer”) application and 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 application, order confirmation and/or invoice will govern ALL transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions that 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 Enid B. LLC to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.

 

1. Minimums

1.1 Opening orders/Reorders: $200 minimum plus shipping. 

1.2 Quantity: All orders require a minimum order quantity (MOQ) of at least *10 units per product. 

**Except for our 1oz container jars which require a minimum order of 50 jars, of any of our current scent blend offerings. 

 

2. Payments & Order Transactions

2.1 Unless otherwise agreed to in writing, payment must be made at the time of order.

2.2 Enid B. LLC may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to Buyer.  Seller shall not be liable for any loss or damage whatsoever arising from such cancellation. A refund will be processed if a cancellation of an order has occurred.

2.3 The Buyer will have 10 hours from the time they submit their order to request a cancellation in writing. After 10 hours all sales are final. The cancellation request is made void if the Buyer requests an expedited delivery.

2.4  Enid B. is responsible for getting your order to you safely.  If any items arrive damaged, please notify us within 5 days of arrival for replacements or credit.  After this time, Enid B. cannot be held responsible for the items.  To preserve the color and quality of the soaps and longevity of skincare and haircare products, keep out of heat and direct sun. 

2.5 The Seller requires 3 weeks from the date of purchase to mail the order to Buyer. If products are in stock, then they will be shipped out within 5-7 business days from the date of purchase. However, if products need to be made, the Seller requires 3 weeks to make, cure, and ship out the Seller's order. 

 2.6 Due to the use of natural ingredients in our products, there may be slight color and scent variations from batch to batch, and product colors may fade. or morph over time. This is the "beauty" of natural products and in no way affects the efficiency of the product.

 

 

3. DUTIES/TAXES/FEES

3.1 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.

 

4. SALE OF GOODS & MSRP

4.1 You acknowledge that you are acquiring the Goods for trade or business only.

4.2 Any resale of Enid B. products on public forums such as Amazon.com or Ebay.com is expressly prohibited. Enid B. shall have sole discretion to determine what public forums, if any, are eligible for Buyer resale. 

4.3 The Goods must be sold at the recommended retail price (as notified to you by Enid B.) unless the Goods are advertised as being “on-sale” or the equivalent.

 

5. SHIPPING AND RISKS

5.1 For orders within the United States:  

Unless otherwise agreed to in writing, Enid B. shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. Orders will be shipped via FedEx, UPS, or USPS. While the delivery service utilized by Enid B. may include insurance for the Goods during transit, Enid B. 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. 

Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.

Hand Delivery is also available during checkout within a 40-mile radius from our office location in Lewisville, Texas.

5.2 For International orders:   

Unless otherwise agreed to in writing, you shall be responsible for the cost of transportation of the Goods from the premises of Enid B. Risk in respect of the Goods shall pass to you when the Goods are made available to the delivery carrier. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery (carrier).

5.3 Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods and Goods have been picked up by delivery service.

6. NOTICE OF DEFECTS/RETURNS

6.1 The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after receiving the Goods. Enid B. cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered match the items ordered/invoiced.

6.2 If a part of the order is delayed or if part of the order is defective or deficient, the order may only be remedied for that part of the order.

 

7. ACCEPTANCE OF GOODS WITH KNOWN DEFECTS  WAIVES CLAIMS FOR DAMAGES

7.1 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.

 

8. RETURNS

8.1 It is the responsibility of the Buyer to inspect upon receipt, that all merchandise delivered reflects exactly the items purchased and invoiced (See item #6 for Notice of Defects). 

8.2 Purchases made by Buyer through Enid B Wholesale are ineligible for return. Under certain conditions, exchanges may be made for unsatisfactory merchandise that is unused and in original packaging with all labels and seals attached. Whether or not items are eligible for exchange is at the sole discretion of Enid B.  All exchanges must be initiated within 7 days of receipt of goods. 

8.3 In the event of an exchange of product, the Buyer is responsible for all shipping fees, both in shipping the product back to the Seller as well as the shipping of the new product to the Buyer. Buyer authorizes Enid B. to sell any products that have been exchanged, rejected, or abandoned.

 

9. INTELLECTUAL PROPERTY

9.1 You undertake to use the Brand Name and, if required by Enid B, Logo when advertising Goods supplied by Enid B. and anywhere where the Goods are described or named including on websites, labels and invoices.

9.2 Enid B. grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the Enid B. Brand Name and, if applicable, Logo for the purposes mentioned above in this section.

9.3 You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, goodwill, reputation, and image associated with the Intellectual Property of Enid B.

9.4 The license in clause 9.2 may be revoked by Enid B. by written notice to you.

 

10. LIABILITY

10.1 Enid B. shall not be liable:

1. where you have altered or modified the Goods, misapplied the Goods, not followed Enid B. instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;
2. for defects in any Goods manufactured by any Third Party;
3. for loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in manufacturing or supply of the Goods;
4. for any indirect or consequential loss of any kind

 

11. EXCLUSION OF IMPLIED WARRANTIES

11.1 Enid B. 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 Seller. In any event, the maximum liability shall be equal to repayment by Enid B. to the Buyer of the payment made for the delayed or defective part of the order.

 

12. DETERIORATION OF BUYER'S CREDIT

12.1 The Seller 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  Enid B., Enid B. may require cash payments or satisfactory securities for delivery of goods.

12.2 Enid B. may terminate this agreement with immediate effect by giving written notice to you if:

1. you have failed to comply with a written notice given by the Seller specifying a breach of the agreement and requiring you to remedy it within 14 days; or
2. being an individual, you are made bankrupt; or
3. being a company, you are placed in liquidation or receivership.

On termination, Enid B. shall have the right to deal with the Goods at its absolute discretion.

 

13. JURISDICTION

13.1 Any transactions between the Buyer and the Seller are governed by the laws of New York. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Brooklyn, New York, for any claims or controversies arising in the sale of Goods by Enid B. to the Buyer. Enid B. 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.

 

14. ARBITRATION

14.1 AGREEMENT TO BINDING ARBITRATION 

Enid B. and Buyer agree that upon the demand of either party, any claim or dispute between Enid B. and Buyer and/or any of either parties' parent corporation's, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. Enid B. and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.

14.2 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL

Enid B. and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. Enid B. and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.

14.3 COSTS OF ARBITRATION

The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.

 

15. AMENDMENTS

15.1 These terms and conditions may be amended or replaced from time to time by Enid B. 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 us at info@enidb.com

 

Date Created: 10/27/2020                                            Last Modified: 10/27/2020