These Terms and Conditions shall apply to all contracts for the sale of Products by Eco Shave, LLC (TICO*, us, or we) to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order or similar document. No variations to these Conditions will be permitted.
All orders for products shall be deemed to be pursuant to these Conditions and acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
Price and Payment
- TICO*s wholesale prices are exclusive of i) VAT which shall be due at the rate ruling on the date of the Seller’s invoice (if applicable) ii) Shipping charges iii) Wire/Bank transfer charges iv) Custom duties (if applicable).
- Payment terms or Net terms are not available and all wholesale purchases must be made at the time your orders are placed.
Delivery and Acceptance of Product
- You will be given 14 days from the date that the order is delivered and signed for to inspect the bulk of any consignment of products and notify us in writing of any discrepancies and/or defects with the order.
- You will have deemed to have accepted all the products so delivered if a notice in writing is not received by us within 14 days from the date of delivery of the order. Notices served by you in writing within the allocated 14 days will be addressed and resolved in a fair and reasonable manner.
- All terms, conditions and warranties (whether implied or made expressly) whether by us or our agents or representatives or otherwise (other than those express warranties set out in these Terms & Conditions) relating to the quality and/or fitness for purpose of any of the products are excluded.
- The designs of our products (including any copyright, design right or other intellectual property in them) shall as between us both be the property of TICO*
- TICO* may license or sub-contract all or any part of its rights and obligations under this contract without the Buyer’s consent.
- The Products shall be delivered to you at the address you indicate when placing your order.
- The risk in the products shall pass to you when you accept and signs for the delivery of the order. For the avoidance of doubt, orders that have been signed for on your premises or at the correct delivery address are considered delivered orders. Orders that arrive i) in damaged boxes and/or ii) in a damaged state and/or iii) are incomplete with item(s) missing should either be refused and not be signed for or signed for as ‘Damaged Goods’ and/or ‘Missing Goods’. The respective currier will take orders that are refused on delivery and not signed for by you back.
Acceptance of Returned Products
- You understand and accept that the 100% Guarantee that we provide our retail customers online, via www.ticoshaving.com, does not apply to your wholesale orders, and that instead, these Terms & Conditions define the terms of returning products.
- No products delivered to you in accordance with these terms will be accepted for return without our prior written approval, the terms of which will be at our absolute and sole discretion.
- If we agree to accept any such products for return, you will be liable to pay a handling charge of 10% of the invoice price. Such products must be returned by you, carriage-paid, to us in the same unused condition in which they were sent, in their original wrapping and in their original shipping carton.
- Products returned to us without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any rights or remedies you may have.
- No products delivered to you, which are in accordance with the contract, will be accepted for return without our prior written approval on terms to be determined at our absolute discretion.
- We can only replace damaged and/or missing goods in the event that the delivery is refused and not signed for or if the delivery is signed for as ‘Damaged Goods’ and/or ‘Missing Goods’. In either case, notification and photographic evidence of the damage should immediately be provided by email to us so that we may take appropriate action with the corresponding courier company and/or insurance company. Such notification and evidence must be provided to us within 14 days from the date of attempted delivery.
- TICO* shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) that you suffer arising out of a breach in these Terms & Conditions by us.
- In the event of any breach of this contract by us, your remedies shall be limited to damages. Under no circumstances shall the liability of TICO* exceed the price you paid for the products.
- You agree that any claims against us must be brought within 3 months of the alleged breach (the Contractual Limitation Period) and that any claims brought after the expiry of the Contractual Limitation Period shall automatically fail as being out of time.
- This contract is solely for the onwards retail sale of the products we sell to you on a wholesale basis and you expressly agree not to sell or offer for sale any TICO* products to any other retailers on a wholesale basis.
- Products must be sold at our established retail price of $20 or more.
- Our written approval is required before any of our products can go on sale or be a part of any seasonal and/or promotional discounts online.
- Failure to respect our recommended retail prices and /or enter into unapproved discounts can result in termination of your account with us.
- You will not sell any of our products on Amazon.com.
Any notice required to be given pursuant to these Terms & Conditions shall be in writing, signed by a director and shall be given by delivering the notice by hand at, or by sending the same by pre-paid first class post to the address of the relevant party or such other addresses either Party notifies to the other from time to time. Any notice given according to the above conditions shall be deemed to have been given at the time of delivery (if delivered by hand) or when received (if sent by post).
We both agree that any dispute arising out of or relating to this Agreement must be decided solely and exclusively by a court located in Travis County, Texas.