Wholesale Agreement - Terms and Conditions


EUROPE2YOU: WHOLESALE AGREEMENT – TERMS AND CONDITIONS

This Wholesale Agreement (“Agreement”) is made between You/your Company and EUROPE2YOU (“E2Y”) upon execution and delivery by E2Y.

GENERAL ORDERING INFORMATION 

To qualify for wholesale purchases, you must be a valid retail business and you must submit a copy of your resale exemption certificate (first orders only) and an executed copy of this Agreement with your Order Form.  By placing an order with Europe2You and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale.  All sales are final.

PAYMENTS

All orders shall be placed with a credit card. Europe2You charges credit cards two weeks prior to shipping your order and delivery is typically within two to four weeks except in the case of custom orders, special orders and furniture orders. Shipping for the aforementioned items ranges from 8 weeks to 6 months depending on E2Y’s production schedule.  For all special orders and custom items E2Y charges the credit card in full for the entire purchase price of the order plus freight at the time the order is placed. All special orders and custom orders of any kind are non-refundable and non-returnable, no exceptions.   For all furniture items E2Y charges the customer a down payment of 50% of the purchase price with the remaining 50% plus freight billed at time of ship.  All furniture orders with E2Y are non-refundable and non-returnable, no exception.

DAMAGE CLAIMS

Europe2You makes every commercially reasonable effort to pack with carrier-approved materials. Europe2You is not responsible for damage in transit.  Europe2You insures all packages with the carrier for the wholesale purchase price. If your shipment is damaged in transit you agree to contact Europe2You in writing via the Damage Notification Form online within forty-eight (48) hours of delivery. Photographs of the damaged piece(s) must support all damage claims. You agree to save packaging materials and product.  You further agree not to cancel nor contest payment nor deduct from any invoice any amount due to Europe2You as a result of a damage claim. Once the carrier conducted investigation is concluded we will contact you to resolve the issue. If you use your or a third party shipping account, Europe2You is not responsible for replacing damages or filing any claims. By signing for the shipment, you are acknowledging that the order was received in perfect condition without any damage. If you see damage to your package and/or pallet, you must make a written notation on the BOL. If the shipment is signed for without any written damage notation on the BOL, E2Y is not responsible for filing a claim or replacing the merchandise. 

RETURNS/DEFECTS

Any claim for defective merchandise must be reported to Europe2You within forty-eight (48) hours of delivery. Europe2You does not accept returns of first quality merchandise for any reason. Contact E2Y in the event you receive defective merchandise via writing. All returns must be approved in advance by Europe2You via a Return Authorization Number. All returns must be made within 30 days from receipt of goods. Note: If first quality product is returned to Europe2You, a 30% restocking fee will be charged. Additionally any product returned to Europe2You must be packed in the original cartons utilizing all original packing materials.  Any product received back in damaged condition due to ineffective packaging or due to carrier fault is not the responsibility of E2Y. E2Y are not responsible for any lost returns. Any carrier issues must be filed directly with the carrier by the shipper. By signing for the shipment, you are acknowledging that the order was received in perfect condition without any damage. If you see damage to your package and/or pallet, you must make a written notation on the BOL. If the shipment is signed for without any written damage notation on the BOL, E2Y is not responsible for filing a claim or replacing the merchandise.  

FOUND OBJECT AND RECLAIMED WOOD RETURNS

All found objects and reclaimed wood items sourced and shipped by Europe2You are authentic one-of-a-kind items and are unique.  No two are alike, therefore the item you receive will be similar but not exactly the same as the item you see at market or on-line.  Our found objects and reclaimed wood items show signs of age and use, including ripples and bubbles in the glass, markings, engravings or initials on the wood, variation in wood grain and other signs typical of a time worn piece.  These signs of age are desired and help authenticate your found object.  Europe2You stands by all our found pieces and offers you the option to return the piece for a replacement. You are responsible for the inbound and outbound freight, no exceptions. All authorized returns must be made within 48 hours of receipt of goods. Europe2You ships items that conform to the samples shown at trade shows and on www.europe2you.com.

FINAL SALES – VINTAGE, ANTIQUE, ONE-OF-A-KIND, SPECIAL ORDER MERCHANDISE

All vintage, antique, one-of-a-kind items and special orders including but not limited to furniture, mirrors, tabletop, etc., are final sale and may not be returned nor cancelled for any reason once purchased. These items are billed at the time the order is placed. Freight charges are in addition to cost of merchandise and will be billed separately before shipping. E2Y reserves the right to bill customer for any crating and/or special handling it deems necessary in order to insure proper transport of each vintage piece.  Items will be shipped between 1 and 90 days after billing, subject to third party carrier schedules. All items selected out of our showroom or warehouses are also final sale and may not be returned or exchanged for any reason.  It is important to note that all vintage, antique, one-of-a-kind items, by their very nature, are used or previously owned items and will show signs of age and use including but not limited to cracks, dents, missing or worn parts and other blemishes typical of a time-worn piece. 

MAP PRICING POLICY

E2Y follows a strict Manufacturers Advertised Pricing Policy.  This policy applies to all advertisements of any E2Y products in any and all media, including but not limited to; flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet and all related electronic media, all social media, television, radio and public signage. 

COPYRIGHT

All of the designs, products and content within and any materials made available on the Web site are the sole property of Europe2You.  The Web Site, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Europe2You.  You herby agree not to reprint, post, or copy (including electronic or digital scans) any photograph, sales materials, or product design without the advance, express written consent of Europe2You. This includes using digital images for purposes of e-commerce.

INTELLECTUAL PROPERTY

Any and all Intellectual property right associated with this Web Site including designs, products, images and content presented herein, and any inventive concepts, knowhow, publicity right, trademarks, trade-dress, Trade Secrets, Copyright and patents (including and patent-pending items) (collectively “Intellectual Property”) are the sole property of Europe2You or third parties. Except as otherwise expressly authorized by Europe2You, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web site in any way without the express written consent of Euroope2You or the appropriate third party.

PRIVACY

Your privacy is important to us.  To better protect that privacy, Europe2You is providing this notice to explain how we collect, use and store data.  The only data that we collect, use and store is information you affirmatively provide to us when placing an order by using the Order Form, or alternatively the Order Form found on the Web Site and your exemption certificate.  We do not collect data about you through the Web Site nor do we use cookies or track IP addresses.  While the information you provide will be maintained for a commercially reasonable time by Europe2You for administrative and business purposes, your personally identifying information is never shared with any third party, other than (i) as required by law, (ii) to protect and defend the rights of Europe2You and the Web Site, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event, or (iv) in the event that a need arises to contact you in regard to an order, a question, a customer service related matter, or as  may otherwise be required by law and only to the extent that such contact is required. Comments, suggestions or other communications sent by you to Europe2You are deemed to be non-confidential.  We have no obligation of any kind in relation to such comments, suggestions, or communications and are free to use or distribute them in any way, including in relation to the administration, update, or improvement of the Web Site, without compensation to the author, sender, or any other party.  By executing this Agreement and placing an order, you signify your assent to this Privacy provision. Should you have any privacy-related questions or concerns, you may contact Europe2You at the Contact information set forth on the home page of the Web Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Europe2You, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause or action, debt or liability, including reasonable attorneys fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your agreements hereunder, and/or (ii) arises out of your negligence, willful misconduct, or other breach of the Agreement.

JURISDICTION

This Agreement has been entered into and shall be governed by the laws of the State of Georgia (without giving effect to its conflict of law provisions). All parties agree Georgia courts have jurisdiction.

SEVERABILITY

Each section of the Agreement shall be deemed and construed as a separate and independent section, term or condition.  Should any part or provision of the Agreement be declared invalid by a court of competent jurisdiction, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.

LEGAL FEES

You understand and agree that you are or your company is responsible for your own legal fees.  If Europe2You takes any action to enforce, defend or interpret this Agreement and these terms and conditions, Europe2You is entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any costs whether in litigation or other wise, in addition to any other relief at law or in equity to which Europe2You may be entitled.

MODIFICATION

Europe2You reserves the right to modify the terms and conditions contained herein.  Clerical or computer errors are subject to correction.  No action, omission or course of conduct shall constitute a waiver of any of the terms and conditions hereof, unless such waiver is specified in writing by Europe2You and then, only to the extent specified.                                                  

UPDATED: SEPTEMBER 2017