ETÚHOME EMEAA: WHOLESALE AGREEMENT - TERMS AND CONDITIONS
This Wholesale Agreement (“Agreement”) is made between You/Your Company and ETÚHOME EMEAA (“EH”) upon execution and delivery by EH.
GENERAL ORDERING INFORMATION
To qualify for wholesale purchases as a stocking dealer, 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 a stocking dealer order with EH 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. To qualify for purchases as a non-stocking dealer, you must submit a copy of your tax id certificate (first orders only) and an executed copy of this agreement. By placing a non-stocking dealer order with EH and providing a valid tax id you are representing that you are the owner, agent or representative of a valid design, service, consulting or project-based business procuring items for clients or projects not to be resold.
etúHOME PRODUCT TOLERANCE
All newly made EH product and all found or vintage products including but not limited to wood, glass, metal, are artisanally crafted and therefore dimensions on website, catalog and showrooms are approximate and not exact. All sales are final.
All orders shall be paid with an Electronic Fund Transfer (EFT). EH requires payment prior to shipping your order at the time of production for the entire purchase price of the order plus freight. Delivery is typically within three to four (3-4) weeks. Orders may be canceled within three (3) business days of order placement. All cancellations including any order changes, date changes, shipping changes of any kind must be made in writing by email, no exceptions. Once charged, all sales are final, no exceptions.
MINIMUM ORDER + FREIGHT REQUIREMENTS
EH requires a firm 500€ minimum opening order and reorder minimum. Our minimum quantity per item varies per piece, so please refer to individual items.
All orders placed below 500€ will be subject to a VAT charge of 27% plus a shipping charge of at least 35% of the total order value, in addition to any shipping and processing fees.
CUSTOM/SPECIAL ORDER PAYMENTS
All payments shall be made with a Credit Card. For all special orders or custom items, EH payment in full for the entire purchase price of the order at the time the order is placed. Freight will be assessed and charged at the time of shipping. All special orders and custom orders of any kind are non-refundable and non-returnable, no exceptions.
SHIPPING/DELIVERY & RECEIVING
If you are NOT open daily, you will need to contact TNT immediately to schedule your delivery on a suitable day. EH is not responsible for any re-delivery charges and cannot accommodate individual store opening and closing hours. 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 Bill of Lading. If the shipment is signed for without any written damage notation on the Bill of Lading, EH is not responsible for filing a claim or replacing the merchandise.
EH does not accept returns of first quality merchandise for any reason. Any special circumstance for return requests must be approved in advance by EH and accompanied by a Return Authorization Number. Note: If first quality product is returned to EH, a 30% restocking fee will be charged. Additionally, any product returned to EH 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 EH. EH is not responsible for any lost returns.
DAMAGE/DEFECTIVE MERCHANDISE CLAIMS
Any claim for damaged or defective merchandise must be reported to EH within 48 hours of delivery. EH makes every commercially reasonable effort to pack with carrier-approved materials. EH is not responsible for damage in transit. EH insures all packages with the carrier for the wholesale purchase price. If your shipment is damaged in transit you agree to contact EH in writing via the Damage Notification Form online. 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 EH 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, EH is not responsible for replacing damages or filing any claims.
FOUND OBJECT, RECLAIMED WOOD and RECYCLED GLASS RETURNS
All found objects, reclaimed wood and recycled glass items sourced and shipped by EH are crafted from repurposed materials making each piece 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. All of our found objects and repurposed 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. EH stands by all our found pieces and offers you the option to return the piece for a replacement. All authorized returns must be made within 48 hours of receipt of goods. You are responsible for the inbound and outbound freight, no exceptions. EH ships items that conform to the samples shown at trade shows and on www.etuhome.eu.
MAP PRICING POLICY
EH follows a strict Manufacturers Advertised Pricing Policy. This policy applies to all advertisements of any EH 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.
THIRD PARTY SELLING
EH prohibits selling its products on a third-party web site. In order to sell EH products on your own web site, you must receive written consent from EH.
All of the designs, products and content within and any materials made available on the Web site are the sole property of EH. 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 EH. 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 EH. This includes using digital images for purposes of e-commerce.
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 EH or third parties. Except as otherwise expressly authorized by EH, 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 EH or the appropriate third party.
You agree to indemnify, defend and hold harmless, EH, 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.
This Agreement has been entered into and shall be governed by the laws of Hungary (without giving effect to its conflict of law provisions). All parties agree Hungarian courts have jurisdiction.
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.
You understand and agree that you are or your company is responsible for your own legal fees. If EH takes any action to enforce, defend or interpret this Agreement and these terms and conditions, EH is entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any costs whether in litigation or otherwise, in addition to any other relief at law or in equity to which EH may be entitled.
EH 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 EH and then, only to the extent specified.
Updated: March 2019