ETÚHOME EMEAA: WHOLESALE AGREEMENT - TERMS AND CONDITIONS

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

GENERAL ORDERING INFORMATION 

To qualify for wholesale purchases, you must be a valid retail or hospitality business and you must submit a copy of your resale exemption certificate (first orders only), your VAT number and an executed copy of this Agreement with your Order Form.  By placing an order with EtúHOME 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 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.

PAYMENTS

All payments shall be made with a Credit Card via PayPal or via Electronic Bank Transfer (EFT).  EtúHOME requires payment prior to shipping your order and delivery is typically within three to four weeks after payment is received. Orders may be canceled within five (5) business days of the order placement, however, not after the payment is made. All cancellations including any order changes, date changes, shipping changes of any kind must be made in writing by email, no exceptions. Once paid, all sales are final.

FURNITURE PAYMENTS

All payments shall be made with a Credit Card via PayPal or via Electronic Bank Transfer (EFT). All furniture items will be charged at the time of order placement. EH furniture items are non-refundable and non-returnable, no exceptions. 

CUSTOM/SPECIAL ORDER PAYMENTS

All payments shall be made with a Credit Card via PayPal or via Electronic Bank Transfer (EFT).  For all special orders or custom items, EH requires 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 or the designated transporter immediately to schedule your delivery on a suitable day. EtúHOME 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. 

RETURNS

EtúHOME does not accept returns of first quality merchandise for any reason. Any special circumstance for return requests must be approved in advance by EtúHOME and accompanied by a Return Authorization Number. Note: If first quality product is returned to EtúHOME, a 30% restocking fee will be charged. Additionally, any product returned to EtúHOME 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 EtúHOME within 48 hours of delivery. EtúHOME makes every commercially reasonable effort to pack with carrier-approved materials. EtúHOME is not responsible for damage in transit.  EtúHOME insures all packages with the carrier for the wholesale purchase price. If your shipment is damaged in transit you agree to contact EtúHOME 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 EtúHOME 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, EtúHOME is not responsible for replacing damages or filing any claims.

FOUND OBJECT AND RECLAIMED WOOD RETURNS

All found objects and reclaimed wood items sourced and shipped by EtúHOME 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.  EtúHOME 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. EtúHOME ships items that conform to the samples shown at trade shows and on www.etúHOME.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. EH 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

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. EH established MAP pricing can be requested via email. 

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 EtúHOME.

COPYRIGHT

All of the designs, products and content within and any materials made available on the Web site are the sole property of EtúHOME.  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 EtúHOME.  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 EtúHOME. 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 EtúHOME or third parties. Except as otherwise expressly authorized by EtúHOME, 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 EtúHOME or the appropriate third party.

PRIVACY

Your privacy is important to us.  To better protect that privacy, EtúHOME 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 EtúHOME 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 EtúHOME 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 EtúHOME 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 EtúHOME at the Contact information set forth on the home page of the Web Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, EtúHOME, 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 attorney’s 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 Hungary (without giving effect to its conflict of law provisions). All parties agree Hungarian 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 EtúHOME takes any action to enforce, defend or interpret this Agreement and these terms and conditions, EtúHOME 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 EtúHOME may be entitled.

MODIFICATION

EtúHOME reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subjected 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 etúHOME and then, only to the extent specified.             

Updated: April 2018