Terms of Service
French Girl Supplier Agreement
This Supplier Agreement (“Agreement”) is made between La Belle France , LLC, a Washington Limited Liability Company, dba “French Girl” (“Company”), whose principal place of business is located at 1429 30TH AVE SEATTLE, WA 98122, and its wholesale customer (“Customer”). Each is a “Party” and together they are the “Parties”.
Sale of Products
Customer agrees to purchase Company’s products (the “Products”) subject to the terms and conditions of this Agreement and any existing or future laws, regulations or court orders affecting the performance of a Party’s obligations under this Agreement. Customer will allow only those persons authorized by the Customer to issue purchase orders on the Customer’s behalf, and Company may reasonably rely on the authority of any person who executes a purchase order on Customer’s behalf. Company may, in its sole discretion, accept or reject, in whole or in part, or modify any purchase order to purchase Products. Products must be sold in accordance with retail price list to be provided by Company and may not be discounted without the express written authority of Company.
Non-Diversion
Customer agrees that the Products supplied to the Customer will be sold only from the Customer’s facility(“Spa or Store”). Customer may also sell the products on their own website. Customer may not trans-ship Products to any Spa or Store that Company has not been approved. For multiple locations please attached separate page with full location list.
The right to sell the Products is not transferable to any other premises or party (including, without limitation, by phone order, catalogue, mail order, television, radio, Internet, telephone solicitation mail order) and is strictly prohibited without prior written consent of Company.
Customer shall not: represent itself as a French Girl distributor, resell the Products to third-party vendors (i.e. Amazon, Ebay), or, directly or indirectly, permit other distributors or vendors to re-sell Products. Customer covenants and warrants that it shall not engage in any action or activity, which would result in the circumvention of this Agreement.
Any dealings by the Customer in counterfeit products, products which infringe Company product trademarks, copyright or other proprietary rights, or in products bearing brand names of French Girl Organics or French Girl, which have been obtained from any source other than French Girl, is a breach of this Agreement, which entitles Company immediately to terminate the Agreement.
Product Knowledge
Customer agrees to attend brand/product knowledge training session with Company staff within 21 days of placing opening order. Company staff will coordinate this initial training session.
Delays in Payment
Once order is ready to ship, Company will either process the payment using a credit card on file, or if no credit card is on file, Company will email the invoice. Unless payment terms have previously been approved by Company, order will not be sent until payment is received.
If no response or payment is received within five business days of the original invoice, a reminder will be sent, advising the customer that, if payment is not received within 24 hours of that reminder, the order will be placed back on the shelves. If Customer wishes to move forward with the order after that time, their order will be placed in the queue for shipping, following French Girl’s normal shipping window. No rush will be placed on this order without the standard rush fee being applied.
Product Returns/End-User Returns
Product Returns will be authorized if the Products are unopened and within 30 days of purchase date. Customer will be responsible for all expenses associated with the return, including shipping cost and price difference between products if wrong item was ordered. FOR ALL RETURNS, EXCEPT THOSE DUE TO DEFECTIVE PRODUCTS, A 20% RESTOCKING FEE WILL BE ASSESSED BEFORE A REFUND IS ISSUED.
If Product is determined to be defective, upon receipt of defective Product, that Product shall be returned at 100% cost to Company. If Customer receives a return for a Product that was purchased in their store, the retailer is responsible for all returns unless the Product is defective.
All Customer returns must be authorized in advance and given an authorization number before any goods are returned. No exchanges or credits will be processed for items without prior authorization. Company will pay shipping charges from Customer to Company only for defective items. For all other returns, shipping will be paid for by Customer.
If Customer notices that items are missing from their order, Customer must submit claim within 14 days of receipt of the original order. All missing item claims will be then reviewed by Company. If it is determined that items were missing, Company will promptly send the missing items at no additional cost for shipping.
Payment/Insufficient Funds
Should any payment by the Customer to Company be returned to Company by any financial institution, Company will assess a fee of $50 to Customer’s account. If more than one check is returned for insufficient funds within a six (6) month period, Company reserves the right to terminate this Agreement. Even after termination or expiration of this Agreement, Customer shall pay any amounts it owes, including payment obligations for Products already shipped.
Limitation of Liability; Disclaimer of Damages
Company will not be liable to the Customer for special, indirect, incidental, exemplary, consequential or punitive damages, including loss of profits, arising from the relationship of the parties or the conduct of business under, or breach of this Agreement, whether or not such damages are foreseeable and whether or not the Customer has been notified of the likelihood that such damages may result.
Indemnity
Customer shall indemnify and defend Company against any loss or expense arising from the Customer breaching this Agreement.
Use of Trademarks
Customer shall not claim any title or right to use the intellectual property rights of Company except as expressly provided by this Agreement. The “French Girl” and “French Girl Organics” brand names, logos, monograms, copyright materials used in packaging, sales support materials, and advertising are all trademarks and valuable marketing properties which may only be used by the Customer in connection with the marketing and advertising of Company Products, and then only in a manner which Company approves. Upon termination of this Agreement, all rights of Customer to use the Company trademarks and service marks will expire; Customer must discontinue use of the Company trademarks and service marks, and all marketing materials will be destroyed or returned by Customer.
Product Representation
Customer must maintain the highest standards of presentation and service in its outlets. These standards are to be mutually agreed between Company and Customer and may be adjusted from time to time as agreed between the parties. Company is entitled to immediately terminate this agreement and withdraw supply if, in its sole determination, the standard of the Customer’s presentation of Company falls below Company’s’ image criteria. The range of Company’s Products to be sold by the Customer will be agreed upon by the Customer and Company.
Changes of ownership—Registered Particulars.
Customer recognizes that this Supply Agreement relates only to the Spa or Store identified in this Agreement. Should Customer open an additional Spa or Store location and request that Company ship Products to that new Spa or Store, Company will consider such a request at that time. Company will not be required to ship Products to that new Spa or Store unless Company approves Customer’s request and a new Agreement is executed.
Customer shall, no later than thirty (30) days prior to any proposed changes of ownership of the Spa or Store, notify Company of the proposed changes. Company reserves the right to cease supplies of Products to Customer for the spa or store. Company reserves the right to assess the new owners or management and any other qualifications before determining whether to continue or cancel the relationship established under this Agreement.
General Terms
Company is completely free to sell or not to sell Products to the Customer, and Customer is completely free to buy or not buy Products from Company. Customer understands and acknowledges that Company may change the prices of any of the Products and its terms and conditions of sale at any time. Without limitation, Company shall have no liability for any use of the Products by Customer, its professional staff or employees, or by any clients/customers of the Customer, other than the intended use of the Products as described in written information provided by Company.
Termination
The initial term of this agreement begins on the date the Agreement is signed by Customer and will continue for 3 years, unless terminated earlier. This Agreement may be terminated by Company in its sole discretion, without liability.
Promotions/Giveaways
All marketing for Customer’s own in-store promotions and giveaways for clients of Customer are at Customer’s responsibility and must be approved by Company prior to implementing. All discounts of Products are to be approved by Company prior to initiation in store, online or via social media.
Shipping Policy
Shipping dates/ranges are an estimation and subject to change depending on product availability. Please contact your Company representative for a more detailed time frame for your specific order. Note that not all Products on our website are offered wholesale. Please refer to our order form for a complete list of our wholesale offerings.
Rush fee - If customer requires items in a shorter time frame, they may be subject to a fee to expedite the order. This fee does not include additional shipping costs that may be incurred. Customer should contact Company representative with any time restrictions they may have, and Company will attempt to meet the request if possible.
Shipping Turnaround Times:
49 units or less – 5 business days
50 to 99 unit – 8 business days
100 to 199 units – 10 business days
200 to 499 units – 15 business days
500+ units – 20 business days
International Shipping Policy
Please note that Customer is responsible for all duties and brokerage fees incurred during international shipping. Quotes for shipping are only valid for 12-hour period.
Entire Agreement
The Parties intend that this agreement, together with all attachments, represent the final expression of the Parties intent and agreement between the Parties relating to the subject matter of this Agreement. This Agreement contains all the terms the Parties agreed to relating to the subject matter, and supersedes any previous discussions, understandings, or agreements that may exist.