WHOLESALE AGREEMENT - TERMS + CONDITIONS
This Wholesale Agreement (“Agreement”) is made between You/your Company and EUROPE2YOU [also known as etúHOME] (“E2Y”) upon execution and delivery by E2Y.
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 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. 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 Europe2You 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 by Europe2You PRODUCT TOLERANCE
All newly made E2Y 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 payments shall be made with a Credit Card. Web orders are charged in full upon placing the order and future orders placed through a rep are charged up to 2 weeks prior to a ship date. By providing a credit card number and expiration date on the order form, you are irrevocably authorizing Europe2You to charge the credit card for the entire purchase price plus freight two (2) weeks prior to shipment. Orders may be canceled within five (5) business days of the 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.
FURNITURE PAYMENTS and MINIMUM FREIGHT REQUIREMENTS
All payments shall be made with a Credit Card. All furniture items will be charged fifty-percent (50%) of the purchase price at the time of order placement. E2Y furniture items are non-refundable and non-returnable, no exceptions. All furniture orders are subject to the following minimum freight requirement:
East Coast: $325.00 Central: $425.00 West Coast: $525.00
All orders placed below $500 will be subject to a shipping charge of at least 25% of the total order value, in addition to any shipping and processing fees.
Furniture typically arrives 10-14 weeks after your order has been paid. Please note that it may take longer to arrive depending on possible yet unusual customs delays which are out of our control.
CUSTOM/SPECIAL ORDER PAYMENTS
All payments shall be made with a Credit Card. For all special orders or custom items, E2Y charges the credit card 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 FedEx immediately to schedule your delivery on a suitable day. Europe2You 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, E2Y is not responsible for filing a claim or replacing the merchandise. Any orders picked up from the E2Y warehouse must be inspected and signed for by the customer prior to leaving the premises; Europe2You will not be responsible for any damages claimed after an item or order has been picked up from the warehouse.
Europe2You does not accept returns of first quality merchandise for any reason. Any special circumstance for return requests must be approved in advance by Europe2You and accompanied by a Return Authorization Number. 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 is not responsible for any lost returns.
DAMAGE/DEFECTIVE MERCHANDISE CLAIMS
Any claim for damaged or defective merchandise must be reported to Europe2You within 48 hours of delivery. 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. 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.
FOUND OBJECT, RECLAIMED WOOD and RECYCLED GLASS RETURNS
All found objects, reclaimed wood and recycled glass items sourced and shipped by Europe2You 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, recycled glass and repurposed items show signs of age and use, including ripples, bubbles, and markings in the found or recycled glass, 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. All authorized returns must be made within 48 hours of receipt of goods. You are responsible for the inbound and outbound freight, no exceptions. 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. E2Y established MAP pricing can be found at the URL www.europe2you.com/pages/inventory.
THIRD PARTY SELLING
E2Y prohibits selling its products on a third-party web site. In order to sell E2Y products on your own web site, you must receive written consent from Europe2You.
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.
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 Europe2You or the appropriate third party.
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, wilful misconduct, or other breach of the Agreement.
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.
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 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.
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: February 2020