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Jollity & Co Party Boutique

TERMS AND CONDITIONS

Jollity & Co Party Boutique, a Virginia Corporations (“Jollity & Co”) sells to wholesale partners that have retail establishments with a store front or online presence. Third party sales of Jollity & Co product to other retail establishments are prohibited and we reserve the right to reject any order or customer at any time for any reason. By placing a wholesale order with Jollity & Co, the wholesale partner agrees to these Terms and Conditions.

How to Order: Opening orders shall be made online. Re-Orders may be made by email, or within the Jollity & Co website through your customer account. The placement of an order on the website by a wholesaler for Jollity & Co’s products is construed as a mere contractual proposal and shall not constitute a binding agreement. Any order placed pursuant to this contract is deemed to be irrevocably made by wholesaler for a period of 2 months unless sooner withdrawn in writing prior to acceptance by Jollity & Co, starting from the date of receipt of such order. Jollity & Co has no obligation to accept the contractual proposal made by the wholesaler. The acceptance and/or shipment of any order does not create any rights to products other than as expressly set forth in the accepted order, and does not obligate Jollity & Co to accept, or wholesaler to place, orders in the future. Nothing contained in this contract shall imply any partnership, joint venture or agency relationship between the parties in any territory or jurisdiction.

Minimum Order Requirements: Minimum opening order is $300 for all accounts. Minimum re-order is $150. Orders and shipping must be prepaid. All items are sold in case packs of 6 (unless otherwise noted).

Payment: Jollity & Co collects payment at the point in time that the product is ready to ship. By providing a payment method, you are authorizing Jollity & Co to charge the card for the invoiced amount at time of shipment. All orders shall be invoiced at the prices prevailing at the time of order date. Jollity & Co reserves the right to alter any prices or specifications without prior notice. Sales tax will be added to the invoice where required unless a valid exemption certificate is provided. No refunds of sales tax can be made after shipment.

Manufacturer’s Suggested Retail Price (“MSRP”): A wholesale partner shall not discount Jollity & Co products more than 20% below an item’s MSRP, available on the Jollity & Co wholesale website, without express approval in writing by Jollity & Co.

Past Due Orders: There is a 10% monthly service charge on all past due invoices. Collection costs and attorney fees will be at the customer’s expense. Wholesale partners with past due invoices will have orders placed on hold until the account is brought current.

Promotions: Jollity & Co promotions (i.e. promo codes on newsletters, postcards, social media, etc) are exclusive to customers who purchase at retail price and are not applicable to wholesale accounts.

Shipping Costs: All product ships FOB Norfolk County, Virginia. Shipping charges if applicable will be paid by the wholesaler and added by Jollity & Co to the invoice. Jollity & Co will do their best to ship all in-stock items within 72 hours of receiving the order, but we cannot and do not guarantee, warrant, or represent any time or date for delivery, nor will any claims for consequential loss be accepted. All backorders will ship when available unless order states no backorders.

Returns: We do not accept returns without prior notification and a return authorization number. All shipping damages or shortages must be reported within seven business days of delivery of the product(s). Jollity & Co will replace any defective or damaged items provided the preceding terms are met. No other returns will be accepted. Jollity & Co does not operate a Sale or Return policy. In extraordinary circumstances and only at the sole discretion of Jollity & Co, goods may be accepted for return. In these circumstances, a handling charge of 15% will be applied and the customer will be responsible for the safe and complete return of goods, including shipping costs.

Orders: By placing a wholesale order with Jollity & Co, the purchaser agrees to the above terms and conditions. No modifications or additions to these terms by the purchaser shall be binding on Jollity & Co. Jollity & Co reserves the right to amend or waive said terms and conditions at any time without prior notice. Terms and conditions in effect at the time of the order shall prevail. Non-adherence may result in termination of account. Jollity & Co is not responsible for any misuse of any product sold. Incomplete orders or orders waiting on payment information will be cancelled after 30 days. Orders must be made in designated quantities as listed on the wholesale website.

Use of Content: Jollity & Co grants to wholesale partners the right to distribute and publicly display the product and lifestyle content in media relating to the sales of Jollity & Co products including on the website, in-store digital displays, and on social media platforms. Content must include content credit defined as including the brand name in the product title, post title, or other means approved by Jollity & Co.

No Intellectual Property Rights Granted By Sale: Except as set forth in the above paragraph entitled “Use of Content,” the sale of goods by Jollity & Co to the wholesaler shall not confer upon the wholesaler any right or license to use the trademarks of other intellectual property rights of Jollity & Co, and such rights shall at all times remain the exclusive property of Jollity & Co. The copyright of the goods remains the property of the artist. No copies of these goods can be made without the written permission of Jollity & Co.

Digital Advertising Prohibited: Jollity & Co does not authorize customers to buy digital advertising on platforms such as Facebook, Google, Yahoo, Bing, Ask or any other search engine or social platform using keywords containing or confusingly similar to Jollity & Co trademarks, trade names or other trade rights.

Limitations on Sales: Wholesale partners are not authorized to make Jollity & Co products available on www.ebay.com, www.amazon.com, www.target.com, www.etsy.com, www.walmart.com, or any other third-party transacting website.

Product Details: Actual colors of our products may vary slightly from the photographs shown in the catalog and/or website. Samples are available upon request. Sample fees would amount to wholesale cost per product plus shipping.

Reclamation of Product: Risk & title changes hands when the wholesaler takes possession of the product(s). If at any time, payment of the price (or any other amount due from the customer to Jollity & Co) is overdue, the customer hereby authorizes Jollity & Co by its servants or agents, upon 3 days written notice, to enter the wholesaler’s premises and take possession of the goods at the wholesaler’s expense.

Choice of Law and Venue: The validity, construction and performance of any contract arising out of wholesaler’s use of the website or ordering of products from Jollity & Co shall be governed by the laws of the State of Virginia and be within the exclusive jurisdiction of the Virginia Courts and shall be venued in the City and County of Norfolk.

Severability: If any of these terms and conditions or any part hereof shall be held rendered void or unenforceable, for any reason, it shall be void or unenforceable to that extent and no further.

Additional Terms Applicable To International Wholesalers: Goods sold to retail establishments outside the United States require a commercial invoice with description/value of goods sold and the account details. Duties/taxes will be added to the invoice.

Inquiries: Please email us at wholesale@jollity.co