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WHOLESALE TERMS + CONDITIONS

This is a legal contract and agreement (“Agreement”) between you and Age To Come Apparel (“Age to Come Apparel”). By accessing, browsing, and using this website www.agetocomeapparel/wholesale.com (“Site”) to purchase garments and other products (“Merchandise”), you (i) acknowledge that you have read, understood, and accepted the terms and conditions of this Agreement, and (ii) agree that such terms and conditions are a legal contract by which you are bound and which govern the purchase of Merchandise by you from Age to Come Apparel.

If for any reason you do not agree with and accept all the terms and conditions of this Agreement, you should discontinue using this Site for purposes of purchasing Merchandise.

As discussed below, Age to Come Apparel reserves the right, from time to time, to change this Agreement.

By using this Site for purposes of purchasing Merchandise, you further agree to the terms and conditions of Age to Come Apparel’s Privacy Policy and the Terms and Conditions of Use.

LOG-IN AND PASSWORD

In order to use the Site to purchase Merchandise, you must register for an account here and be approved by Age to Come Apparel.  Upon approval by Age to Come Apparel, a user name and initial password will be e-mailed to you. Once the initial password has been issued, Age to Come Apparel recommends that you change the password (See the “My Account” section). You are solely responsible for maintaining the confidentiality of your user name and password. Age to Come Apparel is not responsible for unauthorized use of your user name and password.  We may ask you to prove the existence of your business and the sales methods that you use in order for Us to establish that you are a retailer. This may include, amongst other things, your providing to Us the address of your retail outlet and/or a digital photograph of your store front, and/or details of the URL of your website from which you operate your own e-commerce enabled webstore.

Age to Come Apparel will never contact you (e-mail, phone, fax or other) and request your password. Age to Come Apparel highly recommends that you periodically change your password.

PRICE, QUANTITY, PAYMENT TERMS, AND ACCEPTANCE OF ORDERS

1      The price and quantity of Merchandise purchased and sold will be stated on your purchase confirmation that will be e-mailed to you at the e-mail address you provided during the registration process. Freight costs, which are paid by you, may only be estimated. Actual freight costs may vary.

2      Unless otherwise agreed to by Age to Come Apparel, payment of the purchase price is due and owing at the time you submit your order. Payments may be made by credit card. Age to Come Apparel, in its discretion, may agree to other payment terms, subject to prior credit approval.

3      All orders are subject to approval and acceptance by Age to Come Apparel. Age to Come Apparel may reject orders for any reason, including without limitation a decision based on your credit status.

4      Minimums are stated next to each item and new customer orders $ minimum is $500.00 unless otherwise stated or approved.

5      If We are unable to supply you with any Product(s) ordered, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid in respect of the relevant Products as soon as is reasonably practicable, where you have already paid for the Products.

6      We must receive payment within 7 calendar days of your receipt of the Invoice in full for both the price of the Products ordered and any delivery or other applicable charges (if any) before We accept your Order. Once your Invoice is paid, then your Products will be dispatched to you as indicated by you.

 

SHIPPING

All Merchandise is shipped FOB, Portland, Oregon USA. The risk of loss shifts to you after Age to Come Apparel has delivered the Merchandise to the common carrier for shipment. Age to Come Apparel is not responsible for any delays after Age to Come Apparel has delivered the Merchandise to the common carrier.

DELIVERY AND INSPECTION

Delivery dates are estimated and are based upon market and production conditions at the time of your order. Age to Come Apparel is not liable for any delay in or failure to make one or more shipments if such delay or failure is due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine, restrictions, mill conditions, strikes, delays in transportation, fuel, parts, labor or materials, or any other circumstances or cause beyond Age to Come Apparel’s control.

You are required to promptly inspect the Merchandise upon delivery. You should immediately notify Age to Come Apparel if the Merchandise does not conform to your order or if the Merchandise is defective.

WARRANTY

Except as provided below, Age to Come Apparel warrants that, subject to normal use, the Merchandise will be free of defects in material and workmanship for a period of 1 year from the date of sale to you.

This warranty does not cover or include and Age to Come Apparel has no liability for:

1      problems caused by misuse or abuse of the Merchandise, or

2      Merchandise that has been decorated, modified with embroidery, or otherwise altered.

The Merchandise is not flame-resistant or acid-resistant. The Merchandise should not be worn if the person wearing the Merchandise is exposed to fire, other flammable materials, or acids. You are prohibited from warranting or representing that the Merchandise is flame-resistant or acid-resistant. Age to Come Apparel makes no representations or warranties as to the use of the Merchandise in cold or wet weather.

If the Merchandise fails to conform to the warranty, you must promptly give written notice to Age to Come Apparel of the warranty claim. You may give notice by e-mail, fax, or mail.

If the Merchandise fails to conform to the warranty and if you make a timely claim of breach of warranty, then Age to Come Apparel will, upon return of the Merchandise, refund or credit the purchase price, or if the Merchandise has not been returned, in Age to Come Apparel’s discretion, Age to Come Apparel may adjust the purchase price and refund or credit your account with the adjustment. The procedure for returning Merchandise is provided below. Age to Come Apparel may set off any refund against any outstanding amount owed by you to Age to Come Apparel.

The remedy of

1      adjusting the purchase price of the non-conforming Merchandise, or

2      refunding or issuing a credit to you,

represents and constitutes the sole and exclusive remedy available to you for a breach of warranty claim, breach of contract claim, tort claim (including negligence or strict liability), or any other claim with respect to the Merchandise. The remedy shall be determined by Age to Come Apparel in its sole discretion.

You are prohibited from altering or modifying the tags that accompany the Merchandise. Age to Come Apparel is not responsible for any representations or warranties made by you to the consumer.

RETURNS

Unless otherwise authorized in advance by Age to Come Apparel, and such authorization may be given in Age to Come Apparel’s sole discretion, only Merchandise that is defective and otherwise is subject to a valid warranty claim may be returned. In the absence of a valid warranty claim, Age to Come Apparel will consider authorization of the return of Merchandise only if the request is made within thirty (30) days after the date of delivery to you of the Merchandise.

You may not return any Merchandise after it has been decorated, modified with embroidery, or otherwise altered.

Before returning any Merchandise to Age to Come Apparel, you must obtain prior authorization from Age to Come Apparel. Merchandise may not be returned without first obtaining authorization from Age to Come Apparel. You may request authorization by calling the Age to Come Apparel customer service department at 855-222-1224 or emailing wholesale@agetocomeapparel.com. The customer service department will reply to your via email or phone within 24 hours

WARRANTY DISCLAIMERS

Age to Come Apparel MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND Age to Come Apparel EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

THE LIABILITY OF THE Age to Come Apparel ARISING OUT THE SUPPLYING OR SELLING OF THE MERCHANDISE, OR ITS USE BY YOU OR YOUR CUSTOMER, AND WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE. THE REMEDIES SET FORTH ABOVE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF YOU AND THE SOLE AND EXCLUSIVE LIABILITY OF Age to Come Apparel WHETHER THE CLAIMS ARE BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL Age to Come Apparel BE LIABLE TO YOU OR YOUR CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PROPERTY DAMAGE, LOSS OF USE, EXPENSES OF RECALL, OR OTHERWISE.

ENTIRE AGREEMENT/CHANGES

This Agreement sets forth the entire agreement of the parties with respect to the subject matter. These terms and conditions may not be altered, supplemented or amended by the use of any other documents.

Age to Come Apparel may change this Agreement at any time without notice by updating the wholesale website portal and the change is effective immediately upon such posting and change to the Site. By using the Site for purposes of purchasing Merchandise, you agree to be bound by any such changes. You should periodically visit the Site and this page to determine the then current terms and conditions of which you are bound.

APPLICABLE LAW AND VENUE

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Age to Come Apparel’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may be assigned in whole or in part by Age to Come Apparel. This Agreement may not be assigned in any manner by you without the express, prior permission of Age to Come Apparel. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Multnomah, Portland, Oregon (the “Oregon Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of relating to this Agreement except in the Oregon Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

SEVERABILITY

If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.