Terms and Conditions
Wholesale Terms & Benefits
Your submission of this Wholesale Application indicates that you agree to the terms of the following Wholesale Agreement:
1. A taxpayer identification number.
2. Billing/shipping address, phone/fax/email, and a contact person.
Nani Swimwear reserves the right to approve or disapprove any qualifying business for a wholesale account for any reason.
ORDERING & PAYMENT METHODS
The minimum opening order requirement is $2,000. The minimum reorder amount is $500. We do not allow for drop shipments. Changes to orders may be made until the order is processed for shipping.
All order invoices must be paid in full before the order will be shipped. We are happy to accept credit cards, checks, Venmo or Paypal for orders under $10,000. Returned checks are subject to a $30 fee. We accept credit card payments through our website check out platform. Orders over $10,000 will require ACH payment. Please email firstname.lastname@example.org for instructions.
Orders are shipped from North Logan, Utah with shipping charges paid by the customer.
Nani Swimwear will always replace any item with a manufacturing defect. All other sales are final.
Products purchased from Nani Swimwear shall be sold at the manufacturer’s suggested retail price (MSRP). In the event the Wholesale Account chooses to place the products for sale at a discount, in season MAP breaks are as follows: holiday sales and promotional events are allowed at a maximum of 25 percent off but require approval and are allowed on a case by case basis. Email email@example.com for approval. End of season maximum percent off: 40 percent off four months after release date.
No products purchased from or produced by Nani Swimwear shall be resold by or through any on-line auction or online store (such as eBay, Amazon or other similar sites). If Wholesale Account is planning to sell products produced by Nani Swimwear as part of its online store, it must be listed on the wholesale application and approved by Nani Swimwear.
Please notify Nani Swimwear regarding any changes to your company's account, including ownership, buyer, address, and credit card information.
1. Limitation of liability. Nani Swimwear will not be liable to Wholesaler for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or revenue, loss of use of the products, or cost of substituted products, which arise out of performance or failure to perform any contractual obligation, or out of negligence.
2. Remedies for breach. In the event of a Wholesaler breach, the parties agree that Nani Swimwear shall be entitled to elect between actual or liquidated damages. In the event Nani Swimwear elects liquidated damages, damages shall be assessed at $20 per unit multiplied by the number of units ordered. For example, if seller has ordered 1,000 units, and sells on an unauthorized third-party website, liquidated damages shall be $20,000. The parties agree that such damages are reasonably foreseeable as a result of the breach. The parties also acknowledge that Nani Swimwear may seek injunctive relief for such a breach. In no event shall Nani Swimwear be precluded from seeking actual damages, which include, but are not limited to expectancy interest, lost profits, and incidental and consequential loss.
3. Personal jurisdiction. Wholesaler hereby agrees to personal jurisdiction in the State of Utah.
4. Attorneys’ fees. In the event it becomes necessary to enforce this Agreement due to Wholesaler breach, Nani Swimwear shall be entitled to reasonable attorney fees, costs, and expenses incurred as a result.
5. Survival. Paragraphs 1-4 shall survive termination.
* Due to the nature of manufacturing fabrics, colors and pattern locations on suits can vary slightly.
*All materials, including images, logos, designs, icons, photographs, copy and other material that appear as part of this company are properties owned or licensed by Nani Swimwear, Inc. and are protected by copyright or other intellectual property laws, worldwide.
Nani Swimwear reserves the right to change the terms of this Agreement as necessary. Prices are subject to change without notice. Either party with 30-day written notice can terminate the wholesale relationship.
Confirmation of Agreement to Policies, Terms & Conditions
I agree that I will not file a chargeback with my issuing bank and understand in doing so I give Nani Swimwear the right to take legal action to enforce these conditions. In the event Nani Swimwear must seek legal action to enforce these conditions or collect a debt, the defendant shall be responsible for all legal fees. I agree that I will not allege to consumers that I manufactured these products myself, nor appointees of myself. I have reviewed and understand Nani Swimwear policies and procedures for payment and shipping as well as all terms and conditions. I authorize Nani Swimwear to keep this agreement on file and apply these policies to all future transactions made between Nani Swimwear and myself.
Please acknowledge your agreement to follow these conditions for all purchases that your company may make, by signing and entering today’s date below: