Terms and Conditions of Sale for Commercial Customers
By purchasing from CoolSnowGlobes you are accepting our Terms and Conditions.
Note: CoolSnowGlobes does not allow unauthorized selling on Amazon.com or any third party websites.
1. Acceptance By placing an order with Big Trike, Inc., d/b/a CoolSnowGlobes (“CSG”), you (or the company on whose behalf you are placing an order) (hereinafter, the “Customer“) agree to be bound by these Terms and Conditions of Sale for Commercial Customers (“Terms”). These Terms supersede all other prior or contemporaneous oral or written communications, proposals and representations with respect to the sale of goods by CSG, and CSG shall not be bound by any other terms or conditions except in a writing which is: (a) exclusively enforceable in New York courts, and (b) signed by the President of CSG.
2. Modifications of these Terms. CSG shall have the right to modify or update these Terms at any time by posting such modifications or updates on its website at https://coolsnowglobes.com/pages/csgterms. The Customer’s placing of an order after the effective date of such modification or update shall constitute customer’s acceptance of the modified or updated Terms. Accordingly, before placing an order with CSG, the Customer should check the foregoing URL to see if these Terms have been updated. For the avoidance of doubt, the applicable Terms for any Customer order are always those that bear the most recent date.
- Currency. All payments must be received by CSG in U.S. Dollars.
- Invoices. CSG will issue an Invoice or other notice to the Customer confirming that the order is ready to ship. Unless the invoice or notice you receive from CSG states otherwise, all orders must be paid in full prior to shipping.
- Loss. Title to CSG goods pass to the Customer when they leave CSG’s warehouse or distribution center. Consequently, the Customer shall be solely responsible for all losses to the goods, however caused, once it has been delivered over to the carrier.
- Late Payment. If Customer has been granted payment terms and fails to make payment when due, CSG shall have the right to assess interest charges at a rate of 1.5% per month or, if lower, the highest rate permitted by applicable law, on the principal amount due until paid in full.
- Minimum Advertised Price (MAP) Policy *
- CoolSnowGlobes has an established Minimum Advertised Price (MAP) Policy that all Authorized Resellers must follow for the advertising, marketing, and sales of CoolSnowGlobes products, specifically pertaining to your online stores. All pricing must be at or above MAP.
- Customers will be given 30 days notice for any price increases or change in MAP pricing.
5. Exchange of or Credit for Merchandise
- The Customer must inspect the goods when received, and must notify CSG within five (5) business days if any of the goods are damaged or defective. Notification must be given as provided in section 8.4 below.
- All requests for exchange or credit for damaged or defective goods: (i) must be accompanied by one or more photos sufficient to show the damage or defect; and (ii) will be considered by CSG on the basis of the photos provided. For goods damaged in shipping, the Customer must also provide a photo of the box in which the goods were shipped.
6. Marketing Limitation. Customer shall not sell the goods on Amazon.com or its affiliated websites, or on any other third party website, including Etsy, eBay, etc., anywhere in the world, without express written authorization. Customer may sell the goods only on the Customer’s own website with Customer’s own unique URL. Prior written authorization must be obtained before any online sales are allowed. Please contact email@example.com with any questions about online sales.
7. Care of Snow Globes
- Do not store the goods in a place where they are subject to extreme heat or cold (i.e., above 75º F or below 50º F).
- Do not display globes in a window exposed to daylight, under hot display lights, or in a place where they may receive direct sunlight, whether or not the globes are in their packaging. Improper care may cause defects, while exposure to sunlight can, in some instances, cause a fire if light passes through the glass at a particular angle.
- CSG snow globes are guaranteed for one (1) year from the date of purchase by Customer, but improper handling may void that guarantee.
8. Cancellations by CSG. CSG reserves the right to cancel any order partially or totally if the Customer: (a) has provided CSG with any materially false information with respect to its Customer Account; (b) breaches any of these Terms; (c) becomes insolvent; or (d) files or has filed against it a petition in bankruptcy or the equivalent thereof in Customer’s jurisdiction.
- Force Majeure. CSG shall not be liable for any failure to perform its obligations in connection with any transaction where such failure results from any act of nature or other cause not reasonably within CSG’s control, including but not limited to weather events, strikes, failure to procure raw materials, and delays caused by factories or shipping companies.
- Governing Law. These Terms and any dispute or controversy arising out of or related to these Terms, any orders or Invoices, or the relationship between the Parties established in any of the foregoing (“Claims”) shall be governed by and construed, interpreted and resolved in accordance with the laws of the State of Vermont without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in Windsor, Vermont, and the Parties irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto. In any action by CSG to recover monies owed by the Customer, CSG shall be entitled to its reasonable attorneys’ fees, court costs and legal expenses, in addition to any outstanding amounts owed by the Customer.
- Limitations on Liability. In no event, whether as the result of breach of contract, warranty, tort (including negligence and strict liability) or otherwise, shall CSG be liable to the Customer for any special, consequential or incidental damages, including but not limited to loss of profits or revenues.
- Notices. Whenever a notice is required by the Customer, the notice must be in writing and sent to CoolSnowGlobes at 141 Valley Trace, Windsor, Vermont 05089, by certified mail, return receipt requested, or by Federal Express or other reputable express delivery company that requires signature upon delivery. Notwithstanding the foregoing, requests for exchange or credit for defective or damaged goods must be sent via email to firstname.lastname@example.org.
- Severability. If any provision of these Terms shall be held void, voidable, invalid or inoperative, the remaining provisions shall remain in full force and effect.
*MAP PRICING STRUCTURE
Each of our 3 Wholesale price levels has a required MAP Price for any and all online sales.
$8 WS Price = $18 MAP
Items at $8 WS price must be listed at no less than $18 MAP.
Buddha to Go Gold
$22 WS Price = $45 MAP
Items at $22 WS price must be listed at no less than $45 MAP
$28.50 WS Price = $57 MAP
Items at $28.50 WS price must be listed no less than $57 MAP
All other globes.
All pricing is USD.