Himalayan Trading Wholesale Terms & Conditions for Wholesale Orders

Effective May 22, 2023

Placing a wholesale order with Himalayan Trading is your acknowledgment and acceptance of the following:

 

Opening Orders and New Accounts

Upon approval, the minimum opening order is $300 prior to shipping costs. Orders for new accounts must be approved and must be prepaid prior to items being packaged for shipment. Payment may be made via credit card. In order to be approved, accounts must be a brick-and-mortar store that does not conflict with existing area accounts. New accounts will be approved at our discretion. Wholesale accounts agree that they will NOT attempt, without prior authorization from Himalayan Trading to resell any Himalayan products online through any other business site, i.e., eBay, Amazon, Etsy or any other similar sites, with the exception of your store branded online retail site.  Wholesale accounts agree to never divulge any proprietary information or confidential pricing to any individual, group or agency, outside the direct relationship held with Himalayan Trading.

Sales Tax Exemption Form (only applicable to US accounts)

A Sales Tax Exemption Certificate is required for all accounts. Opening orders will not be processed without proper documentation.

Orders

Reorders are at a minimum of $150. If a customer wishes to make a change to an order, it must be done at least 5 days prior to the customer’s requested ship date. No more than two changes may be made to an order. Accounts that do not place an order for 7 months may be deactivated, potentially experience a loss in territory exclusivity and be required to place a new opening order.

Lead Time

All orders ship within 10 business days but may take longer during peak season.

Payment Terms

After a minimum of 3 orders, creditworthy customers may apply for Net 30 terms. Extending terms is at the discretion of Himalayan Trading. Customers that violate payment terms are subject to having their credit terms status revoked and their account may be deactivated.   Returned checks will be charged a $30.00 returned check fee. Past due accounts will accrue interest at 1.5% monthly.

Territory Protection

National and Regional multi-store accounts, at Himalayan’s discretion, are not considered to be a Territory conflict. Himalayan Trading will only consider Territory Protection to customers who are active and in good status. Customers must purchase $2500 of Himalayan products per year, to qualify for Territory Protection. Himalayan Trading reserves the right to offer protection at their discretion and may approve new accounts that support our non-competing collections or serve a non-competing channel. All store locations must be approved by Himalayan.  If a store relocates, the new location must be re-approved for Territory Protection.

Shipping

Orders are charged at a 14% rate for Southeast, East Coast and South Central Customers, and a 17.5% rate for the balance of the continental states.  Alaska and Hawaii must use a freight forwarder.   Shipments will leave from our facility in Duluth, GA. Customers with their own shipping accounts via UPS or FedEx are welcome to use them. Otherwise, orders will ship via UPS ground, or a common carrier for orders over 200 lbs.  Customers requiring expedited shipping may request a quote. Unless pre-approved, Himalayan products may not be transferred from one store location to another.

 Returns & Claims

Orders containing damaged items, mis-shipments or shortages must be reported within 5 days of receipt of goods. No claims will be accepted via phone. Please email orders@himalayantradingpost.com for claims to be reviewed and processed. Claims totaling under $25 may only receive credit on their account. All damaged items must be supported by photographic evidence (outer and inner box and contents). If cartons appear to be damaged, please have the carrier note this before accepting delivery.  Any decisions made regarding claims are at the discretion of Himalayan Trading.  If a customer wishes to return an item, they must contact Himalayan Trading before doing so. Unauthorized returns are subject to a 20% restocking fee and return freight charges which will be paid by the wholesaler. Items must be received in good condition with original tags, dustcovers and boxes and no additional stickers or store identification marks.

Defective Items

Due to the handmade nature of our products there may be some variation in color, size and finish. These are not considered defects. In the event your item is defective, please contact us with photographic evidence at orders@himalayantradingpost.com. Once we determine an item to be defective, we will issue a call tag and send a replacement.

Backorders

We do our best to keep items in stock, but backorders may occur. Backorders will ship as available without notice. If you elect to cancel your back-ordered items, you must contact us within 7 business days of receipt of the first shipment.

Intellectual Property

You acknowledge that all intellectual property rights in and to the items, including without limitation all trademarks, copyrights, inventions, patent rights, trade secrets, product designs, signs, labels, and packaging associated with or relating to the items (“Intellectual Property Rights”), is the sole and exclusive property of Himalayan Trading and/or its licensors. You shall not acquire any ownership interest in any of Himalayan Trading’s Intellectual Property Rights under this agreement, and any goodwill derived from the use by you of Himalayan Trading’s Intellectual Property Rights inures to the benefit of Himalayan Trading or its licensors, as the case may be. You may not and agree not to, nor will you assist or direct anyone to copy, reproduce, develop, engineer, commission, collaborate or modify the items or create derivative works of the items for any reason.

 Disclaimer of Warranties; Limitation of Liability

To the fullest extent permissible by applicable law, Himalayan Trading disclaims all warranties, including any warranty of merchantability, warranty of fitness for a particular purpose, warranty of title, or warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.  In no event shall Himalayan Trading be liable to any person or entity for any special, incidental, indirect, consequential, punitive or exemplary damages, including loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Himalayan Trading has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Himalayan Trading’s aggregate liability from any claims related to or arising out of any items sold hereunder shall not exceed the amount paid by you to Himalayan Trading for such items. You agree that you will make no warranty, guarantee, claim or representation in connection with the items. Any such warranty, guarantee, claim or representation given by you in violation of this section will be unenforceable against Himalayan Trading.

 Terms & Privacy

Himalayan Trading LLC, (together with its DBA names, “Himalayan Trading , Himalayan Candles and Himalayan Hand Made Candles”, “we” or “us”) respects your privacy and is committed to protecting our customers’ personal information. By accessing our website at www.himalayantradingpost.com (the “Website”), you are accepting the practices described in this privacy policy (“Privacy Policy”). If you do not agree with this Privacy Policy, you are not authorized to use this Website. If you have any questions about the Himalayan Privacy Policy please contact us at privacy@himalayantradingpost.com.

Children Under The Age Of 13

Our website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not make any purchases through the Website, use any of the interactive or public comment features of this Website or otherwise use the Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@himalayantradingpost.com.

Information Collected

We collect and store any information that you enter on our website or otherwise send or submit to us in any other way, including, but not limited to your:

• name;
• email address;
• billing address;
• shipping address;
• telephone number; and
• credit card number, expiration date and other payment information.

While you can choose to not provide certain information, you may not be able to take full advantage of our products and services if you do so. Additionally, we automatically gather certain information and statistics regarding the usage of the Himalayan Website through the use of cookies and other technologies. If you choose to purchase a gift for another individual, we may ask for that individual’s name, shipping address, phone number, and email address. Himalayan will store this information for the purposes listed below. The other individual can contact Himalayan by email at privacy@himalayantradingpost.com at any time to request removal of their information from the Himalayan database.

How We Use Information

We use the information that you provide for, among other things, fulfilling orders, responding to requests, customizing products, improving our website and services, communicating with you and otherwise enhancing your usage of the Website. Without limiting the generality of the foregoing, we may also use the information to provide a personalized shopping history and/or to notify you about new services, special promotions, and/or offers. Except as otherwise provided herein, Himalayan will keep your information confidential and will not sell, rent or otherwise share your personal information to any third party. Notwithstanding the foregoing to the contrary, we may provide your information to our subsidiaries, affiliated companies, and third-party service providers and contractors who perform services on our behalf, for the purposes of promoting, marketing, selling, distributing, and supporting Himalayan products. Himalayan requires that these parties agree to use such information solely for this purpose and uses reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. Additionally, we may disclose or release your information:

• If we believe in good faith that the release or disclosure of such information is necessary (x) to comply with state, federal, and/or international laws, regulations or rules or (y) to respond to a court order, subpoena, search warrant or similar request of a governmental entity.
• To enforce this Privacy Policy or our other legal or proprietary rights.
• If in our good-faith belief the release or disclosure of such information is necessary to protect the safety, rights, or property of Himalayan, its employees, or third parties; or
• To a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

Unsubscribe; Opt Out

Email addresses submitted to any of our mailing lists will be used solely for the purpose of sending you special offers and announcements from Himalayan and other partners. Emails we send will include information on how to unsubscribe from our lists. You may also unsubscribe from any Himalayan email list at any time by sending an email to privacy@himalayantradingpost.com.

How We Protect Your Information

Himalayan has adopted reasonable administrative, technical, and physical security measures to protect your information against loss, theft, unauthorized access, alteration, disclosure or destruction. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Himalayan uses standard security protocols and mechanisms to facilitate the exchange and the transmission of data. We do not process information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. In the event that your information is acquired by an unauthorized person and applicable law requires notification, we will notify the affected individual of the breach by email or, if we are unable to contact the individual by email, then by regular mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Himalayan or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. Himalayan may delay notification if we or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until we or the agency determines that notification will not compromise the investigation.

Links To Other Sites

Our website may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. Himalayan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

Amendments To Policy

We reserve the right to change our Privacy Policy at any time and without forewarning. We will post any revised Privacy Policy on this page so that you will be able to determine how your information is gathered and used. Your continued use of this Website indicates your assent to the Privacy Policy as posted.

California Privacy Rights

Pursuant to California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

Re: California Privacy Rights Notice

Himalayan Trading

1750 Breckinridge Parkway, Suite 500

Duluth, GA 30096

Attn: Legal Team

*Please allow 30 days for a response

Governing Law

All matters arising out of or relating to this agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.

 Submission to Jurisdiction

Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

International Users:

If you are accessing the Website from the European Union or any other country or region with laws or regulations governing personal data collection, use, and disclosure, that differ from US laws, please be advised that through your continued use of the Website, which is governed by US law and this Privacy Policy, you are transferring your personal information to US and you consent to that transfer.