Terms & Conditions for Wholesale Orders
Effective January 1, 2021
**Placing a wholesale order with Himalayan Trading Post means you agree to 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. All new accounts will be approved at our discretion.
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.
Reorders are at a minimum of $125. 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 orders for 7 months may be deactivated, potentially experience a loss in territory exclusivity and be required to place a new opening order.
All orders ship within 10 business days, but may take longer during peak season.
After a minimum of 3 orders, credit worthy customers may apply for Net 30 terms. Extending terms is at the discretion of Himalayan Trading Post, and customers who violate the terms agreement are subject to having their terms status revoked and may be deactivated.
Returned checks will be charged a $30.00 returned check fee. Past due accounts will accrue interest at 1.5% monthly.
National and Regional multi-store accounts, at Himalayan’s discretion, are not considered to be a Territory conflict.
Himalayan Trading Post will only consider territory protection to customers who are active and in good status. Customers must spend $2500 per year, to qualify for protection. Himalayan Trading Post 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.
Orders are charged at a 14% rate for South East, 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.
Returns & Claims
Orders containing damaged items, mis-shipments or shortages must be addressed within 5 days of receipt of goods. No claims will be accepted via phone. Please email firstname.lastname@example.org 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 carrier note this before accepting delivery. Any decision made regarding claims is at the discretion of Himalayan Trading Post.
If a customer wishes to return an item, they must contact Himalayan Trading Post before doing so. Unauthorized returns are subject to a 15% restocking fee. Items must be received in good condition.
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 email@example.com. Once we determine an item to be defective, we will issue a call tag and send a replacement if necessary.
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.
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 Post and/or its licensors. You shall not acquire any ownership interest in any of Himalayan Trading Post’s Intellectual Property Rights under this agreement, and any goodwill derived from the use by you of Himalayan Trading Post’s Intellectual Property Rights inures to the benefit of Himalayan Trading Post 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, 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 Post 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 Post 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 Post 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 Post’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 Post 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 Post.
Terms & Privacy
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 firstname.lastname@example.org.
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:
- email address;
- shipping address;
- telephone number; and
- credit card number, expiration date and other payment information.
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;
- 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 email@example.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
AMENDMENTS TO POLICY
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 Post
1750 Breckinridge Parkway
Duluth, GA 30096
Attn: Legal Team
*Please allow 30 days for a response
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.