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VIM&VIGR

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VIM & VIGR U.S. RETAILER TERMS & CONDITIONS

 

PRICING: All prices are wholesale and apply to domestic trade only.

 

MANUFACTURER’S SUGGESTED RETAIL PRICE: It is the unilateral policy of VIM & VIGR to establish manufacturer’s suggested retail prices (“MSRP”) for all VIM & VIGR products and to refuse to sell products to retailers that advertise, or publicly promote products in any other manner (including, without limitation, the promotion through any internet auction on its own or third party websites) for less than the then current MSRP, as reflected on the current VIM & VIGR retailer price list, the calculation of which shall include all cash or non-cash incentives and volume discounts and the equivalent value in any free products. Retailers shall not at any time use the terms “discount,” “closeout(s),”  “off price,” “cheap,” “inexpensive,” or any similar term that diminishes or erodes the premium, high-quality image and goodwill of VIM & VIGR or its products in any advertising or promotional materials, including, without limitation, in printed circulars, newspaper advertising, radio, television, the retailer’s website, or in search engine marketing associated with the products, and the use of such terms at any time in any manner is a violation of this agreement.  VIM & VIGR’s refusal to sell will be entirely unilateral and based upon retailer’s independent actions without any implied or explicit agreement with retailers regarding advertised prices. Notwithstanding the foregoing, retailer may participate in one or more promotional sales periods (with discounted pricing) on such dates and according to such terms as are established by VIM & VIGR and communicated to retailer in writing.

 

ONLINE SALES: VIM & VIGR does not allow retailers to sell online, except with explicit written permission. This includes retailer’s own website, Amazon.com, or any other online marketplace.

 

TRADEMARK LICENSE: For such time as the retailer remains an account in good standing with VIM & VIGR and is in full compliance with all VIM & VIGR polices, VIM & VIGR grants to retailer a limited, revocable, nonexclusive, non-transferable, non-assignable, and non-sublicensable license to use the VIM&VIGR marks (the “Marks”) on retailer’s website and in retailer’s catalog. Retailer shall not have any rights in or to the Marks other than as set forth expressly herein, and all use of the Marks by retailer shall inure to the benefit of VIM & VIGR. Any and all uses of the Marks by retailer are subject to the prior written approval of VIM & VIGR. The VIM&VIGR stylized mark (logo) shall be used only in the form provided by VIM & VIGR to the retailer and shall not be altered by retailer other than as to size to fit publishing or printing constraints. Retailer has no right to use any content from VIM & VIGR’S website, or from any other VIM & VIGR promotional materials, without the prior written approval of VIM & VIGR. Retailer shall use all Marks in accordance with such guidelines as VIM & VIGR may provide to the retailer from time to time. Retailer agrees to cooperate with VIM & VIGR in facilitating VIM & VIGR’s monitoring and control of the use of all Marks by retailer and to supply VIM & VIGR with samples of use upon written request. Retailer shall not adopt or use any name or mark substantially similar to or incorporating any of the Marks as part of any trade name, domain name or URL (higher or sub level), nor shall the retailer register or attempt to register any of the Marks or any other mark confusingly similar thereto in the United States or any other country.

 

NEW ACCOUNTS: First-time minimum order is $350.00 USD.  At this current time, there are no pre-pack quantities. Please note that this is subject to change. A completed retailer application must be submitted either through www.vimvigr.com/pages/retailer-application or by completing this form and faxing to 406.258.0378 or emailing to Ann Nowak at ann@vimvigr.com. New accounts will be opened at VIM & VIGR’s sole discretion based upon market conditions and other factors deemed relevant by VIM & VIGR.

 

ESTABLISHED ACCOUNTS: There is no minimum reorder and no pre-pack quantities at this time.  Please note that this is subject to change. Minimum account maintenance is $750 annually. If annual volume is not reached the account will become inactive.

 

ON-LINE WHOLESALE ORDERING PLATFORM: VIM & VIGR currently uses NuOrder (www.app.nuorder.com) as the on-line wholesale ordering platform. All buyers must have an email account and on-line access to be able to order directly on the site. We will still honor orders provided to VIM & VIGR via email or the phone but prefer that the on-line ordering platform is used.

 

INACTIVE ACCOUNTS: Previously established accounts that have not met the minimum annual maintenance or have not placed a re-order within 12 months of last order will become inactive. To be reinstated, inactive accounts will be subject to reassessment and may be reopened at VIM & VIGR’s sole discretion.

 

INTERNATIONAL ORDERS: All international sales for resale are managed by VIM & VIGR. For more information contact orders@vimvigr.com.

 

PAYMENT TYPE: Merchandise and applicable freight charges will be invoiced after order ships. We require credit card payment for the first order, after which Net 30 terms are available upon credit approval. We do not accept C.O.D. orders. If you are unable to provide a credit card, contact acctrec@vimvigr.com

 

PAYMENT TERMS: A $30 fee will be assessed for returned checks. We reserve the right at any time to suspend or change credit terms if your account becomes past due. Failure to pay invoices when due will make all subsequent invoices immediately due and payable irrespective of terms. There will be a 1.5% fee for every month the invoice is past due. Additionally, VIM & VIGR may withhold all subsequent deliveries until the account is settled in full. For any invoice inquiries and requests contact acctrec@vimvigr.com.

 

ORDER PROCESSING TIME: For orders in stock, processing time is 5-10 business days. Changes to an order must be made within 24 hours of the order being submitted. Any changes requested after 24 hours are at VIM & VIGR’s sole discretion.

 

BACKORDERS: If an item is not in stock, it will go on backorder and be sent out automatically when restocked. The buyer is responsible for canceling backorders if the item is no longer required.

 

DISCONTINUED PRODUCTS: A discontinued product is one that VIM & VIGR has determined it will cease manufacturing and distributing. It is the unilateral policy of VIM & VIGR that retailers may be given opportunities to purchase and sell specifically authorized discontinued products on their websites from time to time. The sale of discontinued products is not subject to the above MSRP provisions. All references to discontinued products on the retailer’s website and in search engine marketing and copy must include the word “DISCONTINUED.” There must be NO reference to a specific price or percentage off suggested retail pricing in search engine marketing; any references to a specific price or percentage discount must be restricted to the retailer’s website. To avoid search engines identifying percentage discounts from your website, do not put discounts in your website text files but rather into graphic depictions. Do not use any of the terms prohibited in the MSRP section of this agreement with respect to “DISCONTINUED” offerings either on the retailer website or in search engine marketing.

 

SHIPPING: U.S. orders ship via the least expensive method (FedEx Ground, UPS Ground, USPS) unless a shipping account number is provided. Freight charges apply and will be added to invoice upon shipment. Please provide any special shipping instructions or guidelines at the time the order is placed. Buyer shall be responsible for filing damage claims with the carrier if the goods are damaged in transit.

 

CLAIMS & RETURNS: All claims for returns must be made within 60 days of receipt of goods, All refunds will be made in the manner payment for the order was received. An exchange may be made within 12 months for merchandise credit. Merchandise purchased for future use must be inspected upon receipt. Failure to make a claim within the stated time constitutes acceptance of the goods as is. No returns are accepted without authorization from your VIM & VIGR Account Manager. All Returns are subject to a 20% restocking fee.  Retailer must notify Account Manager and receive a Return Authorization (RA) before product could be returned. Retailer is responsible for reporting/filing claims on behalf of their customer. See full Return Policy for more details. 

 

All orders are subject to VIM & VIGR discretion. VIM & VIGR products may only be sold at locations approved in writing by VIM & VIGR. VIM & VIGR products may only be sold to consumers but not third party distributors, unauthorized retail dealers or unauthorized locations. The business relationship between VIM & VIGR and each retailer is "AT WILL"; that is, VIM & VIGR is free at any time to choose those with whom it wishes to deal. Moreover, both VIM & VIGR and the retailer have the right at any time to terminate the relationship for any reason whatsoever. Termination of the relationship by VIM & VIGR is effective immediately upon written notice.

 

☐ BY CHECKING THIS BOX, I AGREE TO THE TERMS & CONDITIONS