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The Kenyan Collection Reseller Terms and Conditions
The Kenyan Collection is a dba of The Kenyan Collection, Inc. (“TKC”)
· Welcome as an online reseller and/or In-Store dealer of The Kenyan Collection products. We work hard to distinguish our products in the market both in terms of quality, desirability and positive social impact. In order to maintain our reputation in the marketplace (which benefits you as well) we ask that our online resellers abide by some simple rules. In return, we commit to managing the number of on-line resellers and In Store Dealers in a way that reflects our appreciation of the investment you are making in our line. We are happy to discuss ways in which we can support your efforts to promote, advertise and market available products in our line and we appreciate your feedback on the product and our customer service.
· Availability and Delivery:
o Domestic Open Stock: The Kenyan Collection carries discretionary inventory levels of bestsellers domestically. In stock delivery generally is 3-8 business days.
o Items not immediately available in domestic open stock will be added to our monthly stock shipment from Kenya; please allow about 30-45 business days.
o Special orders will be evaluated on a case-by-case basis and are subject to special handling charges.
o Items on backorder at the factory generally take 6-8 weeks to come back into stock. You may have the option to ship complete or split ship.
Minimum Order Quantities for Opening and Annual Maintenance:
· Opening Order Minimums:
o Dog and Pet Product: Starter set, minimum $684
· Belts and People Products: Starter set, $1872
· Reorders / Fill-in Minimums:
o No Minimum reorder
· Annual Order Volume (calendar year) to remain active Reseller:
o Dog and Pet Products $1500
o Belts and People Products $4000
· Fees (if applicable):
o Drop Ship orders will incur a $5 processing fee in addition for shipping expenses.
· The products can be ordered independent of one-another or together; Resellers do not have to purchase all to order one. Meaning you do not have to carry both pet and people products.
Pricing and Payment Terms:
· All quoted prices are in US$ and inclusive of international freight and customs clearance costs. FOB Florida.
· Placement of an order confirms acknowledgement, agreement and compliance with The Kenyan Collection’s general Terms and Conditions.
· Payment is due at time of order fulfillment and shipping.
· Payment forms accepted include wire transfer, certified check, business check (goods held until check clears), credit card (Visa, M/C, Amex, and Discover) and PayPal.
o Checks can be made payable to “The Kenyan Collection”.
o Returned checks are subject to a $30 handling fee
· In the event of price changes, it will be communicated timely. Open orders taken prior to price changes, will honor the prices given at time of order taking. Adjustments/additions to open orders will be subject to new pricing.
· M.A.P. pricing: To maintain integrity of the brand all Products are to be discounted no more than ten percent (10%) from Suggested Retail Price (SRP)
· Resellers are expected to not inflate retail prices more than ten percent (10%) or greater above SRP to maintain consistency.
General Delivery Terms:
· All shipping to Resellers originates domestically; FOB Ocala, Florida. Reseller will be invoiced for domestic or international shipping. Service is assumed FedEx Ground or USPS Ground unless Express Service is otherwise requested and paid by Reseller.
· The Kenyan Collection maintains its own private producers. Production, availability, and delivery timeframes mentioned herein are estimates. Supplier shortages, strikes, US Customs delays, shipping delays and other factors out of our control may adversely impact delivery times. The Kenyan Collection will make best efforts to resolve delays.
· To accurately place orders, all orders are final upon order submission. Refused orders by the dealer, changes, cancellation following submission, returns for reason other than default may be subject to a 20% cancellation or restocking fee subject to management’s discretion.
· Each order must have only one single delivery destination. We cannot split up goods on one order and ship to multiple addresses; Reseller must make one unique order per delivery address.
· Rush delivery or processing requests may be subject to a rush processing fee plus the incremental cost for upgraded delivery service.
Buying Terms:
· The Kenyan Collection has the unequivocal right to accept or decline orders from any qualifying Reseller for reasons which may or may not be disclosed. The Kenyan Collection also maintains the right to discontinue relations with any Reseller it deems to not be fully supportive of the Brands at any time and at its own discretion.
· The Kenyan Collection maintains the right to request photographs of Reseller locations and merchandising displays in making account decisions.
· Resellers must provide all selling locations to The Kenyan Collection on the account application; this includes mobile locations at horse or dog shows and other pop-up venues. Resellers shall notify The Kenyan Collection when it adds or drops horse or dog show or pop-up venues.
· Likewise, The Kenyan Collection will make best efforts to endorse any best in class Resellers whenever the occasion arises whether through social media, advertising, editorial, in-store promotions, trunk shows or the like.
· The Kenyan Collection will also practice best efforts to fill orders complete and to customer specification. The Kenyan Collection cannot be held accountable for stockouts, backorders, cancellations, or product unavailability for other reasons that are the result of manufacturer processing issues and/or decisions.
· Only orders submitted via the following channels will be accepted for processing:
o Via our online B2B system (these orders take top priority)
o Via email to orders@thekenyancollection.com
o Via phone at our direct office number 703.743.9991
o These policies are necessary to ensure accurate order processing.
ONLINE SELLING POLICIES:
Retailer hereby acknowledges that it has read and understands The Kenyan Collection, Inc.’s Online Selling Policy and agrees to abide by its provisions.
Retailer agrees to:
Honor The Kenyan Collection, Inc.’s MAP pricing policies as stated here: The Kenyan Collection, Inc advises each of its dealers, distributors, retailers and resellers that advertising The Kenyan Collection, Inc products at a price below the manufacturer suggested retail price as listed or published by The Kenyan Collection, Inc in its most recent suggested retail price list , without prior consent, may lead to certain actions, including the discontinuance of its business relationship with such dealer, distributor, retailer or reseller. For the purpose of this policy, the term “advertising” shall include any price listing accessible to consumers directly via the Internet. The Kenyan Collection, Inc.’s intention and policy is not to engage any dealer, distributor or retailer that advertises The Kenyan Collection, Inc. products at prices below MSRP.
Under NO circumstances is any Reseller or its affiliates permitted to sell the Brands through third-party eCommerce websites and portals such as eBay, Amazon, Etsy, affiliates and similar. Buying rights will be immediately terminated and open orders cancelled at the Reseller’s expense.
Use The Kenyan Collection, Inc.’s most current logos, copyright information, photography, and graphics.
Remove all expired or outdated images as requested by The Kenyan Collection, Inc.
Display only those styles that are in the Retailer’s inventory.
Not sell or advertise The Kenyan Collection, Inc. products on auction sites or 3rd Party Platforms. Included but not limited to eBay, Amazon, Etsy and Affiliate Programs.
Only sell The Kenyan Collection, Inc. products to end-users.
From time to time The Kenyan Collection will offer sales on their website. We will advise you of any upcoming sales and encourage you to participate in them as well. If the dealer sells anything during this time period, the dealer can restock on those items at ½ the retail sale discount. Meaning that if the sale is for 20% off, the dealer will receive 10% off wholesale to restock. All restocking must take place within 5 business days of the end of the sale.
Product Returns:
· Orders are final and binding upon submission to The Kenyan Collection. If goods are visibly damaged upon receipt in the US from the manufacturer; The Kenyan Collection will return them expeditiously for prompt replacement. The Kenyan Collection will offer Reseller a substitute if available in domestic open stock.
· Goods damaged during domestic shipping to Reseller and in their original packaging, unworn, with hang tags in place may be returned within seven (7) business days. The Kenyan Collection will repair, replace, or provide Reseller an account credit for amount of damaged goods in that order.
· Goods found defective by the Reseller or returned to the Reseller by consumer as defective within thirty (30) days of shipment date from FOB location may be eligible for repair or replacement; the latter only if repair not possible and the default is clearly an issue of original manufacturing and not consumer handling. Photos of defective item must be emailed immediately for repair or return consideration. Contact The Kenyan Collection to discuss circumstances and to receive a RMA#.
Branding:
· The Kenyan Collection is supportive of building the Brands in the US and Globally. Brand recognition helps us all to succeed. Thus, to the extent economically possible The Kenyan Collection will:
o Place print advertisements in select media.
o Seek favorable editorial coverage.
o Provide donated items for promotions, silent auctions and giveaways.
o Actively manage social networking accounts as ‘The Kenyan Collection’ on Facebook, Twitter, and Instagram.
The Kenyan Collection operates a direct eCommerce site retailing the entire collection.
Contact Information:
Mailing address: 6 Meadow Wood Dr, Ocala, FL 34482
Cindy Lay - Owner 703.743.9991
Stewart Newman – Owner 760.646.3675
Facebook, Twitter, and Instagram as ‘The Kenyan Collection’
Acknowledgement: I/We (“Reseller”) hereby acknowledge we have received a copy of and understand The Kenyan Collection’ Terms and Conditions for purchasing the Brands through The Kenyan Collection authorized distributorship. I/We, the Reseller, understand that any order submitted to The Kenyan Collection re-confirms acknowledgement, agreement and compliance with The Kenyan Collection’ general Terms and Conditions.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Kenyan Collection, Inc.. The collective work includes works that are licensed to The Kenyan Collection, Inc.. Copyright 2003, The Kenyan Collection, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Kenyan Collection, Inc. or purchasing The Kenyan Collection, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Kenyan Collection, Inc. or to purchase The Kenyan Collection, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Kenyan Collection, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Kenyan Collection, Inc. used in the site are trademarks or registered trademarks of The Kenyan Collection, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Kenyan Collection, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Kenyan Collection, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Kenyan Collection, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Kenyan Collection, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Kenyan Collection, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Kenyan Collection, Inc. product is mistakenly listed at an incorrect price, The Kenyan Collection, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Kenyan Collection, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Kenyan Collection, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Kenyan Collection, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Kenyan Collection, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Kenyan Collection, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Kenyan Collection, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Kenyan Collection, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. The Kenyan Collection, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Kenyan Collection, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Kenyan Collection, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
The Kenyan Collection, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Kenyan Collection, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Kenyan Collection, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Kenyan Collection, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Kenyan Collection, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Kenyan Collection, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with The Kenyan Collection, Inc., The Kenyan Collection, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Kenyan Collection, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Kenyan Collection, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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