Wholesale 1
WHOLESALE DISTRIBUTOR AGREEMENT
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Please read this entire agreement:
Discount Pricing: Wholesale 1 (No Min) / 35% OFF MAP Pricing
Per Order Minimum: No Minimum
Free Shipping on orders over $2,500
Orders shipped on your account: $10 fee
Returns: Need approval and will be charged a 20% restocking fee
Damaged, Incorrect Shipments and Returns: Must notify Soothing Touch within 5 days via online form
Minimum Advertised Price: MAP pricing is established by Soothing Touch for all of its products -
How to Place an Order
All orders must be placed online at our website, www.soothingtouch.com. We do not accept manual purchase orders. All Distributor Terms are active in online accounts.For questions about the ordering process, contact Customer Service at:
https://www.soothingtouch.com/contact-us.html
or
customerservice@soothingtouch.comOrdering Policy
PLEASE READ BEFORE PLACING YOUR ORDER
By placing an order with us, you agree to the following terms:
- All Sales Are Final – Once an order is placed, it cannot be canceled or refunded.
- Order Mistakes – If you make an error when placing your order, you may receive a credit to your account, minus a 20% restocking fee, only if you contact customer service within 24 hours of the order timestamp. After this period, no credits will be authorized. No refunds will be authorized.
- Review Your Order Carefully – Please double-check all details before submitting your purchase to avoid any issues.By completing your purchase, you acknowledge and accept these terms.
Distributor Pricing
You are a Wholesale 1 customer. This entitles you to 35% off MAP prices plus promotions.
In order to receive your discount, you must order in full case quantities.
ShippingAll orders over $2,500 qualify for free shipping.
Soothing Touch will make all decisions regarding shipment packaging and carrier unless the customer specifies at the time the order is placed (and only if the customer is shipping on their own account). Any special requests may be subject to additional fees. You will be notified of these fees when you place the order or prior to shipment.
Bill to my Shipping AccountA $10 handling fee will be added to these orders and they will be shipped on the customers freight, UPS or FedEx account. Freight orders will be shipped on whichever freight carrier is provided by the customer. Soothing Touch is not responsible for any charges incurred based on the customer selecting this option. If the customer fails to provide a shipping account number, they will be billed directly from the selected freight company.
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Freight Damage Claim Policy
In order to be fully credited/reimbursed for missing or damaged product, the following steps must be followed.1. Visually inspect shipments upon arrival for damage or missing cases (torn shrink wrap, dented boxes, oil leakage, and broken pallet)
2. All missing/damaged cases must be noted on the Delivery Receipt or Bill of Lading, and signed by recipient and delivery driver.
3. Within 5 days of receipt, forward a copy of the delivery receipt with notation of missing or damaged product along with a copy of the purchase order (or PO number) and pictures of damages to: customerservice@soothingtouch.com
4. Within 5 days of receipt, complete the Damage form at www.soothingtouch.com/claims
5. Save any damaged product(s) and packaging until asked by Soothing Touch to discard. We may need them returned or the shipping company may want to inspect them.
Failure to follow the above guidelines will result in a claim being denied.Please note: Any order shipped on a customer's shipping account must be handled by the customer. Soothing Touch is not responsible to replace/refund the product or refund the shipping. It is the customer's responsibility to file a claim with their shipper. Soothing Touch cannot file a claim on their behalf. If the customer needs a replacement product DAMAGED BY THEIR OWN SHIPPER, they can purchase the product from us again. It is up to the customer to get the replacement cost from the shipper.
Mis-Ship Claim PolicyIn order to be fully credited/reimbursed for mis-shipments, the following steps must be followed.
1. Receive each shipment carefully matching the received product to the provided packing slip.2. Within 5 days of receipt, complete the Mis-Ship form at www.soothingtouch.com/claims
Failure to follow the above guidelines will result in a claim being denied.
ReturnsAll returns require notice within 5 days and written approval from Customer Service prior to returning.
Once approved, unopened product must be returned within 7 days and will be charged a 20% restocking fee.The unopened product must be in new condition, unused, and in original packaging. There is no refund of original shipping charges and the customer is responsible for return shipping fees.
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Soothing Touch Minimum Advertised Price "MAP" and Sales Policy
Soothing Touch in its unilateral and sole determination has determined that its sales goals are best reached when its high-quality products are sold through Distributors who provide superior customer service, product knowledge and who promote the preferred and superior product image, high quality and value of the brand.
Soothing Touch has also determined that Distributors who engage in national advertising at less than prices set forth by Soothing Touch, significantly affect and erode both the broad based distribution channels and the superior image Soothing Touch and its consumers have attached to the products and trade name covered under the Soothing Touch brand.
In addition, advertisement of unauthorized discounted products encourages distributors to take advantage of another distributor's service level and investment.
Therefore, Soothing Touch has set forth these policies and has determined to do business with quality distributors that agree to adhere to this MAP policy on all printed catalogs, flyers, magazines, newspapers, inserts, newsletters, coupons, posters, mail order catalogs, literature and internet advertising.
1. The "MAP" for all Soothing Touch products shall be listed on a price sheet issued by Soothing Touch. MAP pricing is established by Soothing Touch for all of its products and may be adjusted by Soothing Touch at its sole discretion.
2. Advertise Soothing Touch products at no less than the MAP, which may be adjusted during authorized national promotion months and all new item introductions. These promotional periods will be established by Soothing Touch.
3. The MAP policy is not applicable to any in-store advertising.
4. MAP applies only to advertised prices and does not apply to the price at which products are actually sold or offered for sale to an individual customer. Soothing Touch distributors are free to sell these products at any price they elect.
5. MAP does not establish maximum advertised prices. All Soothing Touch distributors may sell Soothing Touch products at any price in excess of the established MAP.
6. Soothing Touch does not in any way limit the ability of any distributor to advertise that "they will meet any competitor's price" or "they have the lowest prices" or "call for best price" or "call for professional price" or of similar import as long as the advertised price is not less than the MAP.
7. Periodically, Soothing Touch may discontinue product(s) or engage in a promotion of certain products. In these events, Soothing Touch reserves the right to modify or suspend the MAP with respect to these certain products by notifying all distributors of said change. Soothing Touch further reserves the right to adjust the MAP during these "events" and will notify distributors of such events.
8. Intentional and/or repeated failure to abide by this policy or to correct pricing errors shall, after notification, result in probation, the suspension or termination of distributorship status. Soothing Touch does not intend to do business with anyone who degrades the image of Soothing Touch and its products.
9. The terms of this MAP agreement are confidential and should not be disclosed to other parties.
10. If a distributor wants to advertise below MAP due to new product introductions, new distributors or temporary overstocks, they must obtain approval from the National Sales Director of Soothing Touch. Approval of this advertising, as well as the length of the advertising period and number of times per year it is authorized, is at the discretion of the National Sale Director of Soothing Touch.
11. Trade shows, conventions, seminars, trainings, and special public events are exempt from MAP guidelines.
We believe that advertising Soothing Touch products below minimum advertised prices reduces the ability and incentive of our distributors to invest in the training of qualified sales personnel and to maintain a quality facility in keeping with the value, quality and professionalism of Soothing Touch.
Each Soothing Touch distributor must make its own independent decisions regarding pricing and all other advertising and marketing concepts.
Soothing Touch values highly the support of its distributors who in its view share its commitment to quality products. It is not the purpose of this MAP policy to restrict, coerce, seek or enter in any agreement regarding actual selling prices or practices regarding Soothing Touch products or to whom to sell or not to sell Soothing Touch products or whether or not to advertise Soothing Touch products.
This policy or any of its provisions may be changed at any time in the sole and exclusive determination of Soothing Touch. This MAP policy supersedes all previous Soothing Touch sales policies. -
Soothing Touch reserves the right to change the schedule of its prices at any time without prior notice.
Specific price guarantee contracts lasting no more than one year will be considered on a case-by-case basis with our major distributors and are entered into at our discretion.
Any and all claims or disputes relating to or arising out of this Agreement, including without limitation, contract and tort, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA The arbitration shall take place before the AAA or any other arbitrator mutually agreed upon by the parties in Santa Fe, New Mexico. The laws of the State of New Mexico including, without limitation, all provisions of the New Mexico Evidence Code, shall govern such arbitration.
If any arbitration or action is commenced to enforce or interpret this Agreement, the prevailing party shall be entitled to recover any and all reasonably incurred attorney's fees and costs, including all actual costs of arbitration and/or litigation including expert witness fees. Arbitration is a form of dispute resolution that does not involve a jury.
Accordingly, by signing below you will be giving up your right to have any issue or controversy relating to this agreement decided by a jury.
This agreement shall be construed and interpreted under the laws of the State of New Mexico.
Thank you for your business!