Drop Shipping Agreement
Revised January 2018
Terms and Conditions
This wholesale/dropship agreement (hereinafter, the “Agreement”), is made and entered into by and between Boodles of Baskets and merchant.
Merchant wishes to sell and promote the products located on giftbasketscanadadropshipping.com, owned by Boodles of Baskets, on the Merchant’s website and is willing to give all sales and/or orders resulting from the previously mentioned products solely to Boodles of Baskets without question or reservation. Boodles of Baskets will, at its discretion, do secret shopper testing. If during these tests, Boodles of Baskets finds any merchant creating duplicates of our designs/images or routing orders generated by our images to another vendor, legal action will be taken.
Boodles of Baskets agrees to the following: Definitions: “net sales” shall mean gross revenue resulting from any and all products found within the Boodles of Baskets product list, less shipping, handling and all applicable sales taxes and returns. “products” shall mean the collection of photos containing copy written pictures and material Boodles of Baskets has supplied to the Merchant. “Sales” shall mean any and all sales resulting from the aforementioned products including but not limited to orders received via web site, email, fax, phone or verbally.
Term: Merchant and Boodles of Baskets agree that the term of the Agreement shall, once approved, continue for a period of 6 months, and for as long thereafter as it is mutually agreed between Merchant and Boodles of Baskets.
Membership fees: Merchant will be charged a $75, plus HST, one time set up fee to establish their account upon applying. (If you are declined, we will return this amount). This fee is non-refundable once approved. In addition, merchant will be charged a fee of $30.00 in any month in which they do not sell $100.00 in merchandise (merchandise only, not including shipping and valued at wholesale cost). Memberships fees are charged on or about the 1st of each month, charged to the credit card supplied in the agreement and cover the previous month’s fees. Fees commence the month following enrollment. Decline of any supplied credit card for monthly fees will incur a $10 service fee added to your monthly bill. Repeated declines of credit card for monthly fees may result in termination of membership. Declined credit cards must be resolved within 3 business days to avoid termination of membership. Minimum Yearly Commitment: drop shipper agrees to sell a minimum of $1000 in merchandise per year. Should this minimum not be reached, drop shipper agrees to pay a $100 maintenance fee, charged to the credit card on file, or be removed from the program.
Termination of Agreement: If merchant is not satisfied with the program defined by this agreement, and the results thereof, they may terminate this agreement, after the first six months, by providing thirty (30) days written notice to Boodles of Baskets via email, fax or mail (phone cancellations will not be accepted). It is the sole responsibility of the merchant to verify receipt and processing of the Boodles of Baskets membership cancellation. All terms of this agreement will remain in full force and effect until the actual cancellation is received and acknowledged. Monthly fees for the month in which cancellation occurs are non-refundable. Membership may only be cancelled once ALL of the images and text belonging to Boodles of Baskets has been removed from the merchant’s website and all fees due are paid in full. Monthly fees will continue to be incurred by merchant until all requirements have been met. Boodles of Baskets reserves the right to use all means necessary to collect any fees or dues owed, including attempting to charge any credit cards on file, legal proceedings or any other methods required. Merchant agrees that they will be responsible for all costs incurred in the process of collecting said fees. Boodles of Baskets reserves the right to terminate membership at any time, for any reason, with written notice.
Boodles of Baskets’ Role: Boodles of Baskets will provide product fulfillment for all sales obtained by Merchant in regards to any images supplied by Boodles of Baskets. Boodles of Baskets is not involved in the actual transaction between the Merchant and buyer. Boodles of Baskets is not the agent of either the Merchant or buyer.
Boodles of Baskets retains all rights to all images provided and retains the right to prohibit the use of any and all images provided. Merchant may not use any of the images contained within the provided photos for any other purpose other than to gain sales, which will be given to Boodles of Baskets. Merchant may not use any images provided in any other medium than the specified website without prior written consent of Boodles of Baskets.
Substitutions: Boodles of Baskets will make every effort to fill each order exactly as specified on the content listings. However in the event we are out of stock on any item we reserve the right to make substitutions of equal or greater value without prior notice. No refunds or credits will be offered due to substitutions. If for any reason we will be out of a design for an extended period of time Boodles of Baskets will notify members via email. During hot weather months all chocolate items will be substituted with items of equal or greater value.
Building Websites: Boodles of Baskets does not at any time allow web-developers or clients to use our images or descriptions to build web sites for sale. If you are a web-developer you agree to not use our images and/or descriptions for the purpose of marketing and selling web-sites.
In the event you decide to sell your business: Drop ship membership is non-transferrable. The purchaser will need to apply and be approved for the program by Boodles of Baskets and will be required to pay all set fees outlined in this agreement. Merchant agrees to not sell their web-sites with the Boodles of Baskets images on them without notifying Boodles of Baskets in writing of the new owners name and full contact information. You may not at any time attempt to become the middle man between Boodles of Baskets and other companies.
Billing: Payment for orders is collected at time of placement through the website www.giftbasketscanadadropshipping.com. Merchant will receive an automated receipt via email for orders placed through the website. Merchant will receive a receipt via email or fax for all orders placed via fax or email and we will manually charge the credit card on file for these orders. Boodles of Baskets reserves the right to amend said invoices if applicable taxes, shipping charges or basket prices are missing. Decline of any supplied credit card will result in the order being held and a $10 service fee added to your invoice. Decline of any supplied credit card for monthly fees will also incur $10 service fee. Repeated credit card declines may result in the removal of the Merchant from the Boodles of Baskets Wholesale/drop ship Program.
Fees and Charges: Boodles of Baskets will provide Merchant with a detailed listing of all items shown in the photos along with but not limited to, the price they will be charged for each gift, shipping amounts and any and all other charges which may be due in affiliation to each gift. Boodles of Baskets will also provide Merchant with the suggested retail price but not does not promise or suggest those prices to be the best price for Merchants web site. Merchant will pay all fees and charges incurred with each gift shipped by Boodles of Baskets directly to Boodles of Baskets. What price Merchant charges for each gift will be left solely to the Merchants discretion. . Decline of any supplied credit card will result in the order being held and a $10 service fee added to your invoice.
Sales and Tax: Merchant agrees that it is the sole responsibility of Merchant to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the photos. Merchant further agrees that Boodles of Baskets is not obligated to determine whether a sales tax applies and is not responsible to collect report or remit any tax information arising from any transaction involving the images or photos provided.
Uniform Return policy: Boodles of Baskets will provide a 5 day return policy during which a buyer may return product undamaged (at their own expense). Due to their nature, there are no returns or refunds on holiday items, cakes, fresh baked cookies or popcorn unless damaged.
Boodles of Baskets will also provide a return/refund policy for any damaged or defective gifts as long as any claims are placed within the agreed upon 5 days of the gift being received and damages/defects can be verified. There will be NO exceptions to this policy. If your customer disposes of the item before we can verify the damages/discrepancy, we will not issue any refund or replacement. Replacement or refund will be at the sole discretion of Boodles of Baskets.
Illegal or Fraudulent Activity: Boodles of Baskets products, images and trademarks, may only be used for lawful purposes and in a lawful manner. Merchant agrees to comply with all applicable laws, statutes, and regulations regarding the use of Boodles of Baskets photos and information. Any fraudulent or illegal behavior may be reported by Boodles of Baskets to law enforcement officials and Boodles of Baskets will cooperate in any manner to ensure violators are prosecuted to the fullest extent of the law.
Address Changes: Please send all address changes to us by email. If the order has already been processed, there will be a $5 handling charge to make the necessary corrections. If the order has already shipped, an additional shipping fee equal to the initial shipping fee will apply. PLEASE CHECK ALL ADDRESSES CAREFULLY
Bad address/Refused packages/Unauthorized Returns: Boodles of Baskets will charge the merchant any and all fees associated with a bad address provided. If the apartment/ suite number is not included or a bad postal code is provided and re-shipping is required, there will be a re-shipping charge equal to the actual shipping charge added to the merchants’ credit card. Should a gift be returned to us for any reason, merchant will be contacted and be required to provide a new address for delivery. There will be an additional shipping charge equal to the actual shipping charge for all gifts returned to us, as well as a re-shipping fee equal to the actual shipping charge. No returns or refunds on bad addresses, refused packages or unauthorized returns.
Participation: Boodles of Baskets retains the right to accept or deny any web site requesting participation in our wholesale/drop shipping program based solely on our discretion. We will not accept sites which contain or promote sexually explicit behavior, pornographic material, sexual or racial discrimination, violence, nudity or abuse to children.
Boodles of Baskets retains the right to revoke any Merchants participation in the program if they find it in their best interest. Any site found copying the text, descriptions or any written information found on the Boodles of Baskets web sites will be removed from the program. Information for the merchant’s website can be obtained, once approved into the program, from www.giftbasketscanadadropshipping.com which is owned by Boodles of Baskets for the sole purpose of being included in the Boodles of Baskets drop ship program.
Use of Photos: Merchant may use the images provided for the sole purpose of sending all resulting orders to Boodles of Baskets. Continued participation in the Boodles of Baskets wholesale/drop shipping program will be based on all orders resulting from the photos being forwarded to Boodles of Baskets in a timely manner. Use of any and all images provided shall at all times remain at the discretion of Boodles of Baskets. Boodles of Baskets shall retain the right to decline the use of any photos by merchant at their discretion. Photos are for use on the merchants’ website only.
Text and Descriptions: Boodles of Baskets does not authorize or permit any web developer, merchant or customer to copy, reproduce or use in any way the text, descriptions, and information found on the Boodles of Baskets web sites. Copying any information, including but not limited to tables, charts, policies, gift descriptions and or any other information found on the Boodles of Baskets websites will be cause for immediate removal from our program.
Responsibility: Boodles of Baskets is in no way responsible or liable in any way for your sites success, the accuracy, or legality of its content and operation. Further, you have independently evaluated the desirability of participating in our wholesale/drop shipping program and are not relying on any representation, guarantee or statement other than set forth in this agreement.
Right to Modify: Boodles of Baskets retains the right to modify this agreement at any time. Changes will not be retroactive. If any modification is unacceptable to you, your recourse will be termination of your participation in our wholesale/drop shipping program. Continued participation will constitute acceptance of the modifications.
Sever ability: If any provisions or section of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed sever able from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
VOID IF ALTERED
**Each order we ship on your behalf will have a white business card and shipping label with the following information taken from your application. Your website, complete address, phone number and email address. Please ensure the information you provide is accurate.
Drop Shipping Agreement