You are agreeing to be bound by these Terms and Conditions.
Before ordering, please read the following carefully:
All orders subject to the acceptance of The Yankee Candle Company, Inc. Yankee® candles may only be sold at locations approved in writing by Yankee Candle. Yankee® candles may only be sold to consumers and not to third party distributors. Transshipment of Yankee® candles to unauthorized retail dealers or unauthorized locations is prohibited. Authorization to resell Yankee® candles is given on an order by order basis. The business relationship between Yankee Candle and each reseller is “AT WILL;” that is, Yankee Candle is free at any time to choose those with whom it wishes to deal. Moreover, both Yankee Candle and the reseller have the unilateral right at any time to terminate the relationship for any reason whatsoever (or even for no reason). All prices are wholesale and to the domestic trade only. Prices are subject to change without notice. Terms & Conditions apply to domestic trade only. All orders subject to availability.
INITIAL PROGRAM INVESTMENT: $3000 (minimum per resale location). A completed Dealer Application (including store photos), indicating all intended retail locations, and three complete gift industry trade references (including addresses, telephone and account numbers) must be received prior to processing. Personal references, i.e., bank, credit card, etc., are not sufficient for Net 30 terms. Each resale location must be approved individually. Please allow 6 weeks for a reply. (Response time may vary seasonally.) If you are a new retail business without gift industry trade references, pre-payment of the entire order amount is required. (We cannot accept personal checks. Business/Company checks, please.) Sorry, no C.O.D. orders accepted. New Accounts will be opened at Yankee Candle’s sole discretion based upon market conditions and other factors deemed relevant by Yankee Candle.
ESTABLISHED ACCOUNTS: Minimum reorder — $300. REORDERS UNDER $100 WILL NOT BE ACCEPTED. Multi-store orders: minimum of $300 per store. If your location changes, or new locations are added, approval will be required as noted above. Please allow 3 weeks.
INACTIVE ACCOUNTS: Previously established accounts that have not ordered within 12 months have become inactive. To be reinstated, inactive accounts must meet the current requirements for new accounts, placing a minimum opening order as noted above.
INVOICE AND CREDIT: Net 30 days with approved credit. Backorders under $100 will be cancelled. Merchandise and applicable freight charges will be invoiced as of the date of shipment. A $30 fee will be assessed for returned checks. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants. Failure to pay invoices when due, at our election, makes all subsequent invoices immediately due and payable irrespective of terms. Yankee Candle may withhold all subsequent deliveries until the full account is settled and we shall not, in such event, be liable for any nonperformance in whole or in part.
SHIPPING: F.O.B. Yankee Candle Distribution Center. Buyer shall bear all risk of loss or damage in transit. Yankee Candle is not responsible for damage or loss in transit. Buyer shall be responsible to file claims with any carrier for damage occurring during shipment. Yankee Candle will use diligent and commercially reasonable efforts to deliver as specified herein but shall not be liable to you in any manner for any delays in delivery. Yankee Candle reserves the right to make delivery in installments and back order goods unless Buyer expressly states otherwise in writing. All such installments and back orders shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of an installment or back order shall not relieve Buyer of its obligation to accept remaining deliveries.
SPECIAL HANDLING: If special handling is required to prepare your order for shipment, we reserve the right to apply a 2% service charge, limited to $50.
EARNED FREIGHT ALLOWANCE: Applies only to orders shipped via Yankee’s choice of carrier, shipped freight prepaid, add–to–invoice. Invoice must be paid on or before 30 days from the invoice date to earn freight allowance. The qualifying allowance will be equal to the lesser of the actual cost of freight or a percentage of the merchandise amount shipped (including displays). The percentage is based on the original amount ordered: $300-499, 2%; $500-999, 5%; and $1000 or over, 6%.
CLAIMS: All claims must be made within 7 days of receipt of goods. Merchandise purchased for future use must be checked upon receipt. Failure to make a claim within the stated time constitutes acceptance of the goods as is.
DAMAGES: Buyer shall be responsible to file claims with any carrier for damage occurring during shipment. UPS, FedEx, and Common Carrier: Note damages upon delivery. For common carrier shipments only, save original carton(s) and contents for possible inspection; call the carrier to report the damages and receive claim instructions. For all shipments, notify YCC Sales and Service Department immediately of any damages.
RETURNS: No returns accepted without authorization of Yankee Candle Sales & Service Department. Merchandise must be received in good condition, with price tags removed. No cash refunds for returned merchandise – credit only.
DURING PEAK SEASON, SEPT. 15TH – DEC. 24TH: In the interest of the most expedient shipping possible for all customers, we may be unable to add to in-house orders already released for shipment. Minimum reorders will be required. Please anticipate the possibility of a lengthened lead time; early delivery is recommended. To avoid late delivery of Christmas merchandise, we may discontinue backordering on or about Thanksgiving until after Christmas.
CANCELLATIONS AND CHANGES: Orders which have been accepted by Yankee Candle are not subject to cancellation or changes, except with our written consent. Yankee Candle may require as a condition of such consent, reimbursement for any costs incurred in performance of the original order or additional costs due to changes.
NONWAIVER: Any failure by Yankee Candle to enforce a term of these Terms & Conditions shall not affect its right thereafter to enforce the same or any other term, nor shall the waiver of any breach of any provision be a waiver of any succeeding breach.
LIMITED WARRANTY: Yankee Candle warrants its products to be free from material defects in workmanship and material, and its liability and obligations under this warranty do not include any claim for expenses incurred or losses suffered in using such products but is limited solely to replacement of such products or the granting of a merchandise credit. THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YANKEE CANDLE SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT OR CONTINGENT DAMAGES OF ANY NATURE WHATSOEVER.
DISPUTE RESOLUTION: Any and all claims, grievances, demands, controversies, causes of action or disputes of any nature whatsoever (including, but not limited to, tort and contract claims, and claims based on any federal or state law, statute, order, or regulation) arising out of, in connection with, or in relation to the sale by Yankee Candle to the reseller of any goods shall be resolved by final, binding nonjudicial arbitration in accordance with the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. Any such arbitration shall be held in Springfield, Massachusetts, which shall be the sole and exclusive venue for resolving disputes hereunder. If the parties are unable to agree upon a single arbitrator, the choice of arbitrator shall be submitted to and made by Judicial Arbitration and Mediation Services (“JAMS”), in New York, New York.
Each party shall have no longer than one day to present its position, the entire proceedings before the arbitrator shall be no more than three consecutive days, and the
decision of the Arbitrator shall be made in writing no more than thirty days following the end of the proceeding. Such an award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration decision in a court in Springfield, Massachusetts having jurisdiction and venue over such parties.
The prevailing party or parties (as determined by the arbitrator) shall in addition be awarded by the arbitrator such party’s or parties’ own legal fees and expenses in connection with such proceeding. The nonprevailing party or parties (as determined by the arbitrator) shall pay the arbitrator’s fees and expenses. By agreeing to be bound by this provision, the parties acknowledge that they are waiving their respective rights to a jury trial. The foregoing notwithstanding, Yankee Candle reserves the right to invoke the jurisdiction of any competent court to remedy or prevent violation of any provision of these Terms and Conditions via injunctive or other equitable relief. These Terms and Conditions and our relationship shall be governed by the laws of the Commonwealth of Massachusetts.
ENTIRE AGREEMENT: Our sale to you is limited to and expressly made conditional on your assent to the typed and printed terms and conditions of sale on the face and reverse side hereof, all of which form a part of this order and which supersede and reject all prior
writings, representations, negotiations with respect hereto and any conflicting terms and conditions of yours, any statement therein, whether or not signed by you. Your acceptance of the goods or payment operates as acceptance by you of our terms and conditions of sale.
This agreement may be modified only by a writing signed by both parties. These Terms and Conditions govern all sales of products by Yankee Candle to Buyer regardless of whether Buyer purchases the Products through the medium of written purchase orders, telephonic orders, internet orders, electronic orders via EDI or otherwise. If any provision of these Terms and Conditions or the application thereof to any person or circumstance shall, to any extent, be adjudged invalid by an arbitrator or court of competent jurisdiction, the remainder of these Terms and Conditions (and the application of such provision to other persons or circumstances) shall not be affected thereby. Prices effective on orders placed on or before February 2, 2008. All prices are wholesale and to the domestic trade only. Prices are subject to change without notice. These Terms and Conditions supersede all others, written or implied