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Wholesale Terms

By applying to participate in Brakebee's Wholesale Program ("Wholesale Program"), you agree to the following terms. These terms apply to both Wholesale Buyers ("Retailers") and Wholesale Sellers ("Suppliers" or "Artists").

SECTION A — WHOLESALE BUYER AGREEMENT

1. Eligibility

To qualify as a Wholesale Buyer, you must:

  • Hold a valid business license and resale certificate (if applicable)
  • Provide accurate business and contact information
  • Undergo review and approval by Brakebee
  • Agree that Brakebee may revoke wholesale privileges at any time for misuse, non-payment, or policy violations

2. Pricing & Orders

  • Wholesale pricing is available only to approved buyers.
  • Minimum order quantities (MOQs) or minimum order values (MOVs) may apply per artist.
  • Prices are subject to change without notice until an order is placed.
  • Retailers agree to list products at or above the suggested retail price (SRP/MAP) unless otherwise permitted in writing.

3. Payment Terms

  • Payment terms may include NET 15, NET 30, or Pay-in-Advance, depending on credit approval.
  • All invoices must be paid on or before the due date.
  • Late fees may be assessed for overdue invoices.
  • Retailers must maintain valid payment information at all times.

4. Business Requirements

Buyers must maintain:

  • A physical storefront, verified online store, or established trade-show presence
  • Applicable resale certificates for their state/country
  • Professional representation of Brakebee artists' products in retail environments

5. Restrictions

Buyers may not:

  • Resell on unauthorized third-party marketplaces (e.g., Amazon, Etsy, eBay, Walmart) unless explicitly approved
  • Advertise or display wholesale prices publicly
  • Misrepresent Brakebee or any artist's brand
  • Sell outside approved territories if restricted by an artist

Products are for resale only; personal use orders must be made through standard retail channels.

6. Shipping, Delivery & Returns

  • Shipping costs are additional unless specified otherwise.
  • Lead times vary by artist and may depend on production capacity.
  • Return requests must be made within 30 days of delivery and require authorization.
  • Returned items must be unopened, unused, and in original condition.
  • Retailers are responsible for return shipping unless the seller is at fault.

7. Liability & Damages

  • Brakebee's liability is limited to the purchase price of defective items.
  • Retailer assumes all responsibility for compliance with labeling, warnings, resale laws, and end-customer safety obligations.
  • Retailer agrees to indemnify Brakebee and participating artists for misuse or improper marketing of products.

8. Termination

  • Either party may terminate wholesale access with 30 days' written notice.
  • All outstanding balances become immediately due upon termination.
  • Retailers must discontinue use of protected artist assets (images, logos, etc.) upon termination.

9. Compliance

Retailers must comply with:

  • All federal, state, and local laws
  • Tax, import, resale, and consumer protection regulations
  • Any brand-specific requirements set by participating artists

SECTION B — WHOLESALE SELLER (ARTIST) AGREEMENT

1. Eligibility & Participation

To participate as a Wholesale Seller, you must:

  • Offer products eligible for resale at scale (handmade or small-batch accepted)
  • Provide accurate wholesale pricing, MOQ/MOV, and product details
  • Maintain consistent availability and lead times
  • Agree to fulfill wholesale orders professionally and within stated timelines

Brakebee may approve, deny, or revoke wholesale seller status at its discretion.

2. Product Listings & Accuracy

Sellers are responsible for ensuring:

  • Product photos, descriptions, materials, and specs are accurate and up-to-date
  • Wholesale prices and minimums are clearly defined
  • Variants, SKUs, and inventory counts are correct
  • Any restrictions (territorial, MAP, brand rules) are disclosed in advance

Misrepresentation may result in removal from the Wholesale Program.

3. Pricing, Fees & Payment

  • Sellers set their own wholesale pricing and minimums.
  • Brakebee may collect commissions, processing fees, or service fees as outlined in the artist's account dashboard.
  • Payments to sellers will be issued based on completed orders and applicable payout schedules.
  • Sellers must maintain valid payout information.

4. Order Fulfillment

Sellers agree to:

  • Fulfill wholesale orders within the stated lead time (or communicate delays promptly)
  • Package items safely and professionally
  • Use accurate weights and dimensions for shipping
  • Provide tracking information when required

Failure to fulfill wholesale orders may result in refunds, chargebacks, or removal from the Wholesale Program.

5. Cancellations, Returns & Disputes

  • Sellers must honor legitimate return requests for defective or incorrect items.
  • Brakebee may issue refunds on behalf of the seller if the seller is unresponsive or fails to resolve issues.
  • Disputes between buyer and seller may be mediated by Brakebee, whose decisions may be final.

6. Selling Restrictions

Sellers may not:

  • Offer different pricing to retailers outside Brakebee that violates published MAP/SRP rules
  • Solicit Brakebee buyers to bypass the platform for payment or invoicing
  • List counterfeit, unsafe, or non-compliant products

7. Liability

  • Sellers are responsible for product safety, compliance, labeling, and any legal requirements associated with manufacturing and distribution.
  • Sellers agree to indemnify Brakebee for claims arising from defective products, misrepresentation, or legal violations.

8. Termination

  • Brakebee may remove a seller from the Wholesale Program at any time for policy violations, operational issues, or brand mismatch.
  • Sellers may exit the program with 30 days' written notice.
  • Pending orders must still be fulfilled.

SECTION C — GENERAL PROVISIONS

1. Program Changes

Brakebee may modify wholesale fees, features, requirements, or eligibility criteria at any time. Updates will apply to new orders.

2. No Guarantee of Sales

Participation does not guarantee order volume, retailer acceptance, or financial results.

3. Acceptance of Terms

By applying to or participating in Brakebee's Wholesale Program—whether as a Buyer or Seller—you acknowledge that you have read, understood, and agree to these Wholesale Terms.

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