Wholesale Terms

The terms below are for your reference only. The complete terms are on the back of your wholesale invoice. If you haven't placed an order yet, you will be asked to sign the terms agreement before placing your first order. Please contact Donna if you have any questions.

Ordering

• Opening orders, $850 minimum or 15 -20 pieces.
  No minimum for re-orders, however, a $15 flat shipping rate will apply. Small re-orders of 5 pieces or less will be shipped USPS first class for $8.
• Customer must submit written or digital purchase orders for the Merchandise no later than fourteen (14) business days prior to the requested delivery date, setting forth quantity, type, and requested delivery date of Merchandise.
• Purchase orders received fewer than fourteen (14) business days prior to the requested delivery date shall be filled at Seller’s discretion and subject to express shipping charges (to be paid by Customer). All orders are processed subject to availability.
• EXPECT A 4 – 6 WEEK FULFILLMENT TIME FOR ORDERS AND REORDERS.If you require a faster turn around time than the promised ship date on order confirmation and we can accomodate you, a rush charge of 20% will apply.
  Fulfillment times will be different for orders placed at shows.
• First time orders and/or orders placed at a show are preliminary only and subject to final approval by Donna D’Aquino Studios.
• Special orders and custom combinations are not returnable, exchangeable or refundable.
• We do not offer any exclusivity agreements.

Payment

• Initial order terms are Pro-forma – a credit card must be on file at least 3 weeks prior to scheduled delivery date so the order can be processed. Full balance must be paid in full when the order is ready.
• Net 30 terms extended to existing accounts after credit approval. Net 30 terms will not be offered to first-time customers, but may be requested for second and subsequent orders.
• Net 30 customer accounts will be invoiced for merchandise orders and payment is due within 30 days of invoice date. Late payments incur a finance charge of two percent (2%) of the unpaid invoice balance per month, starting thirty (30) days after the due date.
• Net 30 status may be revoked for customers who have a chronic slow payment history – these accounts will revert back to Pro-forma or closed at my discretion.

Shipping

• Customer will be responsible for all Merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Customer may be required to act as the importer of record for international shipments. Customer must notify Seller of any claimed shipping error or damage within five (5) days of receipt of Merchandise. Customer’s failure to give such notice within that five-day period shall be deemed a waiver of Customer's claim for incorrect or damaged shipments. All items ship from Woodstock, GA.
• ALL orders have a flat shipping rate of $15. Additional shipping charges may be assessed. these charges include, but are not limited to: a $6 per pound surcharge to orders 2 lbs & over and orders shipped outside of the continental U.S.

Returns, Repairs and Exchanges

• Within 10 days of Customer’s receipt of Merchandise, Customer may return merchandise that does not conform to Seller’s product specifications or, merchandise damaged, missing or shipped incorrectly if written notice of condition is given within five (5) days of receiving the merchandise. Returns will be credited to the Customer's account, repaired or replaced free of charge. If we have not been previously notified of missing or damaged items, Customer is liable for the amount due stated on the invoice.
• Past 10 days of receipt, repairs will be approved on a case-by-case basis to assess if fees may apply. Repair fees may include labor, replacement parts and first class return shipping.
• Keep your stock fresh. We will happily exchange and update your stock at a rate of 2 to 1. This means returning 3 items must be accompanied by a new order for 6 items of equal value.
• Returned items must be in re-sellable condition only and we reserve the right to refuse any items that do not meet this requirement.
• Returned items will not be credited to current or past invoices, or to outstanding balances.

Disclaimer

• EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.

Buyer-Seller Relationship

• The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.

Governing Law; Dispute Resolution.

• This agreement shall be governed by the state of Georgia law. Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in Woodstock, GA in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in Woodstock, GA.

Covid Policy

• We care about you and take great care in the cleanliness of our studio. We adhere to all Covid health and safety recommendations issued by the CDC.

Cancellation and Account Termination

• Any canceled order is subject to a fifty percent (50%) cancellation fee to be paid within fifteen days of cancellation. If Customer moves the delivery date forward by more than sixty (60) days from the original estimated delivery date, the order will be treated as canceled and will be subject to the fifty percent (50%) cancellation fee.Unpaid invoices and fees will be submitted to a collection agency after 90 days. The amount due will include all legal and agency fees.
• We reserve the right to cancel an order or terminate any wholesale account at any time at our discretion.