The Wholesale Terms

Welcome to RubiaWear! Thank you for your interest in our line of fabulous, fashion forward clothing and accessories for dancers of all stages, from your tiny tots to the most awarded professionals!  We look forward to learning more about your organization, and forming a mutually successful working relationship with you. We know that you are anxious to get started, so let's begin! 

 

 

 

Place an Order or Apply for a Wholesale Account through this link : 

https://www.rubiawear.com/pages/wholesale-application

 

Please read the complete terms of agreement below before applying for a new account.

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BUYER TERMS AND CONDITIONS ACCEPTANCE:

 

All businesses applying for a wholesale account with RubiaWear must furnish a copy of:

  • A current Tax Resale ID Certificate

 

NOTE: Both the business name and address must be consistent with the business name and address on the RubiaWear account. Renewed Resale Certificates must be resubmitted upon expiration of the previous years certificate to maintain an active wholesale account.

  • Brick & Mortar businesses must also provide a photo image of actual store front(s), as proof but also because we love actually seeing where our pieces are being carried
  • Web-only or Event-based businesses must also provide a viewable URL address

The above information must be included in the application or emailed to Support@RubiaWear.com within 30 days from submission of the application. 

 

RubiaWear (herein after “RubiaWear” and/or "Seller") acceptance of your (the “Buyer”) application and wholesale orders is expressly made conditional on Buyer's agreement to these terms and conditions. The terms and conditions set forth on this wholesale/buyer application, order confirmation and/or invoice will govern ALL transactions between the Buyer and the Seller. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. 

By requesting RubiaWear to supply Goods to you, you acknowledge and agree (or you are deemed to acknowledge and agree) to these Wholesale Terms and Conditions.

 

1. MINIMUMS

Opening order/Reorder: $300 orders for all accounts must be paid for before items are shipped out. We will contact you with your order total and a digital invoice.

 

Unlike some other wholesale programs, we offer order flexibility.  We do not force you into pre-determined size ranges and quantities (prepacks).  You can select the specific sizes needed in the quantities needed for your business model. 

 

2. PAYMENT & ORDER TRANSACTIONS

2.1 Unless otherwise agreed to in writing, payment for the Goods shall be made at the time the order is placed via Buyer’s payment method on file.

2.2 RubiaWear may refuse to accept or cancel any order or delivery of Goods at any time by giving written notice to Buyer.  RubiaWear shall not be liable for any loss or damage whatsoever arising from such cancellation. At the discretion of RubiaWear, a credit memo and/or refund- in this instance only, will be processed.

2.3 Once you submit an order, it cannot be cancelled by you. All sales are final. 

2.4 Any variation to any order must be agreed to in writing. The total price may alter as a result of any variation and Buyer agrees to pay any increase. 

2.5 Cancellation fees: Seller reserves the right to charge cancellation fees if an order is already in process. Buyer shall be charged a 20% cancellation fee. Cancellation fees will be charged to your credit card on file at the time of the transaction.

2.6 No refunds will be processed. When applicable, a credit memo will be issued to be used towards a future order or invoice.

2.7 Ownership of the Goods shall pass to you upon payment in full of the purchase price for the Goods.

 

3. DUTIES/TAXES/FEES

3.1 All export and import documentation, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.

 

4. SALE OF GOODS & MSRP

4.1 You acknowledge that you are acquiring the Goods for the purposes of trade or business only.

 

5. Stock

5.1 If, at anytime, the store has a lower stock than what you were in need of, we hold the right to adjust your invoice to what has been agreed through email/over the phone

 

6. SHIPPING AND RISKS

6.1 For orders within the United States:  

Unless otherwise agreed to in writing, RubiaWear shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. Orders will be shipped via FedEx, UPS or USPS. While the delivery service utilized by RubiaWear may include insurance for the Goods during transit, RubiaWear makes no representations and gives no warranties in respect to such insurance and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier. 

Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.

6.2 For International orders:   

Unless otherwise agreed to in writing, you shall be responsible for the cost of transportation of the Goods from the premises of RubiaWear. Risk in respect of the Goods shall pass to you when the Goods are made available to the delivery carrier. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery (carrier).

6.3 For ALL bulk orders:

10 to 30 pieces (Instock) wholesale orders ship via USPS (with options of Retail Ground, Priority, and Express) on average within 3-5 business days. Larger orders, orders averaging 30 to 100 pieces have an expected turn around of two weeks. Orders of 100 to 300 pieces may experience a delay of three weeks for processing and shipping. Lastly, orders of over 300 pieces will have additional assistance and will be contacted separately upon the acceptance of said order. 

6.4 Exceptions are holidays and major regional market weeks, in which case these events may lead to a slightly longer processing time. 

 

7. NOTICE OF DEFECTS/RETURNS

7.1 The Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 7 days after receiving the Goods. The Seller cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of the Buyer to inspect upon receipt, that all Goods delivered matches the items ordered / invoiced.

7.2 If a part of the order is delayed or if part of the order is defective or deficient, the order may only be remedied for that part of the order.

 

8. ACCEPTANCE OF GOODS WITH KNOWN DEFECTS  WAIVES CLAIMS FOR DAMAGES

8.1 Buyer hereby waives any claim for damages resulting from any defect Buyer is aware of, including late delivery, at the time Buyer accepts the merchandise.

 

9. RETURNS

9.1 It is the responsibility of the Buyer to inspect upon receipt, that all merchandise delivered reflects exactly the items purchased and invoiced (See item #7 for Notice of Defects). 

9.2 Purchases made by Buyer through RubiaWear Wholesale are ineligible for return. Under certain conditions, exchanges may be made for unsatisfactory merchandise that is unused and in original packaging with all tags attached. Whether or not items are eligible for exchange is at the sole discretion of RubiaWear. All exchanges must be initiated within 7 days of receipt of goods. 

9.3 In the event of an exchange of merchandise, the Buyer is responsible for all shipping fees, both in shipping product back to Seller as well as the shipping of the new product to the Buyer. Buyer authorizes Seller to sell any garments that have been exchanged, rejected, or abandoned.

9.4 In the case of which there was fault or damage of the Goods on our part, 9.3 will be retracted and we will apply responsibility on a case by case basis. 

 

10. MODIFICATION OF GOODS

10.1 If you modify the goods, including tags, they are immediately ineligible for return or exchange. Once merchandise is printed, garment dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise. The Seller is not responsible for fallout or loss during the garment creation process.

 

11. SAMPLES AND IMAGES

11.1 Unless otherwise expressed in writing, RubiaWear does not warrant that the quality, weight, designs or color of the Goods corresponds to any specific description, image or sample.

 

12. INTELLECTUAL PROPERTY

12.1 You undertake to use the Brand Name and, if required by RubiaWear, Logo when advertising Goods supplied by RubiaWear and anywhere where the Goods are described or named including on websites, labels and invoices.

12.2 RubiaWear grants you a personal, non-exclusive, non-transferable, and non-assignable license to use the RubiaWear Brand Name and, if applicable, Logo for the purposes mentioned above in this section.

12.3 You must not use or permit the use of the Brand Name or Logo in any manner that would be detrimental to or inconsistent with the good name, good will, reputation and image associated with the Intellectual Property of RubiaWear.

12.4 When selling online, the brand name (RubiaWear) must be listed either in the product name (ie. RubiaWear Jumpsuit) or description (ie. This suspender jumpsuit by RubiaWear is…).

12.5 To protect our trademarks and intellectual property rights, any alterations of our products are prohibited. This includes removal of tags. Please note that adding your own hang tag is acceptable, whereas adding your own sewn tag is not.

12.6 The license in clause 12.2 may be revoked by RubiaWear by written notice to you.

 

13. LIABILITY

13.1 RubiaWear shall not be liable:

13.2 where you have altered or modified the Goods, misapplied the Goods, not followed RubiaWear’s instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling;

13.3 For defects in any Goods manufactured by any Third Party;

13.4 For loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods;

13.4 For any indirect or consequential loss of any kind

 

14. EXCLUSION OF IMPLIED WARRANTIES

14.1 RubiaWear shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by RubiaWear to the Buyer of the payment made for the delayed or defective part of the order.

 

15. DETERIORATION OF BUYER'S CREDIT

15.1 The Seller has the right, in addition to other Remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event the Buyer fails to pay for any one shipment when the same becomes due. Should the Buyer's financial condition become unsatisfactory to the Seller, the Seller may require cash payments or satisfactory securities for delivery of goods.

 

15.2 RubiaWear may terminate this agreement with immediate effect by giving written notice to you if:

  1. you have failed to comply with a written notice given by RubiaWear specifying a breach of the agreement and requiring you to remedy it within 14 days; or
  2. being an individual, you are made bankrupt; or
  3. being a company, you are placed in liquidation or receivership.

On termination, RubiaWear shall have the right to deal with the Goods at its absolute discretion.

 

16. JURISDICTION

16.1 Any transactions between the Buyer and the Seller are governed by the laws of 9741 PRESTON RD. UNIT 208 FRISCO, TX 75033 UNITED STATES. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Frisco, Texas for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.

 

17. ARBITRATION

17.1 AGREEMENT TO BINDING ARBITRATION 

RubiaWear and Buyer agree that upon the demand of either party, any claim or dispute between RubiaWear and Buyer and/or any of either parties' parent corporation's, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. RubiaWear and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.

17.2 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL

RubiaWear and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. RubiaWear and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.

17.3 COSTS OF ARBITRATION

The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.

 

18. AMENDMENTS

18.1 These terms and conditions may be amended or replaced from time to time by RubiaWear. Any order placed after such amendment is made will represent an agreement by you to be bound by the amended terms and conditions.

 

AGREEMENT AND ACKNOWLEDGEMENT

Buyer(s) have carefully read and agree to these Terms and Conditions. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this agreement will remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

For wholesale inquiries please contact us at support@rubiawear.com