Terms & Conditions
Terms and Conditions
Bainbridge Mercantile's (the "Seller") acceptance of the Purchaser's order(s) is expressly made conditional on Purchaser's assent to the terms and conditions (the "Agreement") contained herein. This Agreement supersedes any previous agreement between Purchaser and Seller and shall govern all future transactions unless modified in writing and signed by all the parties. In the event where any conflicting terms may appear on the Purchaser's order, the terms of this Agreement shall prevail.
All goods are shipped FOB Seller's warehouse. All orders ship via UPS Ground or FedEx Ground unless otherwise specified.
It is the responsibility of the Purchaser to inspect their order upon receipt to insure that all merchandise delivered matches its order and that the items received are free and clear of defects. All requests for return authorizations must be made in writing and received within 7 days of Purchaser's receipt of goods. Bainbridge Mercantile will issue a return authorization and shipping label in the event of any defective merchandise or shipping error. Returns for any other reason, if granted, shall be in the Seller's sole discretion and subject to a 15% restock fee.
Orders cannot be cancelled after the date that is 5 days after Seller's receipt of order, or after an order has shipped, whichever occurs first. Cancellations after this time frame are subject to a late cancellation fee equal to 50% of the merchandise order total (the "Cancellation Fee"). Orders where a form of payment satisfactory to Seller has not been obtained prior to the Completion Date or a customer has refused a shipment shall be deemed a cancellation and subject to the Cancellation Fee.
It is the Seller's policy that first orders are paid via major credit card at time of shipment. Any request by Purchaser for credit will be reviewed by Seller and if approved, will be authorized for either Net 30, Credit Card or PayPal. Post dated checks will not be honored unless approved in advance by Seller. Please note only Seller's accounting department has the authority to grant any payment terms other than cash in advance. Authorization is hereby granted for Seller, or its agents, to make such inquiries from sources deemed appropriate regarding the purchaser's creditworthiness, including but not limited to those references provided by Purchaser. Purchaser further authorizes all bank(s) and/or business references to release credit information for the Purchaser as requested by Bainbridge Mercantile .
Should Purchaser become delinquent in payments, Seller will charge the Purchaser a past due service charge at the rate of 1 1/2% per month (18% per annum) on any past due balance. Should it become necessary for Seller to refer the purchaser's account to a collection agency or attorney for collection the Purchaser shall incur the cost for these services including, but not limited to: collection agency fees, attorney's fees, court costs, and all other costs and expenses which may be incurred by the Seller in the enforcement of this agreement.
Deterioration of Purchaser's credit:
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 purchaser fails to pay in full for any one shipment when the same becomes due. Should the Purchaser's financial condition become unsatisfactory to the Seller for any reason, the Seller may require cash payments or satisfactory security for delivery of goods. This shall in no way release Purchaser from its obligations under any provision of this agreement.
Any checks returned to Seller as un-collectable will be assessed a handling fee of $30 per instance and will be charged to the Purchaser account once a check has been returned to Seller. Seller may use the information contained in the check to attempt to collect funds electronically via an ACH including handling fees. Purchaser agrees that all returned checks that are non-collectable will be deemed a default and subject to the Default provision of this agreements.
Minimum Advertised Price ("MAP") POLICY
In order to preserve its reputation for providing customers with high quality products and to further enhance the Bainbridge Mercantile brand image, Bainbridge Mercantile has instituted a policy of Minimum Advertised Price standards for Bainbridge Mercantile products. This Minimum Advertised Pricing Policy ("MAP Policy") applies to all retailers, including catalogs and internet retailers (collectively, "Resellers"), who resell Bainbridge Mercantile products to end users / consumers.
This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customers.
Bainbridge Mercantile MAP Policy applies to all advertisements of Bainbridge Mercantile products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations and quotations, internet or similar electronic media.
The online sale of Bainbridge Mercantile products is prohibited without prior written consent of Bainbridge Mercantile . Craigslist, eBay or any other auction website, Amazon.com or any other third party internet retailer site is prohibited and will be considered a violation of the Bainbridge Mercantile MAP policy.
Bainbridge Mercantile greatly values the efforts of all Resellers of Bainbridge Mercantile products. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced.
This MAP Policy shall work under the following guidelines:
The wording "minimum advertised price" and/or "MAP," shall not appear in any advertisement or product listing featuring Bainbridge Mercantile products (e.g., "$9.95 MAP"), nor shall any reference be made to the existence of a MAP policy precluding a lower price from being advertised (e.g., "although we sell these units below MAP pricing, we are not allowed to post this price.") Such references shall constitute implicit below MAP advertising and will be considered a violation of the Bainbridge Mercantile MAP Policy.
Any discount or additional offer whatsoever as part of an advertisement for product that in the opinion of Bainbridge Mercantile would result in an offering below the MAP price will be considered a violation of the Bainbridge Mercantile MAP Policy.
MAP prices are listed on our confidential, authorized retailer price list. MAP prices may be adjusted at the sole discretion of Bainbridge Mercantile .
It is each authorized retailer's sole responsibility to reference the most current available price list to determine MAP prices. The current price list is available to authorized retailers at any time by written request.
MAP Violations & Sanctions
If an authorized retailer advertises Bainbridge Mercantile products below the Minimum Advertised Price, Bainbridge Mercantile will impose, at its sole discretion, the sanctions set out below.
- First Violation: Retailer will receive a written notice and will be given 30 calendar days to remove the offending print advertisements from publication and distribution and three business days to remove any offending electronic advertisements from web pages or Internet sales sites.
- Second Violation: Retailer will receive a notice and be placed on a "non-ship basis" for 30 days from the date of the notice with regard to all products involved in the violation.
- Third Violation: Retailer's eligibility to purchase from Bainbridge Mercantile will be suspended indefinitely. Retailer will not be allowed to use Bainbridge Mercantile copyrighted material, including product images.
Any transactions between the Purchaser and the Seller are governed by the laws of Washington State and the Company and any Guarantor hereby consent to the jurisdiction of the courts of King County, Washington State, for any claims or controversies arising in the sale of garments by the Seller to the Purchaser.