Wholesale Partnerships
The Cookie Department, Inc.
Wholesale Terms & Conditions
By wholesaler’s placing, and TCD’s accepting, an order for products, wholesaler and TCD hereby mutually agree to all of the provisions of these terms & conditions.
Wholesaler must possess a valid re-sale license. Resale of products by wholesaler is restricted to the U.S. only. Products may not be private labelled. Wholesaler may not resell products as a retailer in any channel.
All orders are subject to acceptance by TCD. TCD reserves the right to reject any order, in whole or in part, for any reason.
Prices for products are listed in TCD’s price list, which is subject to change without notice. All prices are exclusive of taxes, duties, and shipping costs unless otherwise specified.
Payment is due upon placing the order, by credit card. The minimum order quantity (MOQ) for each Product is specified in the price list. Orders below the MOQ may be subject to additional fees.
TCD will use commercially reasonable efforts to deliver products within the estimated time frame. Delivery dates are estimates only and not guaranteed. Risk of loss and title to products passes to the Wholesaler upon TCD’s delivery of products to the carrier. Wholesaler must inspect the products upon receipt and notify TCD of any defects or discrepancies within five business days. Failure to do so constitutes acceptance of the products.
Returns of non-defective products are subject to TCD’s prior written approval and must be made within five business days of receipt. All approved returns are subject to a restocking fee. Refunds for returned products will be issued in the form of a credit toward future orders.
TCD warrants that the products will conform to the specifications provided in the order. This warranty is limited to the replacement of defective products or a refund of the purchase price, at TCD’s discretion. This warranty does not cover defects resulting from misuse, improper storage, or unauthorized modifications. TCD’s liability for any claim arising out of the sale of products is limited to the purchase price of the products giving rise to the claim. TCD is not liable for any indirect, incidental, or consequential damages, including lost profits or business interruption.
TCD retains all intellectual property rights in the products, including trademarks, logos, and designs. The Wholesaler may not use TCD’s intellectual property without prior written consent. Wholesaler will keep confidential all non-public information provided by TCD, including pricing, marketing strategies, and product specifications.
These Terms and Conditions are governed by the laws of Delaware. Any disputes arising from these Terms will be resolved through arbitration in New York, New York.
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements or understandings. Any amendment hereto must be in writing and signed by both parties. If any provision hereof is found to be unenforceable, the remaining provisions will remain in effect.