Wholesale/Distributor Terms and Conditions

1. Terms

1.1 The following are the terms and conditions which we, Quitman Inc. DBA Timeless Trends (“we”, “us” and “our”) supply any of our products (the “products”) detailed on our website at https://timeless-trends.com/ (the “site”) to you, in your capacity as a wholesale/distributor account holder (“you”, “your”, “yours”), whether you operate your business via a physical retail shop, e-commerce website, or a combination therein. By applying for a wholesale/distributor account with Timeless Trends, you are agreeing to be bound by our Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from applying for and maintaining a wholesale/distributor account as well as reselling our products through any and all mediums. The materials contained in our site and all of our products are protected by applicable copyright, trade mark, and intellectual property right law.

1.2 We require all wholesale/distributor applicants and account holders to have a valid, pre-existing company/business at the time of application submission. We may ask you to prove the existence of your company/business and the sales methods that you use in order for us to establish that you are a retailer. This will include, amongst other things, your providing to us at the time of application:

Your full legal name

The name of your company – company should be related or relevant to corsetry, fashion, etc.

Your company’s business tax ID or EIN number

If applicable, your company’s resale ID number, including a copy of your company’s resale certificate or permit

If selling from a physical storefront, the physical address of your retail outlet

If selling online, the details and URL of your website from which you operate your own e-commerce enabled webstore. Your website must be functional at the time of application.

Your business contact information, including a phone number and email address

1.3 We reserve the right to screen, accept, or reject all wholesale/distributor account applications at our discretion without providing our reasons for acceptance or rejection.

2. Limitations

2.1 In no event shall Timeless Trends or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our site, or account suspension due to non-compliance with these terms, even if Timeless Trends or a Timeless Trends authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

2.2 We do NOT allow holders of wholesale/distributor accounts to:

Sell our products for less that MSRP/retail/regular prices as listed on our site

Resell our products to non-retail (i.e. other wholesale customers or distributors, or any persons or entity who has expressed the intent to resell our products) persons or entities

Sell our products through Facebook, Etsy, or any and all events and websites intended for the use of independent artists/designers/brands and the makers of handcrafted (i.e. non-factory made) goods.

Misrepresent our products or mislead customers about products originally obtained from Timeless Trends, including but not limited to removing Timeless Trends company labels and/or labels denoting the country of manufacture (Thailand) in order represent products as handcrafted or made in a country other than that denoted on the label.

Replicate our site for personal or commercial use, or any public display (commercial or non-commercial); this includes copying and making use, in whole or part, of our slogan, webpages, graphics, text from any page of our site, product names, product descriptions, product bullet points, and any photos, product names, product descriptions, and product bullet points aside from the those provided for wholesale/distributor use in the downloadable photos section of the website. See sections 10.1 and 10.2 under Content Warning.

2.3 As of 08/01/2015 we are NOT accepting wholesale/distributor account applications for persons, entities, or companies/businesses who intend to resell our products on Amazon or Ebay. Wholesale/distributor account holders who have already established Amazon and Ebay storefronts may continue reselling our products through these mediums so long as they provide Timeless Trends with the details, URL, and storefront or seller name for these sites.

2.4 Wholesale/distributor accounts are expected to maintain active accounts. Inactivity (no orders placed or payments made) for a period of six calendar months will result in account termination and reversion of wholesale/distributor account to retail account. See section 8.4 under Account Termination.

2.5 Wholesale/distributor accounts are expected to place orders for and purchase not less than $700 worth of our products each calendar year excluding the cost of shipping. Failure to meet this minimum will result in account termination and reversion of wholesale/distributor account to retail account. See section 8.4 under Account Termination.

3. Placing orders

3.1 Once wholesale/distributor account holders are logged into their wholesale accounts on our site all product pricing will now reflect our wholesale prices and you will be able to view products that are only available to wholesale/distributor account holders under the category “Wholesale Corsets”. These products will be labeled as “Black Iris” instead of “Timeless Trends” and wholesale/distributor account holders may market these as their house brand. MSRP/retail/regular prices for these corsets can be found on the downloadable inventory spreadsheets which are updated weekly. These products are also covered by the lifetime guarantee. See section 6.1 and 6.2 under Lifetime Guarantee for more information.

3.2 We have a minimum opening (first) order of $300 for wholesale/distributor accounts. Subsequent orders are not subject to any minimums. If you are planning to sell our products on your website only, and have us drop ship directly to your customer, then we can waive the minimum initial order if and when you provide a link to your functional e-commerce enabled webstore and we confirm that any product listings or information associated with our products is complete, correct, and in compliance with the terms and conditions herein.

3.3 Our minimum for bulk orders with custom fabric and brand labels is 50 pieces in a range of wholesale/distributor account holder specified sizes. Custom fabrics can be provided by the wholesale/distributor account holder or found for you at our factory, James Corset Co. (“the factory”, “our factory”, “Timeless Trends factory”). While the lifetime guarantee still applies for all custom orders, repairs will be made at the factory for any defective corsets in lieu of exchanges. See sections 6.1 and 6.2 under Lifetime Guarantee for more information. We are unable to accept custom/bulk orders of this type through our site at this time, so all arrangements or inquiries for orders of this type should be made in writing via email and addressed to our factory in Thailand. As custom/bulk orders of this type are made after being ordered our usual shipping timelines do not apply.

3.4 If you would like to exclusively sell one of our products, we offer a buy-out option for most new styles. If said product has already been listed on the website, we are unable to guarantee that you will be the only person, entity, or company/business to have purchased said product directly from Timeless Trends.

3.5 Orders can be placed to be shipped directly to a wholesale/distributor account holder’s customer (drop shipping). We do not charge for this service. For more details see section 1 under “Shipping”.

3.6 The fastest, easiest, and most accurate way to place orders is through our website, logged in with your wholesale/distributor account. We also accept phone and email orders; however, it will take some time (how much will depend on how busy the day is and the size of the order) to gather orders placed through means other than the website, confirm that everything requested is in stock, calculate shipping cost, and collect payment prior to shipping, all of which can extend the order processing time and delay shipping.

3.7 We do not accept backorders on out of stock items at this time. Any customer including wholesale/distributor account holders and retail account holders may request to be notified if and when the product they are interested in is restocked.

3.8 Unless specifically mentioned in the sale details, all advertised sales are for retail customers only. Wholesale/distributor account holders are not eligible to recieve special sale prices in addition to the discounted wholesale price.

4. Shipping

4.1 We make every effort to ship all orders made prior to 3pm CTZ the same day they are placed; however, our processing time for all orders is 24 hours or 1 business day (Monday through Friday 10 a.m. – 6 p.m. CST) and no guarantee of same day shipping is provided. We observe all postal holidays, which can result in some slight order shipment delays. In the event of missing, incorrect, or inaccurate information we will delay shipping orders until the order details have been confirmed or updated with the account holder.

4.2 Each drop ship order is limited to one address. If you wish to have products sent to more than one address, please log back in and place another order for the additional addresses. On our checkout page you'll have the option to enter a return address of your choice that will appear on the shipping label. This is located below your item summary on the first page of checking out in the box titled “Shipping Instructions/Drop Ship Address”. If no return address is provided, the billing address used for the order will be automatically used as the return address with the exception of international billing addresses. We are unable to use international (outside of the U.S.) addresses for the return address at this time. For international wholesale/distributor account holders and any wholesale/distributor account holder who expresses a preference for this, we can substitute “Timeless Trends” with “Shipping Department” or your business’s name followed by our shipping address for the return address field.

4.3 For domestic (within the U.S.) shipments we ship through USPS and UPS and offer a variety of shipping speeds depending on the customer’s preferences as selected during checkout. UPS does not deliver on Saturdays.

4.4 International shipping worldwide is available upon checkout. We only ship internationally via USPS. Timeless Trends is not responsible for any delays or charges incurred at customs when orders arrive at and cross international borders.

4.5 Shipping costs and timelines are liable to vary for all orders depending on the weight of the order and the destination address. Shipping estimates can be calculated from the shopping cart page.

5. Payment

5.1 Payment is due in entirety upon placement of order and prior to shipment unless other terms have been agreed upon in writing with Timeless Trends prior to order placement.

5.2 We accept all major credit cards and PayPal as forms of payment.

6. Lifetime Guarantee

6.1 All Timeless Trends corsets are covered by our lifetime guarantee. With the exception of custom bulk orders corsets found to have a manufacturing defect may be exchanged for a new item. Shipping fees and upgrades to more expensive styles will apply. See section under 7.4 Returns and Exchanges. The lifetime guarantee covers:

Broken busks

Broken spiral or spring steel stays/bones

Splitting seams

Stays/bones that have pushed through their channels and are exposed

Grommets that have pulled free of fabric

Misaligned waist tapes

Corsets that have been cut off grain

Corsets that have been cut or sewn so as to be dramatically asymmetrical

6.2 The lifetime guarantee does not cover signs of normal wear or corsets that have been modified, altered, or abused. Abuse of corset includes but is not limited to:

Damage resulting from wearing the corset during any form of vigorous exercise, such as: running, swimming, weight lifting, yoga, Pilates, aerobics, gymnastics, core strengthening exercises, etc.

Damage resulting from incorrectly following care and cleaning instructions, such as putting corset through washing machine, tumble dryer, or a combination therein, exposing corset to bleach, etc.

Damage resulting from inadequately breaking in or seasoning corset prior to extended wear, such as for the purposes of waist training or shapewear use, or tight lacing

Damage resulting from inadequately storing corset, including mold growth from storage in wet or damp conditions and fading of dye or dye transfer resulting from storage in bright light or wet/damp conditions

Damage that has been intentionally done to the corset by the wearer/owner or account holder in order to exchange it under the lifetime guarantee

7. Returns and Exchanges

7.1 All products must be in new/unused and resalable condition in order to be eligible for a return or exchange, with the exception of corsets being exchanged under the lifetime guarantee.

7.2 Corsets returned to and received by Timeless Trends within 45 days of the date of purchase are eligible for a refund. Refunds will be issued through the original purchase transaction for the cost of the returned items only. Timeless Trends does not cover the shipping cost to return items regardless of condition, status under the lifetime guarantee, or nearness of return to date of purchase.

7.3 Corsets returned to and received by Timeless Trends within 45 days of the date of purchase are eligible also eligible for an exchange. Exchanges must be for in stock products. If requested product is out of stock at time of exchange we may ask customer to choose an alternative product. Timeless Trends covers neither the shipping cost to return nor to ship exchange corsets, nor will the corset selected for exchange ship until any price difference and shipping cost is paid.

7.4 Corsets returned to and received by Timeless Trends outside of the 45 day return and exchange period are not eligible for a return for refund; however, exchanges are handled on a case by case basis and are often possible. Exchanges under the lifetime guarantee often fall into this category. Exchanges must be for in stock products. If requested product is out of stock at time of exchange we may ask customer to choose an alternative product. Timeless Trends covers neither the shipping cost to return nor to ship exchange corsets, nor will the corset selected for exchange ship until any price difference and shipping cost is paid.

8. Account Termination

8.1 This agreement shall automatically terminate if you violate any of these terms and may be terminated by Timeless Trends at any time. Upon termination of this agreement your wholesale/distributor account will be immediately reverted to a retail account and you will be notified in writing of your wholesale/distributor account termination via email or post. Wholesale/distributor account holders whose accounts have been terminated and reverted to retail accounts for this reason are NOT eligible to reapply.

8.2 In the event that we feel a wholesale/distributor account holder has violated these terms out of misunderstanding, incorrect interpretation, or failure to comply with recently updated (within 5 business days of update) terms and conditions we may, at our discretion, choose to notify the wholesale/distributor account holder of their violation in writing (via email or post) AND offer a limited span of time in which to correct the violation before account termination (restrictions and penalties as outlined below will apply). As follows are our policies for wholesale/distributor account holders in violation of these terms for 1st and 2nd chronological violations in the event that we believe the wholesale/distributor account holder has unintentionally violated these terms:

1st violation: Wholesale/distributor account holder will be notified of their violation in writing, via email or post, and given no more than 10 business days from the date of notification to correct any and all violations in order to avoid account termination. Until proof of violation correction is provided your account will be suspended and no orders placed by the wholesale/distributor account will be shipped. Failure to correct the offending materials within 5 business days and provide proof of correction will result in immediate wholesale/distributor account termination and reversion to a retail account. Wholesale/distributor account holders whose accounts have been terminated and reverted to retail accounts for this reason are NOT eligible to reapply.

2nd violation: Wholesale/distributor account holder will be notified of their violation in writing, via email or post, and of their wholesale/distributor account’s immediate termination and reversion to a retail account. Wholesale/distributor account holders whose accounts have been terminated and reverted to retail accounts for this reason are NOT eligible to reapply.

8.3 This agreement can also be terminated upon wholesale/distributor account holder request made in writing at which time the wholesale/distributor account will be immediately terminated and reverted to a retail account. Wholesale/distributor account holders whose accounts have been terminated and reverted to retail accounts for this reason are eligible to reapply.

8.4 This agreement and any and all wholesale/distributor accounts will also be terminated if the wholesale/distributor account has been inactive (i.e. no orders placed or purchases made) for a period of 6 months OR if the wholesale/distributor account has not placed orders for and purchased a minimum of $1000 during each calendar year. Wholesale/distributor account holders whose accounts have been terminated and reverted to retail accounts for these reasons are eligible to reapply.

9. Intellectual Property Right

9.1 All products and components of products, including patterns, designs, names, and descriptions, produced by Timeless Trends and Timeless Trends factory are the property of Timeless Trends. We do not allow any persons, entity, or company/business to replicate our products or components therein for any purpose, including the manufacture of similar items for personal, commercial, or non-profit use, and misrepresentation of replicated items as Timeless Trends products.

10. Content Warning

10.1 If you are planning to resell our products from your website we provide wholesale/distributor account holders with photos for all corsets and alternate names, descriptions, and bullet points for our newer products. These are available from the downloadable photos section of our website, viewable when logged in with a wholesale/distributor account. Wholesale/distributor account holders are expressly forbidden from using content located anywhere else on our website.

10.2 All content on our site belongs to us, Timeless Trends. We do not allow wholesale/distributor account holders to replicate our site for personal or commercial use, or any public display (commercial or non-commercial); this includes copying and making use, in whole or part, of our slogan, webpages, graphics, text from any page of our site, product names, product descriptions, product bullet points, and any photos, product names, product descriptions, and product bullet points aside from the those provided for wholesale/distributor use in the downloadable photos section of the website.

11. Liability

11.1 Timeless Trends is not liable for any injuries, physical or psychological, caused by our products being used correctly or incorrectly. We recommend any person seeking to wear our products, particularly those intending to use our products to assist with weight loss and/or waist training, consult with a trusted physician or medical professional prior to use.

11.2 We do not recommend our products for any person under the age of 18 or who has not yet reached the age of majority as defined by their country of residence or nationality, whichever is the greater age. Waist training in particular is a form of body modification and as such should only be undertaken by consenting, informed adults.

12. Revisions and Errata

12.1 The materials appearing on Timeless Trends' site could include technical, typographical, or photographic errors. Timeless Trends does not warrant that any of the materials on its web site are accurate, complete, or current. Timeless Trends may make changes to the materials contained on its web site at any time without notice. Timeless Trends does not, however, make any commitment to update the materials.

12.2 Timeless Trends may revise the terms of use for its site or wholesale/distributor accounts at any time without notice. By using our site and applying for and maintaining a wholesale/distributor account you are agreeing to be bound by the current version of the applicable Terms and Conditions.

13. Governing Law

13.1 Any claim relating to Timeless Trends' shall be governed by the laws of the State of Texas without regard to its conflict of law provisions