Additional Terms for Retailers
These additional terms for Retailers (“Retailer Terms”) apply to the use of the Services and the Platform and by a Retailer, in particular the purchase of goods as a Retailer through the Services and shall integrally form part of the Terms.
ACCOUNT REGISTRATION – RETAIL ACCOUNT
- Retailer Account. To purchase goods through the Services as a Retailer, you must register, create a retailer Account and your application must be approved by Plain Tiger (“Retailer Account”), as further set forth in the Terms. We reserve the right to deactivate your Retailer Account if we find that you are in breach of these Retailer Terms.
- Qualifications. To qualify for a Retailer Account, Retailers must have an online, brick and mortar or pop-up store that is open and ready for business (authorized subscription boxes and booths may also qualify at our discretion). You must also have, and upon request provide proof of, a valid reseller’s permit or ID.
- Registration. When you sign up as a Retailer, you will be required to submit customary information such as your first and last name, store type (e.g., online, brick & mortar), email address and other information about your business. Before you make your first purchase as a Retailer, you may be required to provide additional information such as payment method information, reseller ID number and related documentation and any other information as may be required by Plain Tiger or any payment processor.
- Representation. The Retailer warrants that it is fully authorized to enter into this Contract, to place Orders and to purchase Goods on the Platform, and that it is not aware of any restrictions with respect to the purchase of the listed Goods to in the region of delivery and or region where the Retailer is registered.
USE OF THE PLATFORM
- Retailer Rights. Plain Tiger allows the Retailer to place Orders with the goal of buying Goods on the Platform.
- Right to Refuse. You acknowledge and agree that Brands may refuse to complete your purchase and Plain Tiger may cancel a purchase for any reason.
- Duty to Notify. You agree to immediately notify Plain Tiger in the event that another User proposes to make or receive a payment outside of the Platform in violation of this section by sending an email to firstname.lastname@example.org.
- Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including VAT and sales taxes, as well as any other payments or filings required under applicable law. All our fees are exclusive of VAT unless otherwise indicated. Specific VAT rates will vary depending on the location of Brand and Retailer.
- License on Product Content. Plain Tiger hereby grants to the Retailer a limited, worldwide, non-exclusive, non-sublicensable, non-transferable and royalty-free license to use the Product Content. This license is limited to Product Content relating to Goods that the Retailer has validly purchased on the Platform and solely for the purpose of reselling the Goods. Plain Tiger is entitled to revoke this license when the Service Contract ends.
- Information and statements on the Platform. All Product Content and other information and statements provided on the Platform concerning, amongst others, the characteristics of the Goods are given by and on behalf of the Brand and do not constitute any obligation or commitment from Plain Tiger.
- Disclaimer of warranties. Plain Tiger does not give any implicit or explicit warranty as to the quality, fitness or the delivery times of the Goods purchased by the Retailer on the Platform. Plain Tiger cannot be held liable by the Retailer for any acts or defaults of the Brand. The Retailer acknowledges that Plain Tiger does not have the power or control to inspect or verify any Goods sold on the Platform.
Representations and warranties. The Retailer represents and warrants that:
(a) it shall not sell or distribute Goods Ordered on the Platform on any third party marketplace including but not limited to Amazon, Bol.com and eBay, without proof of consent from the Brand and Plain Tiger.
(b) It shall keep fully confidential and not disclose to any third party the sale prices and applicable discounts relating to the Goods on the Platform, with the exception of the suggested retail prices (MSRP).
- Indemnity. The Retailer hereby indemnifies and holds harmless Plain Tiger from any losses, liabilities, damages and costs resulting from
ORDERS AND PAYMENTS
- Placing an Order. By placing an Order which is accepted by Plain Tiger and the Brand, the Retailer enters into a binding agreement with Plain Tiger to purchase the Goods and to pay the purchase price for the Goods as both specified in the Order. The Order may be subject to additional terms and conditions.
- Order Minimums. Brands may specify a minimum quantity a Retailer must purchase before a Brand is willing to sell to a Retailer (an “Order Minimum”). This amount is set by each Brand and may vary between Brands. Brands have the option to set a different Order Minimum for first orders and reorders you place with them.
- Inventory. Plain Tiger will encourage Brands to have sufficient inventory to sell goods to Retailers. However, Plain Tiger does not guarantee a Brand's inventory or that there will be enough product to sell to you.
- Invoicing. When a Retailer places an order with a Brand, a proforma invoice is emailed to the Retailer - this is a non-active invoice that lists all the products ordered. When the shipment is sent from the Brand to the Retailer, the active retailer invoice is created for the products in the shipment. Where possible, the email will also include a tracking & tracing link (‘shipping link’) for the shipment (or multiple T&T links in case of multiple shipments).
- Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card but excluding pre-paid cards) with your Retailer Account. Approved payment methods may vary by region. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the Goods purchased, and any applicable taxes and other fees that may accrue, and you authorize any Brand, Plain Tiger and any payment processor for any of them to charge the payment method with any payment due from you using the information you have supplied to Plain Tiger, and/or (where applicable) to credit that payment method and/or to make any adjustments if necessary. Plain Tiger reserves the right to correct any errors in pricing.
- Payment Processors. Third-party service providers may be used for payment card acquiring, fraud alerts, payment processing and the disbursement of funds to Brands from which you make purchases. You agree that Plain Tiger may share information about you with such payment processors in order to complete any transaction.
- Conclusion of Order Contracts. When you purchase Goods offered by a Brand (a “Purchase”) through the Plain Tiger platform, Plain Tiger shall fulfill the Purchase and will purchase the same Goods from the Brand. Accordingly, where payment by you in respect of any Contract is made to Plain Tiger, this shall discharge your obligation for the Purchase to the extent of the amount so paid. Plain Tiger does not act as agent for you in relation to the negotiation or conclusion of, or any payment made under, any Purchase.
Payment timings. When you pay for any Purchase, Plain Tiger is granted a discretion to determine which of two payment timings shall be available to you:
9.1 Payment before Shipment: You are required to make payment of the Purchase Price before the shipment of the Good; or
9.2 Extended Credit: Plain Tiger grants you a period of interest-free trade credit on the basis of which you are obliged to make payment of the Purchase Price a certain number of days after the date on which the Contract is concluded
a. Description. Plain Tiger may facilitate that selected Retailers pay for an Order after delivery, usually 14, 30 or 60 days after delivery. This does not change the timing of payment to the Brand (see: Additional Brand Terms).
b. Availability. In determining whether to make extended credit available to you in respect of any Contract, Plain Tiger and /or our Credit partners will consider your credit standing and the aggregate amount outstanding from you in respect of all other Contracts under which payment has not yet been made in full (the “Outstanding Credit Amount”). Plain Tiger may in its discretion set a credit limit (the “Credit Limit”) which shall apply to all your Contracts. If the extension of credit to any new Contract will cause the Outstanding Credit Amount to exceed such Credit Limit, Payment on Shipment Terms shall be applied to that Contract. Retailers may reduce the Outstanding Credit Amounts by logging onto your Retailer Account and paying down amounts outstanding under other Contracts. Plain Tiger reserves the right to change any Credit Limit from time to time in its entire discretion and you may request an increase to your Credit Limit through your Retailer Account. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.
c. Invoicing. If the invoice created is an extended credit invoice (and thus needs payment) then an additional email is sent, which contains a link for direct payment options.
Payment due. Upon placing an Order using extended credit, this Order can no longer be modified by the Retailer and the Order becomes binding to the Retailer.
e. Payment conditions and handling fees for late payment. Payment becomes due such a number of days after receiving the first shipment of the Order as specified in the extended credit terms.
Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make payment when due of any part of the amount owing under these Terms, Plain Tiger may:
a. on behalf of the parties to whom the amount is payable, give notice making the whole of the amount and any other amount payable by you under these Terms due and payable immediately (if not so already);
b. cancel or suspend any Purchase;
c. temporarily suspend or permanently terminate your Retailer Account;
d. Immediately reduce any Credit Limit to zero;
e. apply any amount in Plain Tiger’s possession or control which is owed to you toward reduction of the outstanding amount; and/or
f. declare that interest shall accrue on any amount outstanding from you at the rate of 8% per annum from the due date of such amount to its date of payment.
g. charge the statutory handling fees for late payment with a minimum of 40 USD
h. reserves the right in these circumstances, acting on behalf of the relevant creditor, to turn over the collection of any amount due from you to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt.
- Indemnity. You acknowledge that, if you fail to make payment when due under these Terms, Plain Tiger may, as a matter of good platform management, make payment of the amount due to the relevant creditor (the “Discharged Creditor”). You acknowledge and agree that to the extent that Plain Tiger does this, you shall be liable to Plain Tiger in the same amount and to the same extent as you were liable to the Discharged Creditor and you shall indemnify Plain Tiger against any costs, detriment, damage or losses which it suffers as a consequence of your non-payment of any part of the outstanding amount owing under these Terms when due.
Third-Party Financing and Credit Limits:
13.1 Plain Tiger may partner with third-party financing companies and credit providers to offer credit limits and extended payment terms to Retailers. To determine whether to make credit limits available to a Retailer, Plain Tiger may share Retailer's information with such third-parties, and receive information about Retailer from such third-parties. The decision to offer a credit limit and extended payment terms to a Retailer will be at the sole discretion of Plain Tiger and its third-party partner.
13.2 Agreement to a credit limit offered by the third-party financing company by a Retailer may be subject to a separate contract with terms & conditions as defined by the third-party financing company.
13.3 The credit limits offered by the third-party financing company to the Retailer will be separate from the credit limit offered by Plain Tiger and cannot be combined together when making a purchase.
13.4 The Retailer will be required to settle the invoices and any outstanding credit limits of Plain Tiger and the third-party financing company separately as defined in their respective terms & conditions.
13.5 In case of delay or failure to make payments, Plain Tiger and the third-party financing company can initiate actions separately or jointly to recover the outstanding amounts from the Retailer.
SHIPPING AND DELIVERY
- Shipping. You agree to provide a valid, physical address to receive any product that you order through the Services. Plain Tiger does not offer drop shipping to customers of Retailers. Retailers are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise. Products shall only be deemed delivered when they arrive at the retailer location with (any export duties and) shipping fully paid. Until this moment the products are the responsibility of the Brand. Plain Tiger offers Brands a ‘Shipping by Plain Tiger’ option whereby Plain Tiger coordinates shipping, but this does not transfer the responsibility for the Goods, which remains with the Brand.
- Shipping Costs. You are responsible for and agree to pay for all shipping costs displayed on your invoice as well as any customs and/or duties on international orders. Shipping costs will be included in your invoice. Shipping costs will vary depending on the weight of the package and where the package is being shipped from.
- Lead Times. You acknowledge that lead times vary on how long it takes for a Brand to ship a product. Average lead times are displayed on the Brand's page and/or when the product is in your cart. If any order takes longer than 2 weeks to ship, your invoice due date and return window (if applicable) are automatically extended by 2 weeks. Once the Brand accepts the order, the expected ship date will be updated in your Retailer Account. You will receive a notice once the product has shipped, giving you a tracking number and specifying the shipping costs.
Obligation to Report. Retailer shall be obliged to report to Plain Tiger without delay, and in any case within 7 working days upon actual or claimed arrival in order to allow Plain Tiger to adequately follow up, any issues relating to:
4.1 Non-delivery of Goods: Goods have not been delivered (yet) while the system (falsely) claims they have.
4.2 Defective Goods: Goods that do not perform as (could be reasonably) expected
4.3 Damaged Goods: goods that show apparent defaults (e.g. major scratches, breakage and/or unable to function)
4.4 Counterfeit Goods or (suspected) counterfeit Goods; infringing on-, or suspected to infringe on the rights of a manufacturer and/or brand.
4.5 Misrepresentation of Goods in product description on imagery
4.6 Wrong Goods delivered, when what was delivered is not what has been ordered.
- Refunds and Cancellations. If you receive a product that is damaged, the shipment includes missing items or you do not receive the product by the expected shipment date, you must report the issue in any event within 7 days of receiving the product. If you do not timely report the issue, the Goods shall be deemed delivered and satisfactory. Plain Tiger reserves the right to accept or reject any missing or damaged report filed by a Retailer in its sole reasonable discretion, including in the event Plain Tiger suspects any fraudulent activity. Plain Tiger’s decision whether to accept a damaged or missing claim shall be final.