Retail partner agreement

General retail partner agreement

This Retail Sales Agreement (hereinafter, the “Agreement”), is made and entered into by and between EQUO US, LLC (hereinafter “EQUO”, “us”, “we”), and “Retailer” (hereinafter, “Retailer”).  Retailer wishes to sell and promote the products offered by EQUO in their store.

MSRP

Products or goods purchased from EQUO shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Retailer chooses to place the products or goods for sale at a discount, the Retailer shall not discount the products more than 15% below MSRP.

MSRP can be found on EQUO’s website by logging in to the Retailer’s online account and selecting a product in our store.

Permission for special sale events beyond the 15% discount by the Retailer must be requested in writing to EQUO and will typically be granted on a semi- annual basis.

Online commerce

No products or goods purchased from or produced by EQUO shall be resold by or through any on-line auction or online store (such as Ebay, Amazon or other similar sites) without the express, written authority of EQUO. If Retailer is planning to sell products produced by EQUO in an online marketplace/store, it must be owned by the entity applying for a Retailer Account and listed on the Retailer Application to be approved by EQUO.

Product imagery

EQUO has made available through it’s style guide, logo(s) and other assets, as well as recommendations for the usage of said assets, to the Retailer. Retailer will to the best of it’s ability adhere to those guidelines for print as well as online advertising. Should Retailer require any additional images, please contact EQUO. Any imagery Retailer provide’s themselves must be approved prior to use (please allow adequate lead-time for approval; two weeks is recommended).

Payment

At this time, EQUO is not extending credit terms. All orders must be accompanied by pre-payment. EQUO accepts credit card payment online via EQUO’s website. EQUO does not accept checks, or electronic transfers.

Sales and tax

Retailer agrees that it is the sole responsibility of Retailer to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue stemming from the sales of EQUO’s products. Retailer further agrees that EQUO is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the products provided to Retailer by EQUO.

Shipping

Retailer shipments do not qualify for free shipping. EQUO charges a flat rate of $15 (fifteen dollars) for all shipments to United States Retailers, for their orders, regardless of shipping method. International Retailers will be charged appropriate FedEx International rates.

Drop Shipments

EQUO understands that the customer should always get what they want. In interest of serving both the Retailer as well as their customers EQUO offers Drop Shipments for United States Retailers. Drop Shipments will only be sent via Ground delivery methods. Drop Shipments incur the following fees (per Drop Ship order):

Shipping:

  • $8 (eight dollars) – ground shipping fee

Handling:

  • $4 (four dollars) – handling fee for the first item shipped
  • $2 (two dollars) – handling fee per additional item shipped

EQUO can not guarantee in-stock availability for Drop Shipments. Retailer is fully responsible for any sales made of EQUO products to be Drop Shipped. If an Item to be Drop Shipped is out of stock, EQUO is not responsible for fees associated with refunds to the end customer. EQUO will not honor any Drop Ship order for Out of Stock items.

EQUO at this time does not offer International Retailers Drop Shipping.

EQUO rewards programs

Retailer does not qualify for any and all EQUO Rewards, Ambassador, or Champion program benefits. Retailers are required to have a distinct and Separate Retail Partner Program account. This account requires a separate unique Username, and Email address from the individual buying agents Username and Email.

Reselling to third party wholesale accounts

Any Retailer who distributes EQUO’s goods and products to any entity for re-sale must require their customer to strictly adhere to these same retail agreement guidelines as set forth in this Agreement. Any Retailer who does not enforce these guidelines with their own re-sale customers will be subject to termination of this Agreement.

Errors, returns and warranty

Order errors and/or defects must be brought to EQUO’s attention within five (5) business days of receipt of shipment by Retailer.  Retailer will not send a knowingly defective product to a customer. We endeavor to protect your reputation, and ours; if you or your customer finds an issue related to manufacturing defects during the first 30 days after sale, we will work with you to find a resolution. For further information see EQUO’s returns & exchanges policy for individual defects.

Buy-back

If retailer wishes to return any unsold item(s) in original condition to EQUO after one (1) year from purchase date for a full refund of the invoice price of such item(s) minus a 10% restocking fee. Retailer shall notify EQUO no later then ten (10) business days after one (1) year from the original purchase date. Retailer shall bear the cost of shipping, handling and insurance for returned Merchandise. Once EQUO has 1) been notified of the desired return by the Retailer, 2) received the items to be returned, and 3) inspected the returned items, EQUO will provide a credit (store credit) for new merchandise, credit the account of the Retailer via the original payment method  used to purchase the item(s) or send a cashiers check to the Retailer. This process can take up to thirty (30) days.

Responsibility

EQUO is in no way responsible or liable for the success of the Retailer’s website or store, the accuracy, or legality of its content and operation. Further, the Retailer has independently evaluated the desirability of participating in EQUO’s Retail Partner Program and is not relying on any representation, guarantee or statement other than set forth in the Agreement.

Right to modify

Retailer can review the most current version of the Agreement at any time at this page. EQUO reserves the right, at it’s sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to it’s website. It is the Retailers responsibility to check EQUO’s website periodically for changes. Retailers continued use of or access to EQUO’s website, or purchasing of EQUO’s products following the posting of any changes to the Agreement constitutes acceptance of those changes.

Severability

If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Governing law

The Agreement and any separate agreements shall be governed by and construed in accordance with the laws of the state of Illinois, United States.

Updated: 11/28/2017