Wholesale Terms and Conditions
Burma Jewelers, Inc (company number P94000039682) (we and us), is a company registered in United States and our registered office is at 169 E Flagler st. #633, Miami, FL. 33131. Our TAX number is 423940. Albert Hern Trademark (Serial Number 87830233). We operate the website https://alberthern.com/ (Website).
To contact us, please email firstname.lastname@example.org or telephone our customer service line on (786) 973-7666. How to give us formal notice of any matter under the Contract is set out in clause 2.
Please note that it is illegal to supply misleading, false, or fraudulent information to obtain wholesale purchases for anything other than resale purposes.
These terms and conditions include:
Seller: Burma Jewelers, Inc based in United States, which concludes the agreement and applies these terms and conditions;
Buyer: any natural person, partnership, company or legal person, accredited to place a Wholesale order with the Seller;
Agreement: the purchase agreement between the Seller and Buyer under which products, including but not limited to jewelry, are delivered to the Buyer.
Webshop: the digital point of sale on the website www.alberthern.com where the Seller offers its products for sale to potential Buyers and Wholesale buyers.
2. OUR CONTRACT WITH YOU
Our contract. These terms and conditions (Terms) apply to the order by you and supply of products by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- All rights and claims stipulated in these general terms and conditions and any further agreements that may be made on behalf of the Seller shall also apply to any intermediaries and other third parties affiliated with the Seller.
- By placing an order with the Seller, the Buyer explicitly agrees to the applicability and content of these general terms and conditions. Any deviations from what is stipulated in these general terms and conditions are only valid if they have been expressly agreed in writing.
- These Terms and the Contract are made only in the English language.
Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. PLACING AN ORDER AND ITS ACCEPTANCE
Placing your order. Please follow the onscreen prompts to place an order or please email email@example.com with details of your order. Each order is an offer by you to buy the products specified in the order (products) subject to these Terms (Order).
Minimum Order. The minimum quantity of your first order must be at least 10 pieces. Any subsequent order must be of a least 5 pieces.
All offers by the Seller are non-obligatory. The Seller has the right to change prices, especially when required by (legal) regulations.
Correcting input errors. When your order is placed online using our website, our order process allows you to check and amend any errors before submitting your order to us if your order is placed online. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.
Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
If we cannot accept your order. If we are unable to supply you with the products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
4. OUR PRODUCTS
- If there is not an image of the products displayed on the Website, one can be provided on request.
- Any images of the products on our site or provided to you are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the products. The color of your products may vary slightly from those images.
- Dimensions are approximate and sizes or colors may vary slightly due to the characteristics of handmade products.
- Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
- The packaging of your products may vary from that shown on images on our site.
- We reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.
5. RETURN AND REFUND
- You may cancel the Contract and receive a refund, if you notify us as soon as possible and return the products to us at your cost within 14 days of receiving the products.
- However, this cancellation right does not apply in the case of all personalized products or any products made to order; unless the products are faulty.
- To cancel the Contract, you must email us at firstname.lastname@example.org and provide your name, address, order number and contact details. Once we have received your email, we will email you to confirm we have received your cancellation. Your cancellation will be effective from the date you send us the email.
- You must return the products to us in its original packaging. If the products have been opened or are not returned to us in its original packaging, you may not cancel the Contract and receive a refund.
- We will only refund you for the delivery costs you incur to return the products to us if they are faulty. We will not refund the delivery costs for the initial delivery of the products as this will be part of a larger order. The delivery costs refunded will be the cost of delivery by the least expensive method we offer. We will refund you within 7 days of receipt of the returned products.
- If the products are faulty and you would like them exchanged with the equivalent same item, the exchanged products will be sent to the shipping address contained in your Order. We will not send the exchanged products directly to any third party.
- Notwithstanding clause 4.1 if you have returned the products to us under this clause 4 because they are faulty you will have 30 days from receiving the products to return them to us.
- If you return products under this clause 4, we will refund the price of the products to you on the credit card or debit card used by you to pay.
- If products have been delivered to you before you decide to cancel the Contract, then you must return them to us without undue delay and in any event not later than 14 days after the day on which you received the products. You can return the products to our address (169 E Flagler st. #633, Miami, FL. 33131).
- Refunds are made once the products are received, reviewed and approved by the Seller.
6. DELIVERY, TRANSFER OF RISK AND TITLE
- Delivery shall be made to the address specified by the Buyer because the Seller shall deliver or have purchased products delivered directly to the Buyer or shipped by mail to the Buyer. The delivery costs shall be borne by the Buyer.
- If for any reason delivery may be delayed, we will notify you by email with 24 hours of notification of the delay confirming the delivery date.
- The delivery times indicated by the Seller are indicative. Exceeding the stated delivery time is not fatal and does not entitle the Buyer to compensation.
- Title of the products shall not pass to you until we have received payment in full (in cash or cleared funds) for the products and any other products that we have supplied to you in respect of which payment has become due, in which case the title to the products shall pass at the payment of all such sums;
- You own the products once we have received payment in full, including of all applicable delivery charges.
- At the time of delivery, the risk involved is transferred to the Buyer
- If we fail to deliver the products, our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, less the price of the products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of products.
- If you fail to take delivery within 10 days after the day on which we notified you that the products were ready for delivery, we may resell part of, or all the products and after deducting any reasonable shipping and selling costs, account to you for any excess over the price of the products or charge you for any shortfall below the price of the products.
- If we deliver up to and including 3% more or less of the quantity of products ordered, you must notify us within 48 hours of receiving the products that the wrong quantity of products was delivered, and a pro rata adjustment shall be made to the Order.
- The buyer must respect the Seller's intellectual property rights (Article 11). If the Buyer violates these rights, the Seller shall be entitled to suspend delivery of the products or to terminate the agreement(s) and to discontinue delivery to the Buyer. All without right to compensation to the Buyer.
7. PRICE OF PRODUCTS AND DELIVERY CHARGES
- The prices of the products will be as quoted on our site at the time you submit your order or as agreed with us from time to time in respect of your trade account.
- We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However, in respect of products that are ordered using our site please see clause 6.10 for what happens if we discover an error in the price of products you ordered.
- Prices are subject to change without notice. The most current online price supersedes any previous pricing. Pricing of metals are subject to change according to the current market rates.
- Prices for our products may change from time to time, but changes will not affect any order you have already placed.
- The price of products excludes TAX which shall be payable by the Customer together with the payment of the products (where applicable) at the applicable current rate chargeable in the USA for the time being. However, if the rate of TAX changes between the date of your order and the date of delivery, we will adjust the TAX you pay, unless you have already paid for the products in full before the change in TAX takes effect.
- If you are a company registered in a country other than the USA for TAX purposes, you can request that TAX be deducted from your order if a valid TAX number is provided to us when submitting your order or opening your Trade Account.
- The price of the products does not include the costs and charges of transport of the products which shall be payable by the Customer together with the payment of the products. Our delivery/shipping charges are as advised to you during the check-out process, before you confirm your order or as you have agreed with us from time to time in respect of your Trade Account (as applicable).
- Subject to clause 6.7, we will charge you a fee of $70 in respect of deliveries to an address in the USA (as amended by us from time to time acting reasonably) for the standard delivery of each Order which will be payable at the same time the products are paid for. Special delivery options are available at the cost price on request. Direct dispatch services are available on request. We aren't currently working with deliveries to any address outside of the USA
- We sell a large number of products through our site. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the products and refund you any sums you have paid.
- You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by you against any amount payable by us to you.
8. HOW TO PAY
- If the Buyer places an order through the Webshop it must be paid directly. The Buyer's order may be subject to further (payment/order) conditions.
- You can only pay for products using a debit card or credit card, payment gateways available at the Webshop or via VENMO payment directly an account previous request.
- When paying via VENMO or wire transfer, all bank fees are to be settled by the purchaser of the products. You must ensure that you pay into the correct currency account.
- Payment for the products and all applicable delivery charges is in advance. We will not receive your order until your payment has been processed.
9. RESALE OF THE PRODUCTS
- We request that you resell the products at or above the recommended retail price in order to protect the value and goodwill of the brand or product. If we believe that the products are being undersold or misused in any way you shall be in breach of this contract and we reserve the right to terminate this contract and claim any damages with accordance to clause 15.
- The name of “Albert Hern” must be indicated as the trademark of the products, they may not be named under another brand or omit the Albert Hern brand in the descriptions and details of the product. The brand must be named at any advertisement, digital and print publication or press article where the products are shown.
- The products must not be modified or altered under any circumstances.
- You are only authorized to sell through the retail store that you listed on your initial application to Albert Hern at the address given. Secondary stores must receive prior approval. Online sales through your own website are permitted meanwhile you respect the clause 9, 10 and 12, however sales through any third-party marketplace sites such as eBay or Amazon are strictly prohibited.
- A link to a Dropbox Folder will be provided with approved images and logos for promotional use.
10. INTELLECTUAL PROPERTY
- All intellectual property rights, including, in any case, but not exclusively copyright and trademark rights, which are attached to the Seller's products, are and shall remain the exclusively property of the Seller.
- This website is owned by Albert Hern, and subject to copyright.
- The Buyer acknowledges and respects these rights and shall not infringe upon them. In the event that the Buyer, in spite of the foregoing, does in any way infringe on the Seller's intellectual property rights, the Buyer shall forfeit the Seller a directly due penalty of USD $2.500,00 per offense, as well as for each day that the infringement continues. In addition, the Seller reserves the right to recover from the Buyer any damages that it may suffer as a consequence of any breach of intellectual property rights accruing to him.
- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with your use of the products. This clause 10 shall survive termination of this Contract.
- The Seller shall ensure that the products sold and delivered to the Buyer reasonably comply with the standards required for using those products.
- Subject to the provisions of this article, the Seller provides 12 months warranty on the hinges, settings and locks of the products.
- The warranties contained in this article only apply if the Buyer has fulfilled all of its obligations to the Seller.
12. OUR WARRANTY FOR THE PRODUCTS
- you give us notice in writing within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in clause 2;
- we are given a reasonable opportunity of examining the products;
- and if we ask you to do so, you return the products to us at your cost, we will, at our option, repair or replace the defective products, or refund the price of the defective products in full.
- We will not be liable for breach of the warranty set out in clause 2 if:
- you make any further use of the products after giving notice to us under clause 3;
- the defect arises as a result of us following any drawing, design or specification supplied by you;
- you alter or repair the products without our written consent;
- the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions;
- or the products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- We will only be liable to you for the products' failure to comply with the warranty set out in clause 2 to the extent set out in this clause 12.
- These Terms also apply to any repaired or replacement products supplied by us to you.
13. OUR LIABILITY
Your attention is particularly drawn to this clause
- Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
- Subject to clause 1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: any loss of profits, sales, business, or revenue; or loss or corruption of data, information or software; loss of business opportunity; loss of goodwill; or any indirect or consequential loss.
- Subject to clause 1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed USD $10.000,00.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
- Without limiting any of our other rights, we may suspend the supply or delivery of the products to you, or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
- you fail to pay any amount due under the Contract on the due date for payment;
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfill your obligations under the Contract has been placed in jeopardy.
- Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
15. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 14 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
16. COMMUNICATIONS BETWEEN US
- When we refer to "in writing" in these Terms, this includes email and Phone Messages.
- Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
- A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first-class post or other next working day delivery service, at 10:00 am on the second working day after posting; or
- if sent by email, at 10:00 am the next working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- The Seller respects the privacy of all its website visitors and ensures that personal data is treated confidentially. The personal data will only be used to complete the order.
- Personal data will not be disclosed by the Seller to third parties not affiliated with the Seller, except where explicitly authorized by the Buyer or if necessary in connection with legal requirements.
- We may assign or transfer our rights and obligations under the Contract to another entity.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives).
- If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. This Contract is governed by American law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the American courts.