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This Customer Agreement
("Agreement") is a contract between you and buynamebrandsonline.com LLC
doing business as (DBA) designabiz.com ("designabiz") and applies to
your purchase of designabiz's products and to your use of the designabiz's
"drop shipment" services (collectively the "Service") available through
www.designabiz.com. If you do not agree to be bound by the terms and
conditions of this Agreement, you will not be permitted to make any
purchases.
You must read, agree with, and accept all of the terms and conditions
contained in this Agreement before you may become a customer of designabiz.
In this Agreement, "you" or "your" means any person or entity using the
Service ("Customers"). Unless otherwise stated, "designabiz," "we" or "our"
will refer collectively to designabiz.com.
Unless otherwise specified, all references to a "bank" in this Agreement
include savings associations and credit unions, and all references to a
"credit card" include American Express, Discover, Visa and Master
Card-branded debit cards.
1. Your status as a Customer. To become our customer, you must be a
Member of designabiz.com in order to use our Services.
You must also agree to each and every condition in this Agreement:
2. Our status as your Drop-Shipper. As your drop-shipper, i.e. a
company which ships your sales directly to end-users, we perform a valuable
service, which involves, however, a higher degree of risk. Since we ship to
third parties based on your orders, it is impossible for us to retrieve the
shipped products in case of fraud. Therefore, we will not provide our
Services to you unless you make assurances and guarantees contained below.
3. Eligibility. Our Services are only available to persons that can
form legally binding contracts under applicable law. Without limiting the
foregoing, our Service is not available to minors (under 18) or persons who
are suspended from our Service.
4. Identity Authentication.
In order to reduce online fraud designabiz has the
right to request a photocopy of your Driver's License and ask that you
e-mail a copy of your Driver's License to
customerservice@designabiz.com
or mail a copy within 10 days of registration to
Customer Service @ Designabiz.com
PO Box
100934 Cape Coral, FL 33910. You
authorize designabiz, directly or through third parties, to make any
inquiries we consider necessary to validate your registration and verify
your identity. However, because user verification on the Internet is
difficult, designabiz cannot and does not guarantee any user's identity. It
is important to e-mail or mail a signed copy of this agreement along with a
photocopy of your Driver’s License within 10 days of registration in order
to continue access to designabiz.com’s Member’s area of the website.
Failure to comply will result in your account temporarily being disabled
until this obligation is fulfilled.
5. Web Store. The on line
Web Store is offered for our cost and because of this the $288.88 to build
your store is a non refundable payment. After the full payment of $288.88 is
received for your on line Web Store, within 24 hours you will receive an
e-mail with an assigned user name and password to access our wholesale drop
ship site. It can take up to 5 days to complete your web store though it is usually ready within 2 days.
24 hours after payment is received we will place the order for your business
cards and you will receive an e-mail welcome kit that includes information
about your web store; your URL (web store address), your web store e-mail
address, and questions we will have to customize your store.
6. Our Responsibility Regarding Your Web Store. We load your
ecommerce web store with 16 of our wholesale products as base links and
supply links to similar products for your visitors to view. We price these
items for a resale price that allows you a fair profit and is a price less
than full retail. Our web designer’s code all 16 Add to Cart buttons with
links that identify your store as the store the purchase came from. We post
a note on your web site that all products ship directly from the factory and
the factories can take up to 3 to 5 business days to process their order.
As long as your store actively participates in a monthly maintenance plan we
will remove products from your store when they are no longer available we
will replace them with new products. There is no limit on how many times we
will remove and replace items that become obsolete however we will not
remove items and replace them for any other reason than they are no longer
available. We are not responsible for items that are out of stock after an
order is placed however if an out of stock item sells we will refund your
customers money and we will not pay you a profit on the item refunded. We
will not maintain a web store that is not under a monthly maintenance plan.
Once you have a customer place an
order from your web store, we will place the order with the wholesaler and
send you a copy of your customer's order. Once the wholesaler ships the
order we will send you the tracking information for their order and unless
other arrangements have been made we will deposit your profit in to your
PayPal account. Your profit is the resale price less the wholesale price.
To view your wholesale price visit web page http://www.designabiz.com/products2.html
7. Your Responsibility
Regarding Your Web Store. The price we charge to build your ecommerce
web store is our cost to build your store and because of this the $288.88
fee that you paid for your Web Store is non refundable. To keep the price
low and the monthly maintenance fee $48.88 low we must limit the ecommerce
Add to Cart buttons to 16. However your 16 buttons are what we call a base
button because your customers can click on the product picture and this
picture links to a page with similar items for the same price. This is the
reason why we decide on the resale price of each item for your store. This
keeps the cost of creating the custom multiple Add to Cart buttons to a
minimum. The resale price listed assures you, the store owner a profit and
you agree to accept your web store with these predetermined resale prices.
If you are a Member of designabiz.com’s wholesale drop ship site you have
the option to sell all wholesale items for a resale price of your choice on
any Auction site or on line store just not in your designabiz.com web store.
You will have the option to add 4 additional designabiz.com Wholesale
Products with Add to Cart buttons of your choice to your web store with all
4 buttons added at the same time for an additional $50 non refundable fee.
These 4 additional buttons will not have links to similar items like
the 16 base buttons and you can set the resale price. These 4 additional
buttons are not included in the monthly maintenance and when the item is no
longer available we will remove the item. Should you want to replace a
different item where that one was that can be done at that time for a $20
non refundable fee. You can also request a change to these buttons any time
however each time this button will cost a $20 non refundable fee. To give
you a chance to look through the wholesale site and decide what 4 items you
would like to add to your store you understand that the 4 additional buttons
may not be added at the same time as the 16 base buttons.
We set up an e-mail link on your web store so your customers can contact you
directly. We do not have access to your e-mail and it is your
responsibility to respond to your e-mail. You will not hold us accountable
for any unanswered, undeliverable or lost e-mails. You are our customer so
all our correspondence will be with you. We will send you all order tracking
information for you to forward to your customer.
You understand that once we post the 16 products on your web store that all
products we post on your store are only products that we offer through our
wholesale website. You understand that we will not remove, exchange or
replace any items in your store other than items that are no longer
available and that we will maintain your web store when your account is on
an active monthly maintenance plan. We will not maintain your web
store when you are not on an active monthly maintenance plan however we will
take care of any orders that you receive and continue to follow through with
the tracking information and paying you your profits.
We would like you to open a PayPal account if you do not already have one
and notify us of the e-mail address associated with this account. This is so
we can send your money to this account after shipment of each sale. We
understand if you do not wish to have a PayPal account and if this is what
you decide, you agree to accept payment for the profit of the items sold
from your store by check once a month that we will send to you in the
US mail.
8. Refunds and Exchanges. Because we buy everything wholesale our
refund and exchange policy echoes each wholesaler. You can view each
companies policy at the bottom of the individual products page. You
understand and agree to accept these policies.
9. Referrals. We agree to
pay a $50 referral fee when someone signs up for a Web Store through you.
There are two ways you will receive this referral fee. The first one is you
ask us to put a link on your web store labeled
Start Your Own Store. If you request this link on your Web Store you agree to receive
e-mails requesting more information about opening a Web Store. Once you
receive one of these e-mails you agree to forward this e-mail to
customerservice@designabiz.com and Customer Service
will send you back a link to send the person who requested more
information. If they sign up for a Web Store we will deposit $50 into your
PayPal account as soon as they pay in full for their store. The other way
you will receive the $50 referral fee is by telling your customer to contact
our Customer Service through e-mail and ask them to mention your name and
that you suggested they contact us for more information. If they sign up for
the Web Store we will deposit $50 into your PayPal account as soon as they
pay in full for their store. You understand that we will not give the $50
referral fee if the referral was not mentioned prior to sign up and we do
not pay any referral fee for monthly subscriptions to designabiz.com’s
wholesale web site.
10. Purchase
Order/Login and password protection/Indemnification for use of
designabiz.com's wholesale site.
(a) Any purchase of a wholesale product for wholesale price can be made only
after you log in into the members area of designabiz.com using your user
name and password. Designabiz will assign your user name and password within
24 hours of registration. You are responsible for the use and protection of
user name and password.
(b) You understand and agree that all risk associated with unauthorized use
of your log in and password are solely yours and agree to hold designabiz
harmless and free of any claims, liabilities, demands for reimbursement,
credit card charge-backs, or causes of action relating to such unauthorized
use.
11. Delivery according to the
instructions. Generally, you make purchases that must be delivered to a
third person (your customer). You hereby agree to waive any claim,
objection, or a credit card chargeback based on the assertion that you did
not receive the order or that the order is not in your dominion or control.
12. a) Prepayment.
Designabiz retains the right, and does request that the member provides a
prepayment for order(s). If the prepayment is in the form of bank transfer,
direct deposit, money order or cashier's check and if the prepayment is done
in the form of bank transfer or cash direct deposit through PayPal the
credit is applied to the account the same day. If the prepayment is done in
the form of a money order or cashier's check it will take 3 to 5 business
days for funds to clear and credit be applied to the account.
b) Prepayment Refund.
Designabiz Liability. If designabiz fails to fulfill their obligations,
meaning that designabiz is unable to send out merchandise in 5 business days
after the funds have cleared and the order is canceled, designabiz will
issue a refund for the prepayment in the form of a credit to you or your
customers credit card.
To offer these exceptional wholesale prices we ship these products directly
to you from the manufacturer and this is the reason most orders are received
within 10 business days though it can take up to 21 days for your customer
to receive their order. This is also the reason we follow each factories
refunds or exchanges policy unless your customer did not receive the item
ordered or the item is damaged and the factory is at fault. If this happens
you agree to following instructions:
How to
Return/Exchange Your Order:
Contact us within 5 days of
receipt of your product by e-mail to
customerservice@designabiz.com and include a copy of your order or the
transaction ID number from your receipt page. Please tell us the item you
received and how you know this is not the item you ordered. Advise us if you
want a refund or an exchange.
We will email your return/exchange instructions that include a ship to
address located in the United States along with a confirmation number:
All items returned/exchanged must be unworn and in the original box, and all
original contents, (i.e. retro cards, or cases, etc.).
Refund/Exchanges must be returned with in 10 days of delivery of your item.
Certain items can not be returned, i.e. products on our clearance page.
Return/exchange must include confirmation number to be processed.
Return/exchange shipping costs are reimbursed as long as they
are returned via shipping as per our instructions and the return is due to
factory error.
A credit for purchase price + return shipping costs via our instructions
will be applied to your credit card once item is received.
Exchanges will be processed once
item is received.
If a member requests a refund of the prepayment for any reason other than
specified in the "Designabiz Liability" section, a refund will be issued
only if member contacts Designabiz before the order ships. This
refund will be in the form of a credit to the member’s card less a
processing fee of 20% of the order total. The credit will be issued in 3 to
5 business days from the date a request is made. The member has a time limit
of 30 days from clearing date to request a refund of the funds.
13. Legal Disputes. In
the event any dispute arises between you and designabiz in relation to this
Agreement or any transaction relating thereto, all claims or actions,
whether judicial, quasi judicial or administrative must be made in the Lee County, State of Florida. You hereby expressly agree to submit to
jurisdiction of the appropriate Lee County court. If further agree
that any claim or action against designabiz may be prosecuted solely and
exclusively in the County of Lee County, State of Florida.
14. Attorney Fees. In
case of any collection activity, dispute, litigation, claim, or action
arising in relation to this Agreement, the prevailing party shall be
entitled to compensation of reasonable attorney fees and costs of
enforcement.
15. General.
(a) This Agreement is governed by and interpreted under the laws of the
state of Florida.
(b) If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.
(c) Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
(d) Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. (e)
This Agreement set forth the entire understanding between Customer and
Designabiz with respect to the subject matter hereof.
RETURN POLICY
This return policy is applicable to all products that the individual
factories state that they accept returns.
Exception Section - Items Not Covered Under this return policy:
Any product listed on a page where it states the factory does not accept
returns.
Items may be returned only with prior authorization.
All shipping and handling fees are non-refundable with an exception where
designabiz has made an error by shipping and incorrect item to the
customer. In this case, Member must contact designabiz to obtain a return
label or request a merchandise pick up. Once item is returned back to the
warehouse a correct replacement unit will be shipped out or a credit issued
for the full amount of the order if the correct unit is unavailable.
Designabiz must be informed of the receipt of incorrect merchandise within 5
days of the delivery.
Unwanted Returns: Unwanted product returns will be subject to a 20%
restocking fee and must have a Return Merchandise Authorization number (RMA#).
Merchandise must be in the unused condition only. Does not include items
listed in Exception Section.
Refused Delivery: Returns falling under this category will be treated as
“Unwanted Returns”, consequently they will be subject to a 20% restocking
fee. The customer will also be responsible for the return shipping cost
incurred by the action of refusing the delivery. Consequently, a credit will
be issued less 20% restocking fee of the value of the merchandise and less
shipping and handling fees both ways. If the refused delivery pertains to
non returnable products, because these are shipped directly from the
factory, no refund or credit will be issued. It is the responsibility of
the member to recover these refused items and not the responsibility of
designabiz.
Defective Items: A customer must return merchandise at their expense within
30 days from the date of delivery with prior Return Merchandise
Authorization number.
If the return has been received to the factories warehouse after 30 days
from the original day of the receipt of the merchandise, it will be sent to
the Member at their expense.
All reimbursements are done in
the form of a credit to the member’s payment method. Refunds may take 3 to 5
business days to post back to the credit card.
SALES TAX
Resellers are not charged sales tax however because our business is located
in Florida, Florida law requires that we charge residents sales tax unless
resident sends us a copy of their resale sales tax ID number. Since Florida
issues a new number every year our system is set up to automatically charge
Florida residents sales tax on each sale. However once we have your sales
tax ID number on file we will issue a credit to your credit card each time
for the tax charged from the date we receive your resale sales tax ID
number.
Important
Notice: To offer these great prices all products ship directly from
factories world wide & within the US. These factories usually take 3 to 5
business days to ship orders. Make sure you make note to your customers
especially if their purchase is a gift.
We will soon
be offering affordable ecommerce custom design web sites in a start up
business package! You will have 3 custom web sites to choose from that will
offer products from designabiz.com's wholesale drop ship site. These web
sites allow you to choose from the designabiz.com products that you would
like to sell and you decide their resale price. If you would like more
information about these sites once they are available
Click Here |
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