Fifth & Ninth Wholesale:
Terms & Conditions
Fifth & Ninth has prepared the following terms and conditions for all wholesale orders. The terms and conditions set forth herein supersede all prior written or oral agreements. No changes may be made to these terms and conditions unless modified in writing and signed by both parties.
1. Standard Terms: Standard terms are pre-payment, via credit card, money order or bank wire.
2. Pricing: Product prices are based on the most current listing at the time of shipment, whether on a printed price list or published online. Totals are subject to tier pricing based on quantities ordered.
3. Consumer Resale: Buyer acknowledges that any and all merchandise purchased from Fifth & Ninth is for the sole purpose of consumer resale only. Buyer is restricted from selling merchandise for wholesale, unless Fifth & Ninth has provided prior written consent.
4. Online Channels: Sales to off-price retailers and online sales via any third-party platform, including but not limited to, all seller storefronts and seller marketplaces are prohibited. The only permissible online channel is via retailer’s wholly-owned and operated, stand-alone website.
5. Shipping: Buyer is responsible for all shipping costs. All orders ship EXW RI. Fifth & Ninth ships via UPS Ground for domestic and Fed-EX or USPS for international export unless specified beforehand. Shipping arrangements must be made before order is packed for delivery.
6. Warehouse Handling Fee: All domestic and international shipments under $300 are subject to a $10 handling surcharge.
7. MAP Policy: Buyer agrees that all sales conducted via physical store or the internet will be at no less than the Product’s Suggested Retail Price, as determined and published by Fifth & Ninth, unless otherwise specified in writing.
8. Returns: Fifth & Ninth does not accept merchandise for return or exchange unless items are defective. All claims for shortages or damages must be made within 10 business days of receipt of goods. Requests for return must be initiated with sales representative prior to shipping back merchandise. Defective product must be inspected before credit is issued back to account.
9. Cancellation Policy: All cancellation requests are subject to a restocking fee if initiated after an order is packed and confirmed. A restocking fee of $25 will be applied for all orders, regardless of size or reason.
10. Release Dates: Buyer agrees to adhere to release dates set forth by Fifth & Ninth – sale of accessories prior to the official release dates will result in cancellation of future orders. No pre-selling is permitted.
11. Compliance: Buyer acknowledges and accepts all the Terms and Conditions contained herein, and further acknowledges and accepts that failure to adhere to the Terms and Conditions can result in immediate suspension and/or termination of their Fifth & Ninth wholesale account.