DesirePath Mississippi LLC Terms and Conditions of Sale, effective 01/01/2015
1. We welcome all new accounts. Upon approval, the minimum opening order is $300 for Aspen Bay Candles, net of shipping, per approved resale location. Each account, shipping location and order requires pre-approval from the DPM Fragrance sales division. When approving a new account, we take into consideration the appropriateness of the retailers’ store and location, the proximity of other retailers carrying our line, as well as credit references and history. Different retailers may qualify for different product lines, depending on these and other considerations, subject to our sole discretion.
2. New account payment options include credit card (domestic orders only), DPM check in advance of shipment, cash on delivery (COD), ACH, wire transfers (must include a $20 wire transfer fee in addition to invoice total), or Net 30 (with approved credit only). All international orders are required to wire transfer funds for payment prior to shipping, including all applicable wire fees. When prepaying, please add 15% for shipping and allow 3 weeks for check clearance (any additional shipping charges will be billed to you after shipping). The minimum reorder amount per resale/shipping location, per brand is $100. Orders will not be shipped to accounts that are past due.
3. All first-time orders will require pre-payment. We accept Visa, MasterCard, American Express and Discover. For your protection, all credit card orders will require completion of a Credit Card Authorization form. Credit terms may be granted at the discretion of DPM and only for established customers. In order to be considered for credit terms (Net 30), a Credit Application must be completed for credit reference and history review. Credit card payment will not be accepted as a form of payment at the end of a Net 30 transaction.
4. Past due accounts will be billed late charges of 1.5% per month (18% per annum). Accounts sent to collection will bear both the past due amount and collection fees. A $30 non-sufficient fund fee will be added to all returned checks. All orders are subject to the most current version of DPM credit policies and Terms and Conditions of Sale, found on the DPM website at www.dpmfragrance.com. All DPM products are sold for resale at retail cost only and may not be redistributed or resold at wholesale. International distributors must have prior approval from DPM to distribute products at wholesale.
5. Buyer’s shipping address is the sole site authorized for retail sale; any other location or alternate sales channels (including internet and catalog sales) must be pre-approved by DPM. No wholesale resale is allowed without a distributor contract in place. No sales outside of the country that your retail location is located in are allowed without prior written agreement at DPM’s sole discretion.
6. All sales are final. No unauthorized returns will be accepted. All returns must be pre-approved by DPM and are subject to a 20% restocking fee. All damages, shortages, etc. must be reported to DPM within 10 days of the invoice date. All packing materials must be saved, as claims will be referred to the freight carrier. If a customer uses their own UPS/FedEx number or arranges to pay for their own freight, the customer is liable for all freight damages and must file their own freight claims with the carrier. DPM Fragrance cannot file a claim for freight damages on behalf of the customer under these circumstances. Any credit or return authorization will be at our sole discretion. No cash refunds. We do not issue credit for faded candles.
7. Pricing and availability is subject to change at DPM’s discretion. Errors on order forms will be corrected prior to shipment. Due to product changes and updates, items shipped may differ from items shown in catalogs or showrooms. All burn times are approximate and will vary according to conditions and fragrances.
8. All orders are shipped by the most economical quality commercial carrier available, FOB Starkville, MS, at DPM’s sole discretion, unless otherwise specified. Product prices do not include shipping. Refused orders are subject to a 20% restocking fee.
We ship most in-stock items within 7 -14 days. Import products or those with imported components may have significantly longer lead times, which may be affected by circumstances beyond the control of DPM (weather, port delays, political turmoil, et al). You should receive your order 5 to 7 business days from shipment date (times may be longer in the summer as we ship to avoid melting). Shipments outside the United States may be subject to import charges and taxes which are the responsibility of the purchaser or recipient. We will notify you of any back orders as soon as possible. Shipping charges and terms are subject to change without notice.
C. Internet Policy
This is the policy of DPM with regards to the showcasing, selling, and quoting of prices for DPM’s products (the “Products”) via the Internet. The purpose of this policy is to ensure fair and equitable treatment for all of DPM’s retailers' (herein “Retailers”) marketing through this format.
1. DPM is not dictating the price of DPM’s Products that our Retailers quote, sell or advertise in a physical store location or in local marketing efforts. Retailers operating from a physical store location have complete freedom to set and determine the prices at which DPM’s Products are sold in their stores above the Current Minimum Advertised Price. This policy relates solely to the advertising and/or sale of DPM’s Products through or over the Internet.
2. DPM recognizes that the Internet and its role in commerce continually evolves, providing great opportunity for DPM and its authorized dealers to expand brand and product awareness. In furtherance of our commitment to our Retailers and the public, we have prepared the following Internet Policy to outline the criteria for use of our Products on the Internet.
3. DPM owns all Intellectual Property related to the Products. “Intellectual Property” means: (a) copyrights and any other rights to any form or medium of expression; (b) trade secrets, privacy rights, and any other protection for confidential information or ideas; (c) patents and patent applications; (d) any items, information or theories which are protectable or able to be registered under any copyright, patent, trade secret, confidentiality or other similar laws; (e) trademarks and trade names; and (f) any other similar rights or interests recognized by applicable law, associated with or of the Products.
a. Prior to advertising or promoting any Products using any Intellectual Property on any Web site, you must receive written approval from DPM. Only the Retailers which are approved and authorized by DPM to advertise and sell DPM’s Products on the Internet are permitted to advertise on Internet search engines or elsewhere on the Internet.
b. Approved Retailers will receive a non-exclusive license to use the Intellectual Property in connection with the promotion and marketing of the Products on their website. You acknowledge and agree that DPM owns and shall retain all ownership in the Intellectual Property. In seeking approval for any promotion or marketing on websites, the Intellectual Property usage must comply, at a minimum, with DPM’s guidelines regarding graphic appearance, trademark notices and with DPM’s standard marketing policies.
c. Except those otherwise approved by DPM, websites or listings containing or providing (via e-mail or other electronic communication) any specific Product pricing information will not be allowed. While DPM Retailers remain free to sell DPM Products at any price they choose above the Minimum Advertised Price, DPM requires only that these prices shall not appear on your websites or be communicated electronically unless specifically approved by DPM.
d. All hyper-linking from a Retailer’s website to DPM’s website must be approved by DPM.
e. Websites, which promote or market the Products or use the Intellectual Property in any way that disparages or injures DPM or our Products, in our sole discretion, will not be approved. Websites, which promote or market the Products or use the Intellectual Property in any illegal, deceptive, undesirable or improper retail practices, will not be approved.
4. Authorized Retailers who offer the Products for sale via the Internet agree not to advertise below DPM’s Minimum Advertised Prices. The Minimum Advertised Prices are published by DPM for the Products, and updated periodically. Dealers will be required to update their advertised prices accordingly and promptly within a commercially reasonable period of time. The current Minimum Advertised Price for any Product is equal to 2.00 times the standard wholesale dealer price on the current price list.
a. Retailers who are approved to show prices on the Internet are required to post prices on their website. “Call for Price” posting on any website is unacceptable. DPM reserves the right to monitor posted prices on the Retailer’s website(s) or other forms of advertising.
b. For the purpose of this policy, “advertised price” shall mean the dealer’s total Internet selling price, reduced by the wholesale invoiced value of any associated premium, rebate, discount, gift, and/or promotional item given away with the sale of the Products. The total advertised price, minus the wholesale invoiced value of any associated gift, etc., may not be less than the total of the stated Minimum Advertised Price. “Advertised price” excludes all shipping charges.
c. Each Retailer is responsible for and liable for any business conducted on its website(s) or otherwise, including, but not limited to, security, privacy, and inappropriate materials. Retailers shall indemnify, defend, and hold DPM harmless from any claims arising out of any materials presented on a Retailer’s website or otherwise.
d. This advertising policy covers advertising and related materials that are posted anywhere on an Internet website, including order entry/purchase order form, direct e-mail advertising and also advertising and related materials that are accessible through the website by means of a hyperlink.
e. Violation of the “Minimum Advertised Price” policy will result in a three (3) month suspension of orders and shipments of DPM’s Products for the first offense; and a termination of orders and shipments of DPM’s Products after a second violation
5. Authorized Retailers who offer the Products for sale via the Internet agree to ship all Products on their own accounts with transportation delivery service providers. The Retailer agrees to indemnify, defend and hold harmless DPM against any and all costs, claims and expenses that may arise or derive from the delivery service. The Retailer must ship all items using their own accounts with the transportation delivery services such that all billing for freight is sent and charged directly to the Retailer. DPM will not prepay and add freight charges to an invoice for any items sold via the Internet. The Retailer is solely responsible for handling all freight claims. DPM Fragrance does not drop ship directly to a customer's retail customer.
6. You acknowledge and agree that Web site approval process and this Internet Advertising Policy are not intended to be and shall not be construed to be a franchise or business opportunity under the laws or regulations of the United States or of any state.
7. You agree to indemnify, defend and hold harmless DPM from and against all costs, damages, claims (threatened or actual) and expenses (including, without limitation, reasonable attorney’s fees) which may arise or derive in any way from your website(s) or unauthorized use of the Intellectual Property on the website(s). You agree to indemnify, defend and hold harmless DPM from and against all costs, damages, claims (threatened or actual) and expenses (including, without limitation, reasonable attorney’s fees) which may arise or derive in any way from the Retailers selection of and provision of transportation of Product.
8. DPM always reserves the right to withdraw website(s) approval at any time for any reason or no reason at its sole discretion. Upon notice of approval revocation, you must immediately remove all Intellectual Property from the website(s).
9. DPM reserves the right to choose those retail accounts with which to do business and the right to accept or reject any purchase order from any account at any time. Any violation of this Internet Policy may result in DPM’s refusal to accept any purchase order from a retail account in the future in its sole discretion at any time.
10. Retailer agrees not to take deductions or offsets of any amounts against open balances owed to DPM, relative to products ordered as a result of internet sales. All returns of DPM product shall go to Retailer warehouse, where the independent contractor sales representative for DPM can schedule reviews of the products to determine whether they constitute valid product returns for internet orders. DPM will not accept returns, or issue credits, where: mistakes in the ordering process where made by the Retailer; loss or damages occurred any time after leaving DPM docks; or decline of acceptance by customer for any reason other than product defect, which must be certified by sales representative pursuant to a review at retailer warehouse.
10. Burn samples and testers are available to physical locations only. They are a sales tool to be used for the purpose their name implies – for customers to smell – and are not intended for resale. Given the costs associated with a physical location, this is a service that we offer to physical store locations only.
1. These Terms are governed by the laws of the State of Indiana without regard to the conflicts of law provisions thereof or the Convention on the International Sale of Goods, which shall not apply, and retailer submits to the jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania, and waives any objection to venue or based on forum non conveniens.
2. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof. The headings herein are for convenience of reference only and do not constitute part of the Terms or affect the meaning, construction or effect thereof.
3. Your order will only be accepted subject to your explicit acceptance of the DesirePath Mississippi LLC Terms and Conditions of Sale and Internet Policy and agree to all of the terms and conditions as set forth herein, and your placement of that order confirms that acceptance.
DPM Fragrance - Safety and Use Instructions
To extend the life and enjoyment of your candle: DPM Fragrance candles are made from the highest quality ingredients, and produce a soft, light and wonderful scent. For maximum life, we urge you to follow these simple instructions: At a minimum, burn 1 hour per inch in diameter. For best burn results always keep wick trimmed to ¼” throughout life of product. Do not drop debris, such as matches or wick trimmings, into the wax. DO NOT place or leave foreign debris in the candle, including matches and wick trimmings. These items may burn in addition to the wax once the flame reaches the bottom of the candle vessel.
Warning: For adult use only.
To prevent fire, keep any burning candle within sight. Keep out of reach of children and pets. Never burn a candle near anything that can catch fire. Burn only on a stable and heat-resistant surface. All non-container candles must be burned in an appropriate container. Do not burn on a heat-absorbing surface like glass, marble, or granite. To prevent container breakage or molded candle spill-over, discontinue use when wax is ½” from bottom. Keep out of drafts and keep wick trimmed or the candle will smoke. If flame becomes too large, extinguish the candle and trim the wick to 1/4". We cannot be held responsible for damage caused by soot, smoke or fire. Do not touch, move or trim candle while hot. Always remove all packaging from candle and candle from all packaging before lighting. No matter how good they smell, candles are not edible! Please respect the fact that candles create their beauty using fire; burn carefully and enjoy!
Notice Regarding Wicks
In order to eliminate any concern or confusion on the part of our guests and consumers in general, DPM Fragrance would like to assure you that none of the products produced by our company use lead wicks. All of our candle products are manufactured with coreless, zinc-core or paper-core braided cotton wicks that are free from lead and completely safe according to The National Candle Association. At DPM, we care about the health and well-being of our customers. We are committed to producing high quality candle products that can be enjoyed safely.