TERMS AND CONDITIONS APPLICABLE TO TRANSACTIONS WITH GIFTCRAFT INC. AND/OR GIFTCRAFT LTD
Each individual signer certifies that he or she is an authorized representative of the applicant with the authority to enter into contractual agreements to borrow money. Furthermore, each individual signer certifies, on behalf of the applicant, that such company (if applicable) is a valid business entity and that the information provided is accurate and complete.
The applicant agrees that each purchase completed upon open account credit will be deemed subject to Giftcraft Inc. /Ltd. terms and conditions. The merchandise purchased on each order is for resale only and is not for personal, family or household purposes.
The applicant agrees that it has the financial ability and willingness to pay for all invoices in accordance with the terms established. A finance charge of 1.5% per month will apply for delinquent accounts. In the event this account is placed with an attorney or collection agency, the applicant agrees to pay all costs of collection, including reasonable legal fees & costs; these fees shall be paid regardless of whether a suit is brought or not & any outstanding balance will accrue interest at the maximum legal rate.
Each individual signer, on behalf of himself, herself and the applicant, authorizes Giftcraft Inc., Giftcraft Ltd. or any of their affiliates, agents or assigns to investigate the references listed pertaining to his, her or the applicant's credit and financial responsibility to obtain information from the references listed and to obtain a consumer credit report that will be ongoing and relate not only to the evaluation and/or extension of the business credit requested, but also for purposes of reviewing the account, taking collection on the account and for any other legitimate purpose associated with the account as may be needed from time to time.
Upon request, any authorizing individual will be informed whether or not a consumer credit report was requested with respect to that individual, and if so, of the name and address of the consumer reporting agency that furnished the report. Each individual signer, on behalf of himself, herself and the applicant, further waives any right or claim which such individual would otherwise have under the Fair Credit Reporting Act in the absence of this continuing consent.
NOTE - To increase the likelihood of approval, individuals owning more than 10% of an applicant or, in the case of individual applicants, such individuals, may be required to execute personal guarantees. Additional guarantees may be requested if the credit of the applicant and the authorized signers and other guarantors is insufficient to support the proposed borrowing.
ECOA NOTICE (TO BE RETAINED BY APPLICANT): Thank you for your credit application. If your application for credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact us within 60 days from the date you are notified of the decision. We will send you a written statement of the reasons for the denial within 30 days from receiving your request. NOTICE: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
USA/CAN Standard Terms & Conditions:
New account: US/CDN$250
Minimum back-order: US$100/CDN$100
New accounts must complete the “Customer Profile Form” and supply bank and trade references and sales tax information as appropriate.
Freight: is calculated on flat rate shipping based on order value. FOB Tonawanda, NY (USA) or Brampton, ON (CDA). If shipping collect, Giftcraft requires the account number for the selected carrier.
Charlie Paige TM Charlie Paige line items will ship FOB Seattle, Washington. Given the multiple releases of this product backorders must be accepted. At our discretion freight is capped at 10%.. Freight charges are FOB Seattle, Washington.
Net 30 days from invoice date upon credit approval unless otherwise arranged directly with Giftcraft Credit department in advance. Until credit is established, all shipments must be prepaid by credit card (VISA, MASTERCARD or AMEX) or check (shipment held for 10 days from check deposit date).
Items temporarily out of stock will be placed on back order or cancelled at Giftcraft's option unless otherwise specified on the order. Shipping dates are approximate based on stock availability.
No returns without prior authorization from Giftcraft. Merchandise should be inspected immediately upon receipt and claims made directly with Giftcraft Customer Service.
Our ultimate goal is for you to be completely satisfied with your purchase from Giftcraft. All of these policies can be further clarified by calling our Customer Service Team at 1-877-387-9777 or visiting our website at www.giftcraft.com.
NOTE: When contacting our customer service team, please have the following information available: Order or order confirmation number and Account Code.
Order Confirmation Policy:
Giftcraft will confirm all orders by assigning an order confirmation number. Once the order confirmation number has been assigned, Giftcraft will email (preferred method) or fax a copy of the confirmed order to the customer. Once this confirmation has been sent to the customer, the order is placed into our system and no changes or modifications will be made without following the process below.
Prices are subject to change at any time without prior notification.
At Once Orders:
Please contact our customer service team immediately (same day the order confirmation is received).
Future Dated Orders:
Please contact our customer service team at least fifteen (15) days prior to the required date shown on your order confirmation. A new order confirmation will be sent to you via email or fax for revised orders. An order cancellation number will be given if complete order is cancelled.
Please note that all refused orders that have been confirmed will be subject to a 15 % re-stocking fee plus all freight costs for delivery and return of the shipment.
Delivery Damages and Shorts Policy
Please inspect all cartons immediately upon receipt. It is the customer's responsibility to identify and document all product damages and shortages upon receipt of the delivery.
Please count all of the boxes received. If you have boxes that are missing, please make note of this on your delivery receipt and ensure that the delivery driver acknowledges the discrepancies. Please do not sign the driver's bill of lading or POD without counting your boxes. It is not sufficient to count only skids. Box counts must be confirmed.
If you have boxes that are visibly damaged please make note of this on your delivery receipt and ensure that the delivery driver acknowledges the discrepancies. Please do not sign the driver's bill of lading or POD without inspecting your boxes.
Claims for short shipments and damages will not be accepted if the bill of lading or POD has been signed as arriving complete and in acceptable condition. Please notify our customer service team within five (5) days of receipt.
If the product is refused, please note the refusal on the delivery receipt and ensure the delivery driver acknowledges and takes back the damaged product.
Concealed Damage, Shortages and Quality Issues Policy
It is the customer's responsibility to inspect all merchandise upon receipt. Any concealed damages, shortages or quality related issues for non-seasonal merchandise, must be reported to Giftcraft within thirty (30) business days, sixty (60) business days for seasonal merchandise, from receipt of your order. If required our customer service team will provide you with detailed instructions on how to return your merchandise for an exchange, refund or credit. All returns must be in original packaging and boxes.
Order Cancellation Policy
For At Once Orders:
The customer must notify Giftcraft upon receipt of the order confirmation (Prior to Shipping) that the order is no longer required. Under these conditions the order will be cancelled. A cancellation number will be provided.
All orders that are recalled from the field after the Order Has Been Shipped will be subject to re-stocking fees (15%) as well as freight costs to ship and return the order. Return of the order is subject to Giftcraft's approval.
Future Dated Orders:
The customer must notify Giftcraft at least 15 days prior to the required ship date on the order confirmation. Our customer service team will confirm your cancellation request. Orders that have been shipped will be subject to re-stocking fees (15%) as well as freight costs to ship and return the product.
Excusable Delivery Delays
Delays in delivery shall be excused when caused, directly or indirectly, by strikes, wars, lockouts, accidents, terrorism, insurrection, riots, fires, floods or other natural disasters, delays of manufacturer or carrier, acts of God, embargoes, or governmental action or any other cause beyond the reasonable control of Giftcraft, whether the same as, or different from, the matters and things hereinbefore specifically enumerated, and if for such reasons, Giftcraft is unable to make delivery within a reasonable time after the time stipulated for delivery, Giftcraft, may at its option, cancel any purchase order by Customer without liability, except for return of the amounts paid under such purchase order.
Disclaimer of Warranties
Giftcraft makes no warranties whatsoever with respect to any products or services provided by Giftcraft, express or implied, including any warranty of merchantability, value, condition, quality, design, capacity, material workmanship, fitness or suitability for any purpose or use and, as between customer and Giftcraft, customer takes any products "as is" and with all faults or defects, and all risk, as between customer and Giftcraft shall be borne by customer, at customer's expense.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, any purchase order or any other agreement between the parties, Giftcraft will not be liable to customer or any party for any loss or damage to revenues, profits, other economic loss or goodwill or other special, incidental, indirect, punitive or consequential damages of any kind, arising out of, relating to or in connection with these terms, any purchase order, any other agreement or the transactions contemplated thereby, whether resulting from breach of contract, breach of warranty, negligence, strict liability, tort or other legal theory, even if Giftcraft has been advised, knows or should have known of the possibility of such damages.
Unless otherwise stated, the quoted prices do not include applicable state or federal sales, use, or similar taxes, which shall be paid by the Customer or, in lieu thereof, Customer shall provide the Giftcraft with a tax-exemption certificate acceptable to the taxing authorities. From and after the transfer of possession of the Products to Customer, Customer shall timely pay all taxes or other charges assessed by any public body against same.
These terms and conditions and the application to which these terms and conditions are attached shall be governed by and construed in accordance with laws of the State of New York for Giftcraft Inc. and the Province of Ontario for Giftcraft Ltd. without regard to the conflicts of law principles thereof.
If any provision or application of these terms and conditions or any other agreement between Giftcraft and Customer shall be held invalid, illegal or unenforceable in whole or in part, the remaining provisions and applications of these terms and conditions or any other agreement shall not be affected, and shall remain valid and enforceable.
In the event of a conflict between these terms and conditions and any other agreement between the parties, the terms of these terms and conditions shall control.
CANADA: Giftcraft Ltd, 8550 Airport Road, Brampton, ON, L6T 5A3 – T: 905-790-2000 or 800-387-1777
USA: Giftcraft Inc., PO Box 1270, Grand Island, NY, 14072-8270 – T: 877-387-4888