TERMS & CONDITIONS

By submitting an order to PunkinFutz for the purchase of products, you agree that each order will be subject to and in all respects governed by the terms and conditions of sale in effect at the time the order is submitted.


Orders

All orders submitted are subject to acceptance by PunkinFutz. The preparation of a purchase order by a sales representative of PunkinFutz, the submission by you of a purchase order, or the acknowledgement by PunkinFutz of receipt of a purchase order shall not constitute PunkinFutz’s acceptance of that order.

Order Minimums

Opening order for a new account: $250
Reorder for an established account: $150
It is suggested that a credit card be used for an initial purchase, so as not to delay processing.

Pricing

PunkinFutz will provide you with a written price list. Products must be sold at or above manufacturer's suggested retail price (MSRP), as provided by PunkinFutz from time to time. You may occasionally offer your customers a promotion and charge less than our retail price for the product (so long as you clearly indicate that the product is on sale). You cannot sell our products for less than the wholesale price.

Payment Terms

We accept Visa, Mastercard, American Express and PayPal. Terms can be established with pre-approved credit. If you wish to establish terms, please contact Wholesale@punkinfutz.com for the necessary application. Invoices are payable NET 30 from shipping date for all customers with approved credit.

Shipping

At this time, PunkinFutz only ships domestically within the United States. For foreign wholesale orders, please contact Wholesale@punkinfutz.com to make individual arrangements. All shipping is ground freight UPS or FedEx FOB shipping point from Brooklyn, NY. In-stock wholesale orders typically ship in 3-5 business days. For new or back-ordered products, a projected ship date will be provided prior to the completion of the transaction. Individual shipping arrangements can also be made by contacting Wholesale@punkinfutz.com.

Return Policy

Product that was shipped in accordance with the specifications in the order is not returnable. Please examine your order upon receipt. If your order is not correct, please contact our customer service department at HelpMe@punkinfutz.com immediately. 15 days after receipt, an order shall be deemed accepted in full. Claims for damages in transit must be made to the carrier. PunkinFutz is not responsible for damage in transit.

Liability

PunkinFutz does not assume responsibility for product usage nor for independent claims made by the retailer related to the product. PunkinFutz liability shall not exceed the wholesale cost of the shipment for any indirect, consequential or incidental damages.

NEITHER PUNKINFUTZ NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “PUNKINFUTZ PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PUNKINFUTZ PRODUCTS. PUNKINFUTZ’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT.

Photos

You are encouraged to have our products professionally photographed. PunkinFutz will provide product images on a plain white background upon request, but not lifestyle shots of the products in use. You may use our product photos, which are protected by copyright, as provided, but may not use our website shots, as they are under a separate child model licensing agreement. The product images can only be used to market our products. Images cannot be used on your website as banner images unless our product is named and featured alongside the image.

Retail Sales

Unless otherwise authorized in writing by PunkinFutz, you may only sell products under your store name at your physical store location or through your store website. To clarify, you will not engage in internet sales through third party websites without PunkinFutz’s prior written approval.

Publicity Restrictions

You cannot issue external press releases or publicity releases mentioning PunkinFutz without PunkinFutz’s prior written approval. You will immediately notify us in writing if you receive a request from any third party for an interview or statement about PunkinFutz or our products and will not answer questions or give statements without PunkinFutz’s approval.