Best Gift Baskets

National Gift provides 100's of wholesale gift baskets, fine candy, beautiful flowers and other products to resell on your website, FREE! As a leading wholesale gift basket dropshipper, candy dropshipper, flower dropshipper and supplier of other wholesale products to resell, we add your company information and logo to all packages so your customer stays loyal to you.

 

 

 

 

 

 

Retailer Agreement

 

This Retailer Agreement (hereinafter, the Contract), effective and binding immediately upon submission of the Retail Setup Form, is digitally signed by Merchant and entered into between HapCaps.com. dba NationalGift.com, hereinafter referred to as Company, and you and your company, hereinafter referred to as Merchant.

Merchant Statement of Qualification: Merchant hereby warrants that it is a properly licensed retail business located in the United States and that it will furnish a valid Social Security Number or Tax ID Number within ten (10) days of the effective dates of this contract.
No Other Representations: Merchant hereby attests that it has independently evaluated the desirability of participating in Company's Drop Ship Program and is not relying on any representation, guarantee or statement other than what is set forth in this contract and the Terms of Use and the Privacy Policy posted on the NationalGift.com website.
Participation: In its sole discretion, Company shall have the right to deny participation to any applicant requesting membership in the Drop Ship Program for any reason. Product Pricing: Company agrees to sell its products to Merchant at a wholesale discount up to 50% off the Suggested Retail Price. Suggested Retail Price is a subjective price based on Company's experience with similar products sold on the Internet. Merchant understands that it can resell products at any price, either above or below Company's Suggested Retail Price.
Company Policy Regarding Marketing to Merchant's Customers: Company will not market to Merchant's customers in an attempt to have them purchase directly. Company may from time to time contact Merchant's customer to handle issues related to delivery, gift messages or other routine processing matters. Additionally, Company may place a blind return address on all outgoing boxes, but will not knowingly include any marketing materials or other solicitation in an effort to have customer contact Company directly for the purpose of purchasing product or becoming a Merchant.
Term: Merchant and Company agree that the term of the contract shall commence on the Effective Date and shall continue for a period of twelve (12) months, and will automatically renew for a subsequent term if no notice of cancellation or a notice of non-renewal is not received in writing from either party thirty (30) days prior to the expiration of the original term.
Notices: Notices shall be in writing to the address submitted via the online Retail Setup Form, for Merchant; and 9975 Wadsworth Pkwy
Unit K-2, Box 253
Westminster, CO 80021, or by fax to 1-888-658-8714, for Company.
Modifications to Contract: Company may from time to time modify the terms of this Contract (and other documents referenced and incorporated herein) by posting them on the NationalGift.com website. Continued participation in the program, use of website, or placing of orders by Merchant shall constitute acceptance of the modifications to this Contract. Company and Merchant may also modify this contract by mutual agreement in writing or upon submission of an electronic document digitally signed with a third party service such as Signature Link.
Use of Company's Product Images: Merchant desires to sell and promote the products offered by Company and Company hereby grants Merchant a non-exclusive, limited license to use its product images, product descriptions and other marketing materials that may be provided either directly to Merchant or via the NationalGift.com website. Merchant hereby agrees not to sell, convey or otherwise distribute any images, descriptions or marketing materials owned by Company unless it is for the express
purpose of promoting the products or services of NationalGift.com. No Merchant shall represent that they are a wholesaler or charge their customers or members a monthly fee or minimum purchase requirement to have access to Company's products. Upon termination of this agreement for any reason, Merchant agrees to remove all images and descriptions from any website(s) or marketing materials and to destroy or delete any remaining copies in Merchant's possession.
Use of Merchant's Logo and Store Name: In order for Company to create customized packing materials, Merchant hereby grants Company an all inclusive license to use its logo or a likeness of its logo on the packing materials, gift message, boxes, website, emails or other documents shipped with an order or on Company's website. Company will make a reasonable attempt to provide a mechanism for Merchant to use to upload its logo and company address to be displayed on the packing materials with each shipment. Company will not be required to re-ship, replace or reimburse Merchant for orders in the event this information is not included in shipments either by omission of Company or Merchant.
Order Processing: At the time of submission of the Retail Setup Form (Effective Date) Company's system created an account accessible via a login name and password (Login Credentials) for Merchant. Merchant agrees to maintain Login Credentials in a safe and secure place and not allow any person other than the individual executing this contract to login into Merchant's account. To place an order from Company, Merchant will select the desired product(s) on the NationalGift.com website, enter the desired shipping method, ship date, shipping address and then enter a gift message, if desired. After entering a valid payment method and the payment is processed, Company or Companys designated shipping carrier will ship the order. Company will make its best efforts to update Merchants order history and tracking information (if available from carrier) on the site by 5:00 PM Mountain Time every business day for all shipments.
Order Cutoff Time: In order for Company to process shipments in a timely fashion and coordinate with its shipping carriers, it is necessary to establish a cut-off time for orders. Any orders received (and scheduled to ship) before the cutoff time of 2:00 pm Eastern Time will be scheduled for shipment on the current business day; and any orders received after the cutoff time of 2:00 pm Eastern Time will be shipped on a subsequent business day.
Order Payment: In order to pay for orders or any other fees due to Company, Merchant agrees to only use a credit card or PayPal account on which Merchant is an authorized cardholder or accountholder. Merchant agrees to pay all product costs, shipping and applicable taxes at the time of order by using a valid payment method as indicated on the NationalGift.com website. If for any reason the payment to Company is declined by a credit card processor or PayPal, or otherwise not authorized by Merchant's Bank, it is agreed that Company will not ship orders for Merchant until Merchant provides a valid payment method and Company obtains payment. If payment has not been obtained, as of the Order Cutoff Time of 2:00 pm Eastern Time Company shall cancel Merchant's orders. Company may make reasonable attempts to contact Merchant, but is not obligated to do so whenever a payment is declined or orders are canceled for non-payment.
Shipping and Delivery: Merchant shall choose at the time of purchase, the shipping method desired for each shipment. No delivery date is guaranteed unless the Next Day or 2nd Day shipment method is chosen by Merchant, however Company will use its best efforts to deliver on or near the 'Expected Delivery Date' chosen at the time the order was placed for all orders. If Merchant selects Next Day or 2nd Day shipment options and Company is not able to deliver on the "expected delivery date', then a Courtesy Shipping Credit may be issued. Merchant understands that company does not ship on Friday for Saturday delivery for any product, nor does it ship on Friday for Monday delivery of any floral or heat sensitive product.
Choice of Shipping Carrier and Method: When Merchant chooses a shipping option at NationalGift.com, Merchants item may be shipped ground, air, express courier, or any other commercial method that is available to Company that will accomplish the desired delivery time. Company will frequently use a land-based shipping method for Next Day or 2nd Day shipping when it is geographically near Companys distribution center(s). If for any reason a shipment is not delivered on time, Company may offer Merchant
a Courtesy Shipping Credit. Company primarily uses UPS to ship packages, however Company will often use USPS, DHL, Federal Express or other method when it is economically feasible to do so. Company tries to keep its costs as low as possible so Company can charge Merchant less for the products.
Courtesy Shipping Credit: In the event Company fails to ship a product on time or it fails to arrive on time, a credit of $25 for Next Day and 2nd Day shipments; and a credit of $10 for all other shipping methods may be issued to the Merchant's credit card or PayPal account used to pay for the initial shipment. This shall be the sole remedy for missed or delayed shipping dates or missed delivery dates and must be requested by Merchant within ten (10) days of the original order's shipping date. The courtesy shipping credit does not apply to Bulk Orders since bulk orders require longer-than-normal lead times and may require special shipping arrangements.
Substitutions: Company will use its best efforts to supply products as represented on the NationalGift.com website, however Company may have to substitute ingredients, packing materials, containers, decorations or other items when necessary to fill an order for a product. Company will not be required to make an adjustment in price for Merchant or for Merchant's customer or to communicate substitutions. Company will attempt to use a higher value item or items when it is necessary to substitute.
Allergy Disclaimer: Merchant hereby acknowledges that Company uses nuts, fruit, and grain and milk products in its gift products. In many cases, products are processed using the same equipment and it is not possible to ensure that traces of various nuts, milk products, grains or fruit will not be in packages labeled otherwise. Therefore Merchant agrees to post the following warning prominently on their website and in marketing materials. Merchant agrees to indemnify Company in the event of any allergic reactions to goods and/or products by Merchant's customers or recipients.
Warning: While our suppliers make every effort to ensure that only the ingredients shown are included in your gift, it is very likely that your gift ingredients may have been processed using equipment that has traces of a variety of nut, fruit, grain or dairy products. If your potential recipient or others that might consume the gifts are highly allergic to common food products, for their safety, we highly recommend that you order one of our non-food gifts.
Website Availability & Security: Company agrees to maintain its website, NationalGift.com, in a commercially responsible manner. Best efforts will be used to have said website available 24 hours a day, however Merchant agrees that the liability of Company to Merchant for a site outage or downtime shall not exceed Merchant's average monthly sales divided by the hours in the current month, multiplied by the hours of outage. Also, Company agrees to use its best efforts to keep Merchant's credit card and personal information secure, however it is agreed that in the event of any breach of security, Company's liability to Merchant or Merchant's bank, credit card processor, or PayPal shall not exceed $100 per account record.
Authorization To Bill Merchant's Credit Card For Any Fees, Purchases or Services: Merchant authorizes Company to charge the credit card furnished via the Retail Signup Form or any credit card furnished at any time to purchase products or services on the NationalGift.com website, for any fees, interest, charges or ChargeBacks due to Company under this contract. Company accepts Visa, MasterCard, Discover, American Express and PayPal. Merchant expressly authorizes and directs Company to use any credit card or PayPal account ever used in connection with any order placed on the NationalGift.com website for any fees, interest, charges or ChargeBacks in the event Merchant's primary payment method on file is declined for any reason. Decline of any supplied credit card for any amounts due from Merchant may result in the loss of Merchant's wholesale discount and may result in collection action against Merchant by Company if any amounts due to Company remain unpaid for more than thirty (30) days. Merchant hereby authorizes Company to attempt re-billing at various intervals for a period of up to ninety (90) days of any the primary credit card or of any of Merchant's credit cards used in connection with any purchase, service or fee, until all fees are paid. Merchant agrees that a $10 fee will be assessed for any merchant credit card declines.
Sales Taxes: Company is domiciled and has offices in the State of Colorado and is obligated to collect State sales taxes whenever an ordered product is delivered to a Colorado address. Company is not obligated to determine whether sales tax applies to state or local taxes for any order shipped to any location other than the State of Colorado. Merchant agrees to maintain a valid Social Security number or Federal Tax Id on file with Company at all times.
Order Cancellations: Merchant is not able to alter or cancel an order once it is placed on the NationalGift.com website. Merchant may be able to contact Company by phone or email prior to the Order Cutoff Time on the shipping date and request cancellation of the original order, however, Company does not offer this service and does not warrant that an employee will be available to perform such service. If Merchant is successful in having Company cancel the original order, a new order may be placed by Merchant on the website, however it must be placed prior to the Order Cutoff Time on the expected shipping date. Company will use its best efforts to fulfill every order placed by Merchant, however reserves the right to cancel any order for any reason. In the event Company cancels and order, it will attempt to immediately notify Merchant and will promptly refund any monies paid by Merchant.
Address Corrections: An Address Correction Fee of $10.00 will be charged to Merchant's payment method on file to offset the costs assessed by shipping carrier(s) for correcting and rerouting a shipment with an incorrect address. An Address Correction Fee is assessed whenever Merchant enters an incorrect street address for an order where there is a discrepancy from the address of record shown in the US Postal Service records or in the records of the shipping carrier. Address Correction fees are assessed within ten (10) to thirty (30) days after the shipment date when the Company is notified of the event by the shipping carrier(s).
Return Policy: Company will honor returns to its Returns Center for up to fifteen (15) days from the original shipment date during which time Merchant or Merchant's customer can return a gift for any reason. All returns must be sent to "Returns Center, 9975 Wadsworth Pkwy
Unit K-2, Box 253 Westminster, CO 80021 at Merchant's or Merchant customer's expense. A return credit for product cost (less shipping) will be issued within fifteen (15) days of receipt in the Returns Center to the credit card or PayPal Account used for the original purchase. For Returns caused by delivery attempts to bad addresses, shipments refused by the recipient, or that are undeliverable for any reason other than errors attributed to Company, there will be a $20.00 minimum charge per order deducted from the refund credit to be issued to Merchant.
Damaged Product Adjustment: In order to handle claims of damage to an ingredient, container or other component of a gift, Company has established a policy of issuing a rapid credit of up to 20% of the original product cost to Merchant. In order to receive this credit for a damaged product, Merchant must contact Company by email, fax or in writing within ten (10) days of the original shipment date of the order. Merchant may either request an immediate credit of 20% of the product cost or may request full reimbursement of the product cost by requesting that Company file a 'Damaged Goods Claim' with the shipping carrier. Company will only reimburse Merchant upon receiving funds from a successful claim against the carrier.
Goodwill Adjustment: Company has a Returns Policy, Damaged Product Adjustment Policy and Courtesy Shipping Credit Policy, which govern adjustments for concerns about product quality or quality of service. Goodwill adjustments in the form of credit to a Merchant if a customer is dissatisfied with a product or service will only be handled under one of these three policies.
Minimum Purchase Requirement: Merchant agrees that in the event Merchant fails to order more than ninety-nine ($99) dollars worth of product at wholesale prices from the NationalGift.com website each month, starting on the first full month and for every month thereafter, forty-nine dollars shall be due Merchant hereby authorized a charge for the amount to be charged to the credit card on file. For example, if Merchant only ordered thirty-nine dollars worth of product in a month, then forty-nine dollars would be due and charged to the credit card on file. In the event the credit card on file is declined for any reason, Merchant authorizes Company to use any credit card used by Merchant for previous product
purchases with a $10 decline fee to be assessed with the balance due. In the event of a pending termination of this contract, the minimum purchase requirement amount(s) due will be charged up to the final termination date.
Bulk Orders: Merchant agrees that any order for the shipment of more than 10 items will be ordered from the Wholesale/Bulk section of the NationalGift.com website or will be subject to a longer lead time than the stated shipping dates on the website.
Termination: Either party may terminate the contract by providing thirty (30) days written notice of their intent to cancel to the other party by regular mail or fax to the current address for receipt of Notices. All terms of this contract and payment obligations will remain in full force and effect until the actual termination date. Any verbal or email request for termination or cancellation of this contract is not considered an acceptable notice and does not change the terms or term of this contract. Proof of notice shall consist of either a fax transmittal confirmation or proof of mailing.
If merchants account is cancelled without giving thirty (30) days written notice, a $49 cancellation fee will be assessed with any existing balances due.
Collections of Unpaid Balances: Merchant agrees to pay all balances when due for any product payment, minimum purchase requirements or other fees due under this contract. Failure to pay any balance when due may result in Company taking further collection action or legal action. Company shall have the right to pursue any legal action or to turn over any unpaid balance to its collection agency(s) or attorney(s). Merchant also understands and agrees that Company shall have the right to report directly or through its assigned attorney or collection agency to the major U.S. credit bureaus any unpaid balance and the delinquent status.
Ownership and Use of Intellectual Property: Merchant shall grant to Company the right to use, redistribute, publish, patent, trademark or otherwise claim ownership of any product idea, marketing tactic, email communication or other design furnished to Company by Merchant. This shall include the publishing of all or part of emails as testimonials or any other legal use by Company in marketing materials or as postings to any website. This provision shall survive termination of this Contract.
Venue: If legal action is brought against any party to this contract, venue will be Colorado.
Severability: If any provision or section of this contract shall be deemed unlawful, void, or for any reason unenforceable, then that provision or section shall be deemed severable from this contract or the incorporated documents referenced on the NationalGift.com website and shall not affect the validity and enforceability of any remaining provisions.
--- Revised August 11, 2011

 

This Retailer Agreement (hereinafter, the Contract), effective and binding immediately upon submission of the Retail Setup Form, is digitally signed by Merchant and entered into between HapCaps.com. dba NationalGift.com, hereinafter referred to as Company, and you and your company, hereinafter referred to as Merchant.

 

Merchant Statement of Qualification: Merchant hereby warrants that it is a properly licensed retail business located in the United States and that it will furnish a valid Social Security Number or Tax ID Number within ten (10) days of the effective dates of this contract.

 

No Other Representations: Merchant hereby attests that it has independently evaluated the desirability of participating in Company's Drop Ship Program and is not relying on any representation, guarantee or statement other than what is set forth in this contract and the Terms of Use and the Privacy Policy posted on the NationalGift.com website.

 

Participation: In its sole discretion, Company shall have the right to deny participation to any applicant requesting membership in the Drop Ship Program for any reason. Product Pricing: Company agrees to sell its products to Merchant at a wholesale discount up to 50% off the Suggested Retail Price. Suggested Retail Price is a subjective price based on Company's experience with similar products sold on the Internet. Merchant understands that it can resell products at any price, either above or below Company's Suggested Retail Price.

 

Company Policy Regarding Marketing to Merchant's Customers: Company will not market to Merchant's customers in an attempt to have them purchase directly. Company may from time to time contact Merchant's customer to handle issues related to delivery, gift messages or other routine processing matters. Additionally, Company may place a blind return address on all outgoing boxes, but will not knowingly include any marketing materials or other solicitation in an effort to have customer contact Company directly for the purpose of purchasing product or becoming a Merchant.

 

Term: Merchant and Company agree that the term of the contract shall commence on the Effective Date and shall continue for a period of twelve (12) months, and will automatically renew for a subsequent term if no notice of cancellation or a notice of non-renewal is not received in writing from either party thirty (30) days prior to the expiration of the original term.

 

Notices: Notices shall be in writing to the address submitted via the online Retail Setup Form, for Merchant; and 9975 Wadsworth Pkwy

Unit K-2, Box 253

Westminster, CO 80021, or by fax to 1-888-658-8714, for Company.

 

Modifications to Contract: Company may from time to time modify the terms of this Contract (and other documents referenced and incorporated herein) by posting them on the NationalGift.com website. Continued participation in the program, use of website, or placing of orders by Merchant shall constitute acceptance of the modifications to this Contract. Company and Merchant may also modify this contract by mutual agreement in writing or upon submission of an electronic document digitally signed with a third party service such as Signature Link.

 

Use of Company's Product Images: Merchant desires to sell and promote the products offered by Company and Company hereby grants Merchant a non-exclusive, limited license to use its product images, product descriptions and other marketing materials that may be provided either directly to Merchant or via the NationalGift.com website. Merchant hereby agrees not to sell, convey or otherwise distribute any images, descriptions or marketing materials owned by Company unless it is for the express

 

purpose of promoting the products or services of NationalGift.com. No Merchant shall represent that they are a wholesaler or charge their customers or members a monthly fee or minimum purchase requirement to have access to Company's products. Upon termination of this agreement for any reason, Merchant agrees to remove all images and descriptions from any website(s) or marketing materials and to destroy or delete any remaining copies in Merchant's possession.

 

Use of Merchant's Logo and Store Name: In order for Company to create customized packing materials, Merchant hereby grants Company an all inclusive license to use its logo or a likeness of its logo on the packing materials, gift message, boxes, website, emails or other documents shipped with an order or on Company's website. Company will make a reasonable attempt to provide a mechanism for Merchant to use to upload its logo and company address to be displayed on the packing materials with each shipment. Company will not be required to re-ship, replace or reimburse Merchant for orders in the event this information is not included in shipments either by omission of Company or Merchant.

 

Order Processing: At the time of submission of the Retail Setup Form (Effective Date) Company's system created an account accessible via a login name and password (Login Credentials) for Merchant. Merchant agrees to maintain Login Credentials in a safe and secure place and not allow any person other than the individual executing this contract to login into Merchant's account. To place an order from Company, Merchant will select the desired product(s) on the NationalGift.com website, enter the desired shipping method, ship date, shipping address and then enter a gift message, if desired. After entering a valid payment method and the payment is processed, Company or Companys designated shipping carrier will ship the order. Company will make its best efforts to update Merchants order history and tracking information (if available from carrier) on the site by 5:00 PM Mountain Time every business day for all shipments.

 

Order Cutoff Time: In order for Company to process shipments in a timely fashion and coordinate with its shipping carriers, it is necessary to establish a cut-off time for orders. Any orders received (and scheduled to ship) before the cutoff time of 2:00 pm Eastern Time will be scheduled for shipment on the current business day; and any orders received after the cutoff time of 2:00 pm Eastern Time will be shipped on a subsequent business day.

 

Order Payment: In order to pay for orders or any other fees due to Company, Merchant agrees to only use a credit card or PayPal account on which Merchant is an authorized cardholder or accountholder. Merchant agrees to pay all product costs, shipping and applicable taxes at the time of order by using a valid payment method as indicated on the NationalGift.com website. If for any reason the payment to Company is declined by a credit card processor or PayPal, or otherwise not authorized by Merchant's Bank, it is agreed that Company will not ship orders for Merchant until Merchant provides a valid payment method and Company obtains payment. If payment has not been obtained, as of the Order Cutoff Time of 2:00 pm Eastern Time Company shall cancel Merchant's orders. Company may make reasonable attempts to contact Merchant, but is not obligated to do so whenever a payment is declined or orders are canceled for non-payment.

 

Shipping and Delivery: Merchant shall choose at the time of purchase, the shipping method desired for each shipment. No delivery date is guaranteed unless the Next Day or 2nd Day shipment method is chosen by Merchant, however Company will use its best efforts to deliver on or near the 'Expected Delivery Date' chosen at the time the order was placed for all orders. If Merchant selects Next Day or 2nd Day shipment options and Company is not able to deliver on the "expected delivery date', then a Courtesy Shipping Credit may be issued. Merchant understands that company does not ship on Friday for Saturday delivery for any product, nor does it ship on Friday for Monday delivery of any floral or heat sensitive product.

 

Choice of Shipping Carrier and Method: When Merchant chooses a shipping option at NationalGift.com, Merchants item may be shipped ground, air, express courier, or any other commercial method that is available to Company that will accomplish the desired delivery time. Company will frequently use a land-based shipping method for Next Day or 2nd Day shipping when it is geographically near Companys distribution center(s). If for any reason a shipment is not delivered on time, Company may offer Merchant

 

a Courtesy Shipping Credit. Company primarily uses UPS to ship packages, however Company will often use USPS, DHL, Federal Express or other method when it is economically feasible to do so. Company tries to keep its costs as low as possible so Company can charge Merchant less for the products.

 

Courtesy Shipping Credit: In the event Company fails to ship a product on time or it fails to arrive on time, a credit of $25 for Next Day and 2nd Day shipments; and a credit of $10 for all other shipping methods may be issued to the Merchant's credit card or PayPal account used to pay for the initial shipment. This shall be the sole remedy for missed or delayed shipping dates or missed delivery dates and must be requested by Merchant within ten (10) days of the original order's shipping date. The courtesy shipping credit does not apply to Bulk Orders since bulk orders require longer-than-normal lead times and may require special shipping arrangements.

 

Substitutions: Company will use its best efforts to supply products as represented on the NationalGift.com website, however Company may have to substitute ingredients, packing materials, containers, decorations or other items when necessary to fill an order for a product. Company will not be required to make an adjustment in price for Merchant or for Merchant's customer or to communicate substitutions. Company will attempt to use a higher value item or items when it is necessary to substitute.

 

Allergy Disclaimer: Merchant hereby acknowledges that Company uses nuts, fruit, and grain and milk products in its gift products. In many cases, products are processed using the same equipment and it is not possible to ensure that traces of various nuts, milk products, grains or fruit will not be in packages labeled otherwise. Therefore Merchant agrees to post the following warning prominently on their website and in marketing materials. Merchant agrees to indemnify Company in the event of any allergic reactions to goods and/or products by Merchant's customers or recipients.

 

Warning: While our suppliers make every effort to ensure that only the ingredients shown are included in your gift, it is very likely that your gift ingredients may have been processed using equipment that has traces of a variety of nut, fruit, grain or dairy products. If your potential recipient or others that might consume the gifts are highly allergic to common food products, for their safety, we highly recommend that you order one of our non-food gifts.

 

Website Availability & Security: Company agrees to maintain its website, NationalGift.com, in a commercially responsible manner. Best efforts will be used to have said website available 24 hours a day, however Merchant agrees that the liability of Company to Merchant for a site outage or downtime shall not exceed Merchant's average monthly sales divided by the hours in the current month, multiplied by the hours of outage. Also, Company agrees to use its best efforts to keep Merchant's credit card and personal information secure, however it is agreed that in the event of any breach of security, Company's liability to Merchant or Merchant's bank, credit card processor, or PayPal shall not exceed $100 per account record.

 

Authorization To Bill Merchant's Credit Card For Any Fees, Purchases or Services: Merchant authorizes Company to charge the credit card furnished via the Retail Signup Form or any credit card furnished at any time to purchase products or services on the NationalGift.com website, for any fees, interest, charges or ChargeBacks due to Company under this contract. Company accepts Visa, MasterCard, Discover, American Express and PayPal. Merchant expressly authorizes and directs Company to use any credit card or PayPal account ever used in connection with any order placed on the NationalGift.com website for any fees, interest, charges or ChargeBacks in the event Merchant's primary payment method on file is declined for any reason. Decline of any supplied credit card for any amounts due from Merchant may result in the loss of Merchant's wholesale discount and may result in collection action against Merchant by Company if any amounts due to Company remain unpaid for more than thirty (30) days. Merchant hereby authorizes Company to attempt re-billing at various intervals for a period of up to ninety (90) days of any the primary credit card or of any of Merchant's credit cards used in connection with any purchase, service or fee, until all fees are paid. Merchant agrees that a $10 fee will be assessed for any merchant credit card declines.

 

Sales Taxes: Company is domiciled and has offices in the State of Colorado and is obligated to collect State sales taxes whenever an ordered product is delivered to a Colorado address. Company is not obligated to determine whether sales tax applies to state or local taxes for any order shipped to any location other than the State of Colorado. Merchant agrees to maintain a valid Social Security number or Federal Tax Id on file with Company at all times.

 

Order Cancellations: Merchant is not able to alter or cancel an order once it is placed on the NationalGift.com website. Merchant may be able to contact Company by phone or email prior to the Order Cutoff Time on the shipping date and request cancellation of the original order, however, Company does not offer this service and does not warrant that an employee will be available to perform such service. If Merchant is successful in having Company cancel the original order, a new order may be placed by Merchant on the website, however it must be placed prior to the Order Cutoff Time on the expected shipping date. Company will use its best efforts to fulfill every order placed by Merchant, however reserves the right to cancel any order for any reason. In the event Company cancels and order, it will attempt to immediately notify Merchant and will promptly refund any monies paid by Merchant.

 

Address Corrections: An Address Correction Fee of $10.00 will be charged to Merchant's payment method on file to offset the costs assessed by shipping carrier(s) for correcting and rerouting a shipment with an incorrect address. An Address Correction Fee is assessed whenever Merchant enters an incorrect street address for an order where there is a discrepancy from the address of record shown in the US Postal Service records or in the records of the shipping carrier. Address Correction fees are assessed within ten (10) to thirty (30) days after the shipment date when the Company is notified of the event by the shipping carrier(s).

 

Return Policy: Company will honor returns to its Returns Center for up to fifteen (15) days from the original shipment date during which time Merchant or Merchant's customer can return a gift for any reason. All returns must be sent to "Returns Center, 9975 Wadsworth Pkwy

Unit K-2, Box 253 Westminster, CO 80021 at Merchant's or Merchant customer's expense. A return credit for product cost (less shipping) will be issued within fifteen (15) days of receipt in the Returns Center to the credit card or PayPal Account used for the original purchase. For Returns caused by delivery attempts to bad addresses, shipments refused by the recipient, or that are undeliverable for any reason other than errors attributed to Company, there will be a $20.00 minimum charge per order deducted from the refund credit to be issued to Merchant.

 

Damaged Product Adjustment: In order to handle claims of damage to an ingredient, container or other component of a gift, Company has established a policy of issuing a rapid credit of up to 20% of the original product cost to Merchant. In order to receive this credit for a damaged product, Merchant must contact Company by email, fax or in writing within ten (10) days of the original shipment date of the order. Merchant may either request an immediate credit of 20% of the product cost or may request full reimbursement of the product cost by requesting that Company file a 'Damaged Goods Claim' with the shipping carrier. Company will only reimburse Merchant upon receiving funds from a successful claim against the carrier.

 

Goodwill Adjustment: Company has a Returns Policy, Damaged Product Adjustment Policy and Courtesy Shipping Credit Policy, which govern adjustments for concerns about product quality or quality of service. Goodwill adjustments in the form of credit to a Merchant if a customer is dissatisfied with a product or service will only be handled under one of these three policies.

 

Minimum Purchase Requirement: Merchant agrees that in the event Merchant fails to order more than ninety-nine ($99) dollars worth of product at wholesale prices from the NationalGift.com website each month, starting on the first full month and for every month thereafter, forty-nine dollars shall be due Merchant hereby authorized a charge for the amount to be charged to the credit card on file. For example, if Merchant only ordered thirty-nine dollars worth of product in a month, then forty-nine dollars would be due and charged to the credit card on file. In the event the credit card on file is declined for any reason, Merchant authorizes Company to use any credit card used by Merchant for previous product

 

purchases with a $10 decline fee to be assessed with the balance due. In the event of a pending termination of this contract, the minimum purchase requirement amount(s) due will be charged up to the final termination date.

 

Bulk Orders: Merchant agrees that any order for the shipment of more than 10 items will be ordered from the Wholesale/Bulk section of the NationalGift.com website or will be subject to a longer lead time than the stated shipping dates on the website.

 

Termination: Either party may terminate the contract by providing thirty (30) days written notice of their intent to cancel to the other party by regular mail or fax to the current address for receipt of Notices. All terms of this contract and payment obligations will remain in full force and effect until the actual termination date. Any verbal or email request for termination or cancellation of this contract is not considered an acceptable notice and does not change the terms or term of this contract. Proof of notice shall consist of either a fax transmittal confirmation or proof of mailing.

 

If merchants account is cancelled without giving thirty (30) days written notice, a $49 cancellation fee will be assessed with any existing balances due.

 

Collections of Unpaid Balances: Merchant agrees to pay all balances when due for any product payment, minimum purchase requirements or other fees due under this contract. Failure to pay any balance when due may result in Company taking further collection action or legal action. Company shall have the right to pursue any legal action or to turn over any unpaid balance to its collection agency(s) or attorney(s). Merchant also understands and agrees that Company shall have the right to report directly or through its assigned attorney or collection agency to the major U.S. credit bureaus any unpaid balance and the delinquent status.

 

Ownership and Use of Intellectual Property: Merchant shall grant to Company the right to use, redistribute, publish, patent, trademark or otherwise claim ownership of any product idea, marketing tactic, email communication or other design furnished to Company by Merchant. This shall include the publishing of all or part of emails as testimonials or any other legal use by Company in marketing materials or as postings to any website. This provision shall survive termination of this Contract.

 

Venue: If legal action is brought against any party to this contract, venue will be Colorado.

 

Severability: If any provision or section of this contract shall be deemed unlawful, void, or for any reason unenforceable, then that provision or section shall be deemed severable from this contract or the incorporated documents referenced on the NationalGift.com website and shall not affect the validity and enforceability of any remaining provisions.

 

--- Revised August 11, 2011