By placing an order with us you agree to the following terms and conditions on behalf of yourself and the company that you work for. We may modify these terms at any time. By placing a new order after you have received the new terms, you agree to the new terms. Either of us may terminate your account at any time and for any reason.
Account Information
It is your sole responsibility to provide us with written updates to your account information. That includes, but is not limited to, identifying individuals authorized to place orders, and updated phone numbers and email addresses. We are not responsible for misdirected communications or actions taken based upon incorrect information associated with your account if you have not provided us with updated account information in writing.
Trademarks, Logos and Utilization
All right, title and interest in and to Our trademarks, logos, and service marks (“Marks”) belong to Us. While you are an approved wholesale account we grant you a limited license to use our Marks solely to advertise products obtained from us, and advertise yourself as an authorized representative or dealer of our products and for no other purpose. You shall not create a web address or social media account that contains our Marks as part of its name or address. If you create such an address or account, you agree that we are the beneficial owner of such address or account and will provide us with the account information and login upon request. All use of our Marks must be in compliance with our brand guidelines. You may not alter our Marks in any way. You agree to pay our reasonable costs, expenses and attorney’s fees in seeking enforcement of this paragraph against you, and persons authorized by you, should you violate the terms of this paragraph.
Artwork
All of the DuckyWorld images and artwork (collectively “Artwork”) are copyrighted and belong to us. You may not alter, modify, enhance or otherwise make changes to the Artwork. You may not use the Artwork on any products created by you or by others at your direction. You may not use the Artwork in your store, or on a website or social media page unless it has been supplied by us as part of a product display, a promotion or with instructions for its use. You agree to pay our reasonable costs, expenses and attorney’s fees in seeking enforcement of this paragraph against you, and persons authorized by you, should you violate the terms of this paragraph.
Payment Information
Unless otherwise agreed in writing, all orders must be paid in advance with a credit card. You authorize us to charge the credit card provided to us for all orders. We may pre-authorize charges to confirm available funds. If we cannot confirm available funds, we will send an email to the address associated with your account noting that the credit card pre-authorization was unsuccessful. You will have 5 business days from the date we could not secure preauthorization to make the funds available. If funds are not available after 5 business days your order will be cancelled and applicable fees may be applied. You agree to pay all applicable sales and uses taxes on your order.
Governing Law
Minnesota Law will apply to all disputes or claims arising under this Agreement. Any dispute will be heard in the applicable state or federal court of Minnesota and You waive any objection You might have to venue.
Ordering Information
If you have placed an order for items that are out of stock or have been discontinued you will be notified and asked whether you would prefer to backorder the items or replace the affect items.
Order Cancellations
Please contact us as soon as possible if you need to cancel your order. If the order has shipped you may be subject to return shipping charges.
Shipping Information
We attempt to get product to you in an expedited manner but do not assume responsibility for delays in shipment, including but not limited to, those arising from acts of God, natural disaster, weather, orders or acts of military or civil authority, national/international emergencies, customs clearance times or other unforeseen circumstances.
All goods shall be shipped F.O.B. shipping point. Title to the goods passes to you at the time of the shipment and you assume all risk of loss or damage. You are responsible for all costs and expenses relating to shipment including insurance, duties, taxes, and similar charges.
At the time of shipment, you will be notified via email with tracking information regarding your shipment. Tracking information is always available upon request.
Returns
If you have an issue with the quality or accuracy of your order, contact rose@duckyworld.com. For shipment errors, you must contact us within 10 business days of your receipt of the merchandise. All materials claimed to be defective shall be held subject to inspection and evaluation by Us. Credit or replacement shall be determined by Us in Our sole discretion.
Limitation of Liability
There are no warranties of any kind, including but not limited warranties of merchantability and fitness for a particular purpose. Under no circumstances will we be liable for indirect, special, incidental or consequential damages of any kind or nature, including lost profits or lost opportunities. Our maximum liability for any claim or action will be limited to the amount actually paid by you for the order under dispute. You agree that Your sole remedy for breach of any warranty hereunder is limited to account credit or replacement of the products, at 0ur sole discretion.