1. Definitions
- "Brand": A company or individual that owns products and enters into a partnership with TheGoodsExpress to distribute and sell those products through our retail and wholesale channels.
- "Distributor": An individual or entity that supplies products to TheGoodsExpress for resale to customers through various retail and wholesale platforms.
- "Products": The goods provided by Brands or Distributors for sale through our retail and wholesale services, including but not limited to our website, online marketplaces, and other channels.
- "Services": The wholesale and retail services provided by TheGoodsExpress, including product listing, marketing, order fulfillment, and sales through multiple distribution channels.
2. Eligibility to Partner with Us
To partner with TheGoodsExpress, you must be a legal entity or individual authorized to distribute the Products you offer. By partnering with us, you represent and warrant that:
- You have the necessary rights and licenses to distribute the Products.
- The Products you supply are compliant with all applicable laws and regulations.
- You are not infringing on any third-party intellectual property rights or other legal protections.
3. Agreement to Sell Products
By providing your Products to TheGoodsExpress, you agree to the following:
- Product Listings: We will create and manage product listings for your Products across various sales channels, including our website, third-party marketplaces, and other retail platforms.
- Pricing: We will establish retail pricing for your Products based on mutually agreed-upon wholesale pricing, market trends, and applicable fees.
- Inventory Management: We will manage inventory for your Products, including the use of third-party fulfillment services when necessary.
- Sales Channels: Your Products may be sold through a variety of channels, including but not limited to our own website, online marketplaces (e.g., eBay, Walmart), and other retail outlets.
4. Responsibilities of TheGoodSExpress
As a wholesaler/retailer, TheGoodsExpress agrees to:
- Create and Manage Listings: We will create, manage, and optimize product listings across multiple sales channels to ensure they comply with platform guidelines and maximize sales.
- Order Fulfillment: We will handle order processing and fulfillment, including partnering with third-party services for warehousing and shipping.
- Marketing and Advertising: We may promote your Products using online marketing tools, including paid advertising and promotions, across relevant channels.
- Customer Support: We will provide customer service related to product inquiries, returns, and issues, in accordance with the policies of the respective sales channels.
5. Responsibilities of Brands and Distributors
As a Brand or Distributor, you agree to:
- Product Supply: Provide Products in quantities agreed upon, with sufficient lead time to ensure availability for order fulfillment.
- Product Quality: Ensure that all Products meet applicable quality and safety standards, and are free from defects.
- Pricing and Discounts: Provide wholesale prices for Products, and notify TheGoodsExpress of any changes to pricing or promotional offers.
- Compliance: Ensure that all Products comply with local, state, and federal regulations, including those specific to retail and online marketplaces, and that they do not infringe on any intellectual property rights.
6. Payment Terms
Payment for Products will be based on the wholesale pricing agreed upon between you and TheGoodsExpress, minus applicable fees.
- Revenue Share: TheGoodsExpress will retain a percentage of each sale as a fee for services provided, which will be outlined in the partnership agreement.
- Payment Schedule: Payments will be made to you based on sales performance, with a frequency agreed upon by both parties, such as monthly or bi-weekly. Payments will be processed via bank transfer or another mutually agreed-upon method.
- Sales Reports: You will receive regular reports detailing the sales of your Products, including revenues, returns, and other relevant data.
7. Returns and Refunds
- Returns: All returns of Products will be handled in accordance with the return policies of the relevant sales channels. TheGoodsExpress will work with you to process returns and manage customer refunds.
- Defective Products: In the case of defective Products, we will coordinate with you to process returns or exchanges for customers, in line with the legal and platform-specific policies.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the partnership, including pricing, sales data, product information, and marketing strategies. This obligation will continue even after the termination of the partnership.
9. Intellectual Property
- Licensing: By partnering with TheGoodsExpress, you grant us a non-exclusive, royalty-free license to use your trademarks, logos, and other intellectual property solely for the purpose of listing, marketing, and selling your Products through the agreed-upon sales channels.
- Infringement: You agree to indemnify TheGoodsExpress from any claims of intellectual property infringement arising from the sale of your Products. If a Product is found to infringe on the intellectual property rights of a third party, we reserve the right to remove the Product from sale and may terminate our partnership.
10. Limitation of Liability
To the fullest extent permitted by law, TheGoodsExpress will not be liable for any indirect, incidental, special, or consequential damages arising from your partnership with us or the sale of Products. This includes, but is not limited to, loss of profits, loss of data, or issues resulting from delays in shipping or fulfillment.
11. Termination
Either party may terminate the partnership with written notice if:
- There is a material breach of these Terms by the other party.
- Either party wishes to discontinue the partnership for any reason.
Upon termination, both parties agree to fulfill any remaining obligations, including final payments and the return of unsold Products, if applicable.
12. Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in [City, State/Country].
13. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the matter through informal discussions. If the dispute cannot be resolved informally, the parties agree to submit to binding arbitration in accordance with the rules of [Arbitration Association].
14. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and TheGoodsExpress regarding the wholesale and retail of Products.
- Amendments: We may update these Terms from time to time, and any changes will be effective upon posting on the Site.
- Waiver: Failure to enforce any provision of these Terms will not be deemed a waiver of such provision.
15. Contact Us
For any questions or concerns regarding these Terms, please contact us at:
TheGoodsExpress
Email: [nicholas@thegoodsexpress.com]
Phone: [508-821-8722]
Address: [25 Kendra Ln Taunton MA, 02780]