Welcome to the eyebobs Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
1. We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
2. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by eyebobs, LLC. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by eyebobs.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
3. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to eyebobs on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain eyebobs property. Such disclosure, submission or offer of any Comments shall constitute an assignment to eyebobs of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, eyebobs will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. eyebobs is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that eyebobs may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
4. To the extent that this Site contains links to outside services and resources, the availability and content of which eyebobs does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
5. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT EYEBOBS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
6. From time to time there may be information on eyebobs.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your eyebobs.com purchase you may return it with your invoice to eyebobs by mail.
7. You agree to defend, indemnify and hold eyebobs harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
8. Unless otherwise specified and except to the extent EYEBOBS products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting eyebobs products and services available in the United States and select foreign markets. This Site is controlled and operated by eyebobs from its offices in Minneapolis, Minnesota.
9. This Agreement is effective unless and until terminated by either you or eyebobs. You may terminate this Agreement at any time. eyebobs also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in eyebobs sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or eyebobs, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
eyebobs Retailer Agreement
Thank you for selecting eyebobs reading glasses (the “Products”) as a featured product for your retail business.
In order to remain competitive and maintain success in the marketplace, Retailers must maintain the highest levels of customer service and quality standards. You were selected to be an authorized retailer based on your retail outlet(s) location(s) and the following attributes: reputation in the marketplace, high level of customer service, commitment to the eyebobs brand and ethical operating principles. In order to maintain your and our reputation, the following is a summary of some of our key requirements which you will find in our “Terms and Conditions”:
- We expect eyebobs retailers to present eyebobs Products in a clean, attractive, and appealing manner. You must display eyebobs separately from other products.
- We reserve the right to stop selling you Products if you resell them below our suggested retail price, listed on our website. This helps us ensure brand quality and prestige, avoid free-riders, and properly promote eyebobs across our vast retail network.
- We want to ensure that our customers are purchasing products in a high-quality environment that is consistent with our brand image. For that reason, we only allow retailers with one or more physical storefronts to sell eyebobs, and all locations must be disclosed to us. Similarly, you are not allowed to sell to other retailers or resellers.
- You may not sell our Products on any third party online marketplace websites, like Amazon.com or eBay.com. Our customers expect a high level of service that these sites just cannot provide.
In addition to the above policies, we require our retailers to agree to comply with the Terms and Conditions set forth in this agreement (collectively, the “Agreement”).
References in this Agreement to “us” or “we” or “eyebobs” refer to and mean eyebobs, LLC. References to “you” or “Retailer” mean you as the “Retailer”. Upon your acceptance of this Agreement, eyebobs agrees to appoint Retailer as a non-exclusive retailer of the eyebobs Products.
eyebobs reserves the right to change any term, policy or procedure by updating this Agreement on our website located at wholesale.eyebobs.com. Please check this site periodically for updates and changes.
Julie Allinson, President
1401 Glenwood Avenue
Minneapolis, MN 55405
TERMS AND CONDITIONS
- Engagement. Subject to this Agreement, eyebobs hereby engages Retailer as a non-exclusive retailer of the Products during the Term (as defined below); Retailer shall use its good faith best efforts to promote, market, sell and create a market for the Products and create positive goodwill in eyebobs’ IP (as defined below). Nothing will prevent eyebobs from entering into other or similar agreements for the resale of Products. eyebobs is not obligated to sell Retailer any particular quantity or type of Product. All purchases of Products will be for Retailer’s own account, and Retailer will resell Products for its own account consistent with the then-current eyebobs policies and requirements.
- Retailer Qualification. All Retailers must be (i) actively marketing and selling Products, (ii) current on all payments due and payable to eyebobs and (iii) in compliance with each term of this Agreement. All Retailers must operate and sell eyebobs from a physical storefront unless otherwise authorized by eyebobs.
- Term. The term of this Agreement will commence on the Effective Date and continue until terminated in accordance with the terms hereof (the “Term”).
- Resale. Retailers must sell Products to consumers only. You may not sell, ship, or otherwise make available Products to any other retailer, wholesaler, online marketplace, or buyer who intends to market, resell, or offer to sell Products. All Products must be sold directly from your inventory only, except in the case of a special order that eyebobs drop ships to the consumer or to the retailer for the consumer to pick-up.
- Order Placement. Retailers may submit orders for Products by using eyebobs’ online ordering system accessible through the “Dealer Log-In” section of wholesale. eyebobs.com. Retailers may also submit orders via email (firstname.lastname@example.org), phone (866-393-2627), fax (888-439-3262) or through an authorized eyebobs sales representative. Each order is subject to approval by eyebobs and eyebobs reserves the right to deny orders for any or no reason in its sole discretion. If there is any conflict between this Agreement and a purchase order, this Agreement will prevail. All delivery dates provided by eyebobs are estimated.
- Payment Terms
- Pricing. eyebobs reserves the right to stop selling Products to you if you resell the Products to your customers at a price per Product below eyebobs’ suggested retail price as listed on eyebobs’ website, as the same may be updated from time to time. You acknowledge and agree that the foregoing restrictions on Product prices are reasonable and in your and eyebobs’ interest for the promotion of the Products and maintenance of the image and quality of the Products. The wholesale price does not include freight, handling and taxes, which you shall be responsible for paying.
- Payment. If you are not provided credit by eyebobs, Product payment may be made by approved major credit card, check, ACH/wire transfer, Paypal pre-pay, or C.O.D. Retailers choosing C.O.D. will be charged a $15 fee. You agree to pay eyebobs a $35 handling charge for all unpaid checks.
- Credit. eyebobs reserves the right to approve or not approve requests for financing or installment payments for Product orders (referred to generally herein as “credit terms”) and the amount of credit extended, in its sole discretion. This includes the right to change or revoke credit terms without notice. eyebobs reserves the right to apply finance charges to the amounts owed (up to the legal limit) and to initiate payment collection processes it deems necessary. The costs of collection will also be payable by you.
- Check Policy. Checks may be accepted in eyebobs sole discretion. Any check deposited and returned as “NSF,” “Stop Payment” or “Closed Account,” (or the equivalent thereof) will result in an additional $35 processing fee payable by you.
- Shipping. eyebobs will ship all Products to you via UPS, FedEx or USPS. You are responsible for paying all costs and expenses of shipping, including the cost to insure the Products.
- Return Policy; Defects; Damaged or Missing Products. eyebobs does not accept returns or exchanges other than as specifically permitted below.
- Defective Merchandise. Eyebobs’ Products are covered by its standard manufacturer’s warranty (located at www.eyebobs.com/faqs/).
- Lost or Damaged Packages. If the shipping carrier delivers a damaged package, Retailer is required to refuse the shipment and to not open the package in which the Product arrived. eyebobs cannot accept damaged packages or Products contained therein once Retailer has opened the packaging.
- Missing or Delayed Products. If you do not receive Products in a timely manner from eyebobs, you must contact the eyebobs’ Customer Service Team within 5 business days after the Product’s expected delivery date, otherwise eyebobs reserves the right to deny a credit or replacement. Products on backorder are billed when they are shipped.
- Marketing Standards. In order to maintain brand integrity and avoid consumer confusion, you must display Products pursuant to eyebobs’ requirements and in a clean, attractive and appealing manner separate from other products. You may not display any product that is the same as or similar to the Products in close proximity to the Products. All Products must be sold to end-user consumers in packaging approved, or provided by, eyebobs.
- Use of Eyebobs Name. Retailer may use the eyebobs name in materials such as merchandising and display, advertising and sales materials solely in connection with the promotion, marketing and sale of the Products (and subject to eyebobs’ requirements). Retailer may only use the eyebobs logo, trademarks and copyrights (collectively the “eyebobs IP”) as provided and included in the creative materials made available to you on wholesale.eyebobs.com.
- Domain Names, E-Commerce
- Domain Names. Retailer will not purchase, use or incorporate eyebobs’ name or any of its trademarks, common misspelling of eyebobs’ name, or any confusingly similar name in any domain name including any country code top-level domains (ccTLD) or international domains. The use of the eyebobs name as a sub domain name is strictly prohibited.
- Online Marketplace Websites. You shall not, without eyebobs’ prior written approval, promote, auction or sell eyebobs’ Products through any auction website, banned third-party retail website, or on any online marketplace (such as eBay, eBay Stores, Amazon, Jet.com, etc.) or other websites that use similar processes.
- Retailer’s Website. If Retailer advertises and sells Products on its own website, it will present the Products in a clean, attractive, and appealing manner. All terms and conditions set forth in this Agreement apply to Retailer’s sale of Products on its own website, including without limitation, that all Products advertised and sold on the Retailer’s website must be sold directly from the Retailer’s inventory.
- Resale Certificates. All Retailers are required to submit a completed Resale Certificate for the state(s) in which Retailer conducts business with eyebobs. If eyebobs does not receive an up-to-date Resale Certificate, eyebobs may charge you sales tax on orders.
- Service Policies. All Retailers shall represent the Products in a professional manner. Your sales associates shall be knowledgeable about the Products and be helpful and courteous to consumers.
- Termination. Without limiting any other right or remedy available to eyebobs in this Agreement or at law, eyebobs may immediately terminate this Agreement upon notice or otherwise refuse to sell you Products, for any or no reason. In addition, eyebobs may, upon the occurrence of one or more of the below-listed items, immediately upon notice to you, terminate this Agreement, cancel all outstanding Product orders and revoke your status as a retailer (“termination for cause”):
- you are in breach of this Agreement and, if capable of remedy (as determined by eyebobs), such breach has not been remedied within 10 days of the date of notice from eyebobs; or
- you become (or eyebobs reasonably believes that you will become) unable to pay your debts as they fall due, or if you are the subject of a bankruptcy petition or order or, an application is made to a court, or an order is made, for the appointment of an administrator, or a receiver is appointed over your assets; or
- you die or, by reason of illness or incapacity (whether mental or physical), you are incapable of managing your own affairs or your business is sold.
In the event this Agreement or your account is terminated, eyebobs will not accept returns and you must pay all unpaid amounts to eyebobs immediately. Upon termination, you will immediately remove from all of your retail locations, and from your website(s), all eyebobs merchandising and display, advertising, promotion and marketing materials, and cease all use of eyebobs IP. You agree not to disparage eyebobs in any manner whatsoever during the Term or upon and after termination.
- Risk of Loss. Retailer will bear all risk of loss or damage to any shipped Product as of and after the time such Product is delivered to the shipping company.
- Intellectual Property. Any and all intellectual property rights and goodwill associated with or related to eyebobs, its Products or business shall remain the exclusive property of eyebobs or eyebobs’ licensors (as applicable), and neither Retailer nor any affiliate shall at any time during or after the expiration or termination of this Agreement question or dispute the ownership thereof by eyebobs or its licensors. Retailer and any affiliates agree that it/they will not file or acquire a trademark application to register any of eyebobs’ names, logos or proprietary marks (referred to herein generally as “trademarks”) or any trademarks confusingly similar thereto or acquire a registration for eyebobs’ trademarks or any trademarks confusingly similar thereto for any items or services.
- Disclaimer of Representations and Warranties. OTHER THAN EYEBOBS’ LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EYEBOBS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Except for the limited warranty expressly set forth herein, Retailer shall not be entitled to make or pass through any warranties to any third parties regarding Products.
- Governing Law; Jurisdiction. This Agreement and the relationship between eyebobs and Retailer shall be governed by the laws of the State of Minnesota, without regard to its conflict of laws principles. Retailer acknowledges that this Agreement is entered into in the State of Minnesota and consents to the personal jurisdiction of the federal and state courts in the State of Minnesota and agrees that said courts shall be the exclusive venue for a resolution of any and all disputes arising under, relating to, or in any way connected to these terms or the parties’ relationship.
- Survival of Obligations – Sections 10, 14 and 16 through 23 will survive expiration or earlier termination of this Agreement.
- Law, Licenses and Permits. Retailer is and will remain in compliance with any and all laws and regulations governing the sale of Products, and has all licenses and permits necessary to sell Products.
- Entire Agreement. This Agreement is the complete and integrated agreement between the parties with respect to the subject matter hereof and all other prior agreements, understandings, representations and communications, whether oral or written, are superseded and of no legal effect. Retailer may not assign or transfer any rights to sell the Products or any other rights granted by eyebobs without the prior written consent of eyebobs.
- Waiver of Breach. No failure of either party to this Agreement to exercise any of the rights and operations granted hereunder, or to insist upon strict compliance by the other party, and no custom or practice of the parties at variance with the terms hereof will constitute any waiver of either party’s right to demand exact compliance with the terms hereof. A waiver by either party of any specific default will not affect or impair the rights of that party with respect to any subsequent default of the same or different nature, nor will any delay or omission to exercise any rights arising from a default affect or impair rights of that party with respect to such default or any subsequent default.
- Limitation of Liability. EYEBOBS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF EYEBOBS HAS BEEN ADVISED BY RETAILER OF THE POSSIBILITY OF THE DAMAGES AND EVEN IF RETAILER ASSERTS OR ESTABLISHES A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. EYEBOBS’ LIABILITY SHALL NOT EXCEED THE NET REVENUE FROM PRODUCT PURCHASES RECEIVED BY EYEBOBS FROM RETAILER IN THE SIX-MONTH PERIOD PRIOR TO THE DATE THAT LIABILITY UNDER THIS AGREEMENT IS FINALLY DETERMINED (EITHER BY SETTLEMENT OR COURT ORDER, AS APPLICABLE).