Sales Terms & Conditions
GENERAL TERMS & CONDITIONS OF SALE:
Freight charges will be automatically calculated and billed F.O.B. our warehouse, except otherwise agreed. Shipments may be sent via UPS, FedEx, Canpar or Postal Service upon the Seller’s discretion.
RETURNS, EXCHANGES, BACKORDERS, MISSING & DEFECTIVE PARTS:
No returns will be accepted without a Return Merchandise Authorization (RMA). An RMA is obtained directly from our Company. The RMA # must be printed clearly on the outside of all returned packages. Claims for defective merchandise or shipment shortages must be made within 5 days after the arrival of the goods. Shipments without a RMA # will be refused, and the Buyer will be responsible for all charges incurred. We reserve the right to replace any missing and or defective part and or item within a reasonable time frame free of charge. We reserve the right to backorder and or cancel ordered items in whole or in part.
MERCHANDISE DAMAGED DURING TRANSIT:
Upon receipt of damaged merchandise, the Buyer must specify all damages when signing for the receipt of the merchandise delivered by the carrier, and immediately contact our Company. The Buyer shall keep all damaged merchandise for possible future inspections by the carrier. The Buyer shall send a damage report to our Company, stating the item number, quantity, total value, and box tracking number of the damaged merchandise. Upon receipt of this signed damage report, our Company will then replace and or credit the damaged merchandise.
PURCHASE AND PAYMENT POLICY:
All orders are subject to acceptance by the Company. All sales are C.O.D., unless a credit has been established with our Company. If an account or an invoice is not paid within terms, the Buyer agrees to be charged a service fee of 2.0% per month (24% per annum) on said unpaid account or invoice, plus all legal fees and collection fees (at least 33% of the account balance), resulting from the collection of the amounts owed. Buyer may not deduct any amounts owed from Kristal! invoices, unless approved in writing. All purchase orders and/or invoices are subject to the Terms and Conditions of this Sales Agreement. All sales are final.
This Sales Agreement shall be construed and governed by the laws of the Province of Quebec, Canada. All future product orders, price changes or policy changes will form an integral part of the present Sales Agreement. The Buyer agrees that the Courts of the judicial district of Toronto shall have exclusive competence to hear any disputes or legal proceedings to the rights and obligations of both parties hereunder and accepts executable jurisdiction of such a court at the Buyer’s place of business. Buyer shall be deemed solely responsible to collect amounts due from any sales to its clients and shall remit all applicable sales taxes to the proper authority. Buyer shall retain all related records for at least 5 years. Buyer may not transfer the Sales Agreement, except when permitted in writing.
MINIMUM ADVERTISED PRICE POLICY:
Kristal!™ is proud to offer over 100 original, hands-on, arts & craft, and science & discovery kits for ages 7 and up. In order to help protect Kristal!’s investments and the related reputation of our brands, Kristal! has unilaterally adopted a MINIMUM ADVERTISED PRICING POLICY (hereafter also referred to as “MAP”), which is effective as of December 13th, 2016. This MAP Policy strictly prohibits anyone from advertising Kristal!™ Products on the internet (hereafter referred to as “Product”) below the listed MSRP. It is also agreed that:
- Kristal!™ reserves the sole right to make its own independent decisions on how to allocate and advertise its Products for sale, and approve the participation of a Buyer in Kristal!™’s “Authorized Reseller Program”.
- The MAP Policy will be strictly enforced by Kristal!™, and this at Kristal!™’s sole discretion.
- Kristal!™ may use electronic monitoring software and tracking devices, and obtain third party services to help track and target any unauthorized MAP Product advertisements and the related use of Kristal! Intellectual Properties (on-line and off-line).
- Kristal!™ reserves the exclusive right to decide whether or not to take any legal action against a Buyer's violation.
- Product advertised on the internet below the stated MSRP shall be deemed a violation of Kristal!™’s MAP Policy, and Buyer has to immediately cease and desist the advertisement of Kristal!™’s Product as well as the use of its related Intellectual Properties (Copyrights, Trade-Names, Trade-Marks, Patents, Trade-Dress, etc.).
- In case of a MAP Policy violation by Buyer, all outstanding amounts owed by Buyer to Kristal! shall become immediately payable, and Kristal! reserves the right to suspend Buyer's terms, discount, account, and shipments until further notice, if any.
- This MAP Policy applies to all related Product, regardless of the type of media used (i.e. any print, such as flyers, coupons, and/or product bundles, incentives, internet, websites, emails, TV, radio, and/or solicitations for 'group purchases', as well as any activities, which Kristal!™ may determine, and this at its sole discretion, is intended and/or designed to circumvent the intended purpose of this MAP Policy.
- Kristal!™ may from time to time, and at its sole discretion, permit a Buyer to advertise Product at a price which is below the MAP. In such an event, Kristal!™ reserves the sole right to suspend and/or modify its MAP Policy, and MSRP, as the case may be. Buyer must obtain prior written approval. Kristal!™ reserves the right to permit or deny approval at its sole discretion.