Terms + Conditions
These Terms and Conditions apply to your purchase and resale of products from Transpac Brands. By accepting delivery of the products, you agree to be bound by and accept these Terms and Conditions. These Terms and Conditions are subject to change at any time at Transpac Brand’s sole discretion without prior notice.
Minimum Order: Season’s Designs orders require a $500 minimum opening order and a $250 minimum reorder.
Minimum International Order: Season’s Designs orders require a $500 minimum order.
Prices: Prices are wholesale; subject to change without prior notice.
Freight: FOB Rancho Cordova, California. Freight rates are determined by geographic location in the continental USA and will be added to the invoice. Standard shipping is shipper’s choice, no special routing or handling requirements. Any special freight requests are additional costs to the freight rates; these include inside delivery, lift gate, limited/residential access, etc. and will be added to the invoice. NO COD shipments. Customer are welcome to use their own shipping account number but advance notice of shipping dimensions in order to book customer’s own carrier requires a yearly sales volume of $7,500 in order to qualify for that routing option.
Product Remarks: Product dimensions are approximate; colors may vary from photos. Due to the nature of artists hand crafted items, sizes, shapes and colors may vary slightly. None of the products in this catalog are intended for anyone under 3 years of age. Products are for decoration only unless indicated, they are not food safe. Batteries are not provided for any battery-operated items unless marked as such. Units ordered must be in increments of the inner pack quantities. Transpac Brands reserves the right to round to the nearest inner pack quantity and to make minor substitution to assortments. Colors may vary from photos. Transpac Brands guarantees the quality and workmanship of LIGHTED PRODUCTS housing, Transpac Brands do not guarantee the individual light sets attached to the housing. Any lights sets that fail are to be replaced at customer’s expense. Light sets are considered disposable components and like batteries, are not warrantied.
Claims: All claims for missing, damaged, or misships must be submitted to Transpac Brands within 60 days of invoice date via phone, email, or fax. All such claims must be submitted in writing and emailed to TII_Claims@shoptii.com with customer name, invoice#, item#, qty claimed and PHOTOS for EACH item claimed. Claims due to smashed cartons/carton breakages must be signed for as a damage on the BOL, plus carton count, photos of boxes and items damaged, as well as signature showing acknowledgement of damage in order to be processed. No returns will be accepted without a return merchandise return authorization number (RMA). All merchandise returns submitted after 60 days of the invoice date will be subject to a 15% restocking fee. Transpac Brands is not held liable for shipping claims when using customers’ own carrier or shipping account. If you do not receive a response within 48-72 hours, please call the office 800-449-9903
Request Ship Dates: All orders placed with Transpac Brands are considered firm orders unless we are notified in writing at least two weeks prior to the requested ship date. Changes to orders must be documented by email, fax, or phone to Customer Service at info@shoptii.com or fax 800-449-9909. The requested ship date must be included on all orders. Transpac Brands reserves the right to ship product within a reasonable time (5-10 days) before the requested ship date. If our customers do not wish to have their merchandise shipped prior to the requested ship date, they must include a Do Not Ship Before date on their order.
Cancel Date: The cancel date is an optional order condition that can be placed on an order to indicate that the customer does not wish their merchandise to ship after said date. If no cancel date is included on the order, Transpac Brands will ship merchandise in a timely manner and will NOT ship after these seasonal cut off dates: 10/4 (Halloween), 11/1 (Harvest), and 11/29 (Christmas) unless requested otherwise. Any returned or refused seasonal shipments without a cancel date or Transpac Brands documented cancellation prior to 6/15, will be subject to a 15% restocking fee.
Back Orders: At Transpac Brands, we continuously strive to ship orders in accordance with customer requested ship dates, and as completely as possible, in order to minimize freight charges to our customers. In the event that we are required to backorder items on an order, we reserve the right to ship these items once they are available without restriction, unless: (1) you notify us in writing not to ship backordered items, or (2) we determine, at our discretion, that it is not cost effective to our customers to do so.
Payment Terms: Transpac Brands reserves the right to alter the terms of payment at any time and unless prior authorization is granted. Transpac Brands must receive payment upon placing the order. Payment for orders can be made with a Visa, MasterCard, American Express, or a Discover Card. Net terms are available upon approved credit. Past due invoices are subject to 1.5% per month interest but in no event shall the interest charged exceed the maximum rate allowed by applicable California law. For customers that take advantage of our dating programs and do not pay the invoices by the extended due date, a finance charge will be calculated and charged retroactively from 30 days after the original invoice date and subject to change of terms at Transpac Brands discretion.
Collections, Costs and Fees: Any past due account balance is subject to have all shipments held and to be turned over to an outside collection agency. In the event legal action, including arbitration, is necessary to collect your account, you agree to pay all attorney fees and collection costs incurred by Transpac Brands, in connection with such legal action and/or arbitration.
Returned Checks: A $25 service fee will be issues for returned checks. Additionally, all shipments will be held until payment is made in full in the form of guaranteed funds.
Title: Title of products passes from Transpac Brands to customer upon shipment from Transpac Brands facility or agent. Loss or damages, which occurs during shipping, are the customer's responsibility.
Taxes: Unless you provide Transpac Brands with a valid tax exemption certificate applicable to your purchase of product and the product ship-to location, you are responsible for sales and other taxes associated with the order.
Limitation of Liability: You agree that Transpac Brands’ liability related to the purchase of product shall be limited to the amount invoiced for the applicable product.
Transpac shall not be liable for any consequential, special, indirect, or punitive damages, even if advertised of the possibility of such damages, or for any claim by any third party.
Governing Law: These terms and conditions, any purchases or sales hereunder, or any claim, dispute or controversy (whether in contract, tort, or otherwise whether preexisting, present or future, and including statutory consumer protection common law and equitable claims) between you and Transpac Brands arising from or relating to these terms and conditions shall be governed by the laws of the State of California without regard to conflicts of law.
Binding Arbitration: Any claim, dispute or controversy (whether in contract tort or otherwise) arising out of or related to these Terms and Conditions and or the purchase and sale of product hereunder shall be resolved full and finally by a single neutral arbitrator through binding arbitration before JAMS under the existing rules for the resolution of commercial disputes. The exclusive venue for the arbitration shall be Solano County, California. The award or decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and Transpac Brands agree to bear equally the costs of the arbitration filing and hearing fees. The prevailing party in any arbitration shall be entitled to an award of his or its reasonable attorney's fees and arbitration costs addition to any other relief awarded by the arbitrator. You acknowledge and agree that by agreeing to submit all disputes to binding arbitration, you are giving up your right to a jury trial.