Last Revision – September 2016
Be sure to read these Wholesale Agreement (“Agreement”) terms carefully.
By acceptance of the Agreement with Toresh Games Ltd (“Toresh Games”, “we” or “us”) you (“Retailer” or “you”) agree to the presented terms and conditions and to a relationship with Toresh Games as a resale partner. If you do not agree with these terms, you must not proceed in seeking a relationship, or discontinue the relationship if one already exists.
Toresh Games owns and operates toreshgames.com (“Site”), as well as making the same or similar content available via e-mail (“E-mail Content”) and to smart phones and tablets (“Mobile Content”). The Site, E-mail Content, any services offered by Toresh Games (“Services”), and all related content and products, are collectively referred to as “Products.”
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Site or Products. This Agreement may be amended by us at any time and from time to time without specific notice to you.
The Agreement, and each order you place with Toresh Games Ltd, will be subject to the following terms and conditions:
Agreement Length: The length of this Agreement is up to one (1) year from date of registration and acceptance by the Retailer. The wholesale agreement is automatically renewed at the beginning of each calendar year, unless notification of termination is given by either party. Toresh Games may, at its sole discretion, without cause or liability, and at any time, reject orders and / or end this agreement. Retailers may, at their sole discretion, with or without cause, and at any time, end this agreement. Any unpaid balances at such time are still the responsibility of the Retailer.
Exclusivity: In no way does Toresh Games offer exclusivity of products, services, or geographical area for wholesale accounts.
Ordering: Orders may be placed either through the e-commerce web-site or mailed in via an Order Form. All orders are subject to acceptance by Toresh Games. Any accounts left inactive for more than 6 months will be reviewed and subject to termination.
Backorders: Toresh Games endeavors to complete and ship all wholesale orders, but it is possible that we could run out of stock on a specific item. Should this occur, we will inform the Retailer immediately to establish approved back-order status or an alternate selection. Since some items will be more in demand than others, it is advisable to place your orders as far in advance of your selling needs as is possible so back-ordered items can be replenished within your necessary time frame.
Prices: All prices invoiced will be those in place at the date of order acceptance. Toresh Games reserves the right to alter prices at any time prior to order acceptance.
Shipping: Every effort will be made to fulfill promises of shipping and delivery to the address shown on the order, but no liability for delivery failure can be accepted by Toresh Games. Shipping will only be made to the Retailer’s premises, unless an additional agreement is put in place for alternate delivery locations. Toresh Games reserves the right to make delivery in installments and to tender a separate invoice in respect of each installment.
Customs Fees: International accounts are responsible for all costs relating to duty charges, customs, and brokerage fees.
Damage / Loss in Transit: Toresh Games accepts no liability for any loss resulting from the Retailer’s failure to comply with our carrier’s requirements with respect to notification of damage, shortage, and non-delivery of goods. Goods should be inspected on receipt and damage / shortages advised in writing to the carriers and ourselves within 3 days. Damaged goods returned to Toresh Games will only be accepted if previously agreed in writing. Non-delivery must be advised in writing to the carriers and Toresh Games within 10 days of original agreed upon delivery date or date of invoice.
Returns: Returns of goods supplied in accordance with Retailers’ orders cannot be accepted without the prior written consent of Toresh Games. Shipping for returned goods is the responsibility of the Retailer.
Payment: Initial orders from new Retailers must be paid in full prior to shipment of any goods. Once a line of credit and prior performance has been established, payment terms are strictly 30 days net. Toresh Games reserves the right to charge interest on all overdue payments at the rate of 2% per month or part thereof and to suspend further deliveries. Additional costs, such as legal or debt collection fees, incurred by Toresh Games in order to collect outstanding balances are the responsibility of the Retailer.
Cancelled / Refused Orders: A restocking fee of 10% or $50, whichever is greater, will be charged on all cancelled or refused invoiced orders. If two shipments are refused or cancelled, the account will be subject to termination.
Order Acceptance: All orders are subject to approval. A current Wholesale Registration is required for new accounts prior to shipment. Toresh Games reserves the right to reject Wholesale Registrations without cause or liability. All orders must be prepaid before being shipped, unless other arrangements have been made. No order will be shipped without full payment arrangements.
Sales Risk: Risk shall pass to the Retailer when the goods are delivered to or collected by the Retailer or the Retailer’s agent.
Trade Names and Copyright Material: The Retailer agrees that trade names used to identify Toresh Games or Toresh Games’ Products and copyrighted material are the exclusive property of Toresh Games, and the Retailer has no interest in such trade names or copyrighted material except for the right to use them in connection with their promotion and the sale of Toresh Games’ Products. Upon termination of the Agreement, the Retailer agrees to immediately cease all use of Toresh Games’ trade names and copyrighted material.