Welcome to the Vendor T&C where you can obtain information to assist with managing your relationship with Writings On The Wall (each and collectively, “Writings On The Wall”, “we”, “us” or “our”). Any person or entity (“Vendor”, “you” or “your”) who wants to sell their products with Writings On The Wall must accept these Vendor Terms and Conditions (“Agreement”) without change.
BY REGISTERING FOR, YOU (1) ON BEHALF OF YOURSELF AND THE ENTITY THAT YOU REPRESENT, AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE; AND (2) REPRESENT AND WARRANT THAT YOU ARE EXPRESSLY AUTHORIZED TO BIND VENDOR TO THIS AGREEMENT.
- Purchase Orders and Pricing: This Agreement governs your selling of Products with us. You are obligated to sell the products which you have requested to showcase on our website. You can anytime withdraw a product from our listing based on mutual agreement and fulfilling any pending orders for the said product. The Purchase Order that we send to you shall include the price of the product that has been mutually agreed between you and Writings On The Wall, inclusive of all the taxes and other costs. The product’s final selling price on our Website shall be based on our sole discretion.
- Product Images/Information: On an ongoing basis, you will provide us, free of charge, all current Product information, including electronic images and any Product information or warnings required by law to be disclosed in any sale or advertisement of the Product (“Product Information”). Product Information also includes any Product information collected by us from you, or otherwise made available to us by you (or by a third party at your direction). You grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free license to (a) use, copy, display, perform, and distribute the Product Information on or in connection with any online or offline point of presence, mobile application, service or feature; (b) excerpt, reformat, adapt or otherwise create derivative works of the Product Information; (c) use all trademarks or trade names included in the Product Information; and (d) sublicense any of the foregoing rights to third parties in connection with our programs or services (for example, to advertise your Products). You will promptly provide all information regarding safety, compliance, industry standards or testing related to your Products (“Product Safety Information”) that we reasonably request.
- Representations, Warranties, and Covenants: You represent, warrant, and covenant on an ongoing basis that: (a) the Products are genuine and free from defects; (b) all materials and other items incorporated into the Products are of good/high quality (c) the Product Information, Product Safety Information, packaging, and labeling is true, accurate and complete; (d) the Products, Product Information, and our exercise of our license rights in this Agreement, will not violate any third party rights, including intellectual property rights; (e) you will comply with all applicable laws and rules relating to the Products (including obtaining and maintaining any permits or licenses required to manufacture, distribute, sell, export, import or otherwise deal in any Product), and the Products, Product Information, packaging, labeling, export, and import documentation (if applicable) will comply with all applicable laws and rules; (f) the Products may be lawfully marketed, stored, sold, distributed, and disposed of without restriction (e.g., no required disclosures, licenses, or registrations)
- Product Returns; Effect of Remedies; Product Recalls and Safety Alerts: We may return or dispose of at your expense, and you will accept and reimburse us for, any Product (a) that is defective, (b) that does not conform to agreed specifications or to samples, (c) that is subject to recall or safety alert by a government authority or the Product’s manufacturer or distributor or that we otherwise reasonably determine poses a safety risk to customers, (d) that was not ordered in the applicable PO or (e) that does not comply with this Agreement. You will cooperate with the return or disposal of any Products under this Section. Title and risk of loss for all Products returned under this Agreement will pass to you after delivery of the ordered product.
- Shipping: Shipping and delivery logistics are the sole responsibility of the Vendors.
- Confidential Information; Publicity: Any product that you ship based on an order shall not have your branding or any suggested material that does not belong to Writings On The Wall. All your showcased products on our website shall be sold only as a part of our brand.
- Billing and Payments: You shall be providing us an invoice of the PO that we send across to you for your products showcased on our website. Once the delivery of the product is confirmed to the customer, your payment shall be released based on the mutually agreed method of payment.
Quick View of the Scope and Responsibility of Writings On The Wall and Vendors
Writings On The Wall –
- Showcasing your product on our website
- Marketing your Product
- Taking orders from customers and sending the Purchase Order to you
- Providing detailed Product Information, including pictures, handling and any safety instructions to be put on the Writings On The Wall website.
- On receipt of a PO from Writings On The Wall, you shall proceed with the order shipping to the customer in no more than 5 days and manage the delivery logistics. You shall also share the tracking information of the Product after you ship the same to the customer.
Either party may terminate this Agreement with 60 days’ prior written notice. Regardless of any termination, you will fulfill all POs you accept before the effective date of termination.
We reserve the right to change any of the terms of this Agreement, at any time and in our sole discretion. Any changes will be effective upon the earlier to occur of: (a) emailing the revised terms, or notice of such changes, to you at your e-mail address; or (b) posting the revised terms on this website. You are responsible for reviewing any revised terms, and any notices of revisions. YOUR CONTINUED ACCEPTANCE OF PURCHASE ORDERS OR CONTINUED USE OF OUR WEBSITE FOLLOWING OUR E-MAILING OR POSTING OF ANY REVISED TERMS, OR ANY NOTICE OF ANY SUCH REVISIONS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE PROGRAM POLICIES, YOU MUST STOP ACCEPTING PURCHASE ORDERS AND GIVE US WRITTEN NOTICE.