eCommerce Associate Agreement Terms and Conditions

Upon acceptance of your application, we will supply you with a link to our webs site to download a zip file containing the pictures and a database containing SKU #, Description, Weight, Size a cost and retail price of our TOP 100 products.

TERMS AND CONDITIONS
In the following terms and conditions, the words 'we, us, our' refer throughout to Artistica, Inc.
The words 'you, your' refer to the eCommerce Associate applicant, and any agent or employee acting on your behalf.

1) eCOMMERCE DISCOUNT:
Upon acceptance of your application as an eCommerce Account a special account will be set up for you in order to receive our 25% eCommerce Discount applicable from the Sale Price listed on our web site www.artistica.com. (In our web site the price is indicated as "Your Price").

2) PRICING:
We have a strict "Retail Pricing" policy and we do not allow "discounting" in our products.
This is to avoid price conflicts with our numerous USA "brick & mortar" stores/dealers as well as with other eCommerce Associates. We do require that, on your web site, you sell Artistica's products at the published/standard RETAIL PRICE as shown in our catalog and/or web site.

3) TO PLACE AN ORDER:
The best option is to place your orders on line using the shopping cart of our web site.
The very first time you will be prompted to enter your information, thereafter once you "log in" your billing information will be automatically retrieved, and all you have to enter will be the "Ship To" address of your customer.
The other option is placing the order by FAX. The Fax Order Form can be downloaded from our site at: (http://www.artistica.com/PDF_Forms/Order_Form_eCommerce.pdf).

4) DROP SHIPPING:
Our Drop-Shipping program consist in processing your orders to be professionally packaged and delivered to your customers, directly from our own Miami, FL warehouse.
All shipments are shipped fully insured and guaranteed for safe arrival via UPS Ground or UPS Express.
The Drop-Shipping service includes Shipping & Handling and is charged with a flat fee equal to 10% calculated from your net (discounted) cost of the item.
(Orders of $100.00 or below, are subject to a Minimum S&H Fee equal to $14.75)
The 10% S&H fee includes our assistance and follow up to any problem, such as breakage, lost package etc. should arise.
In such instance, we will provide the service to solve the problem with your customer and eventually placing the claim with the carrier to full customer and claim satisfaction.
Please note that the 10% S&H flat fee is limited to UPS Ground service (deliveries within the 48 contiguous States).
A 25% S&H Fee will apply to shipments destined to Hawaii (HI), Alaska (AK), Puerto Rico (PR) and Canada*. We do NOT ship eCommerce orders Internationally .
* Canada imposed duty and/or Import taxes are payable by the final recipient of the order.
Third Party Shipping billing is NOT allowable. Customized package or custom product labeling is NOT allowable.

5) FORM OF PAYMENT:
Upon acceptance of your application, you will be required to supply us with a Credit Card (Visa/Master Card/American Express) that we will be kept on file to charge your future purchases to fulfill your eCommerce orders.
It is our policy to charge your purchases ONLY when they are actually shipped to your customers.

6) ADVERTISING:
Upon your request, in the package shipped to your customer, we could include your own advertising literature. The eCommerce Associate should provide us with this material properly packaged and to be kept in stock at our warehouse shipping facility. Extra fee of $2.00 per order apply for this additional service.

7) SHIPPING SCHEDULE and PRODUCT AVAILABILITY:
Customarily, we process orders within 48 hours and only upon shipping your Credit Card will be charged for your cost of the product(s) shipped plus 10% for Shipping & Handling.
Upon shipping (daily after 6:00 PM), an automatic email will be sent to you by UPS with the Package Tracking number.
Although we already maintain an higher stock level for the Top 100 products selected for this program, we cannot guarantee a continuous availability for every and each item.
Unfortunately the painstakingly manufacturing requirement of our products is often subject to setbacks that may occasionally delay the fulfillment of orders of a few weeks.
Should you like to verify availability of specific items, you are welcome to contact us possibly by e-mail or by phone at
(305) 378-0047, we will promptly provide you with an actual inventory status.

8) ANNUAL MEMBERSHIP FEE:
A $360.00 Annual Membership Fee is required to participate in our eCommerce Plan, this is to cover operative costs to maintain and service your account.
First year will be billed on pro-rated basis and due only after your application approval but prior to providing your with the CD containing pictures and database.
Thereafter, the annual membership fee will be billed yearly in the month of January.

9) ANNUAL MINIMUM VOLUME:
We reserve the right to terminate any eCommerce Associate that does not reach the minimum yearly purchasing volume (calculated from your cost) of $5,000.00.

10) OTHER PROVISIONS:

Gift with Purchase: Incentive items that are occasionally offered as Gift with Purchase to our direct retail Web Customers, such as our "Mini Rooster" or other products, are excluded from your purchases under this agreement unless specific arrangement is made directly with our Sales Office.

Sales Taxes: eCommerce vendors residing in the State of Florida must provide Resale Tax No. otherwise will be subject to 7% Sale Tax on any purchase, even if the product is "drop-shipped" in another State.
Each eCommerce Associate is responsible for the proper Sales Tax collection requirement as per their own resident State laws and requirements.

Customer List and Records:  Under this agreement, we reserve the right to maintain electronic records of mailing addresses of any customer to whom we drop ship under this program.
These records may be used to communicate with customers in case of specific matters that may arise in the future, concerning the product(s) they had purchased or other hazard/safety information.
Furthermore, occasionally we may directly send to these clients, advertising and promotional literature.
PLEASE rest assured that your customer will ALWAYS remain your client!
(Accounts are coded with the eCommerce Associate #, upon first time processing).
Orders received from our promotional mailing to these leads are automatically turned over to the original eCommerce Associate just like is customarily done with our Wholesale Sales Representatives.
As a result, on monthly basis, a 10% Commission, calculated from the net product price paid by the customer, will be paid to the eCommerce Associate.
We do NOT resell or share any customer records with any outside media, company or mass mailing service. Accounting and Customer's records are stored in secured system.

11) Gift Wrap fee: We do offer gift wrapping for a $10.00 fee for each item/package wrapped.

Terms of Service:  Your are not obligated under any form to engage or continue in this program even after your approval and acceptance of these terms.
We reserve the right to modify, suspend, revoke and/or cancel this agreement and your eCommerce Associates rights with Artistica, Inc. as well as to any or all services provided by us, for any reason and at our sole discretion, especially if we decide that the eCommerce program has been inappropriately used, or if we deem the web content of your site not suitable or associable with our products or otherwise.

This agreement may be modified or updated without direct notification to users.
Please bookmark this page for your future reviews.

Last Revision Date: August 07, 2008.