GENERAL TERMS OF SALES AND DELIVERY OF WHOLESALE ACCOUNT WITH OSAKAWORLD SPORTS CANADA INC.
Section 1: Definitions
1.1 Seller: OsakaWorld Sports Canada Inc. and/or its legal representatives.
1.2 Buyer: The opposing party of the Seller in an agreement.
1.3 Days: Calendar days.
1.4 Pre-order: Order placed during the Seller’s pre-order period.
1.5 Re-order: Order placed after the pre-order period.
Section 2: Applicability, Validity, and Privacy
2.1 These terms apply to all offers and agreements by the Seller for selling and delivering goods.
2.2 Deviations and additions are valid only if explicitly confirmed in writing by the Seller.
2.3 If any provision is invalid, other provisions remain enforceable.
2.4 Personal data is processed in accordance with the GDPR; see the Seller’s privacy policy.
Section 3: Agreements
3.1 Offers, price quotations, etc., are non-binding unless explicitly confirmed in writing.
3.2 Agreements are concluded when the Seller accepts a pre-order or fulfills a delivery. Re-orders are established upon delivery unless disputed in writing within two working days.
3.3 Authorized individuals bind both parties to agreements made.
3.4 Reference to these terms in pre-order confirmations signifies their applicability.
Section 4: Information Provided by the Seller
4.1 Product descriptions, drawings, samples, and technical specifications are approximate.
4.2 Ownership of provided information remains with the Seller and must be returned upon request.
Section 5: Intellectual Property
5.1 All intellectual property rights related to the Seller’s goods remain the property of the Seller.
5.2 Buyer may not disclose or reuse items protected by the Seller’s intellectual property without explicit prior consent.
Section 6: Data Provided by the Buyer
6.1 The Seller assumes all information provided by the Buyer is accurate and is not liable for third-party claims of infringement.
6.2 The Seller may suspend delivery if third-party objections arise.
Section 7: Delivery and Risk
7.1 Goods are delivered to the agreed location, with transportation costs borne by the Buyer unless otherwise agreed.
7.2 Buyers must arrange delivery within 14 days of notification or the Seller may:
-
Return goods to stock and cancel the order.
-
Dispatch goods to the Buyer at the Buyer’s expense.
-
Section 8: Delivery Dates
8.1 Delivery dates are estimates and subject to change due to factors beyond the Seller’s control.
8.2 The Seller may cancel pre-orders if products are not produced, offering alternatives if available.
8.3 Buyers are liable for costs resulting from failure to accept deliveries.
Section 9: Pricing, Invoicing, and Payment
9.1 Prices are net and exclude taxes unless stated otherwise.
9.2 The Seller may increase prices due to government measures before agreement conclusion.
9.3 Payment is due within 30 days of invoice date unless prepayment is required. Late payments accrue 12% annual interest.
9.4 Legal costs for payment collection are borne by the Buyer.
Section 10: Ordering Process
10.1 Quotes are valid for 30 days and may change due to material cost fluctuations. 10.2 Orders require a 25% deposit before production begins.
10.3 Buyers must approve design mock-ups within 10 business days to avoid delays.
Section 11: Production and Delivery
11.1 The Seller will make reasonable efforts to deliver products within agreed timeframes. Delays caused by shipping or production issues are not the Seller’s responsibility.
11.2 Accurate shipping information must be provided by the Buyer. Re-routing charges apply for incorrect addresses.
Section 12: Returns and Exchanges
12.1 Refer to the Seller’s return policy at https://osakaworldcanada.com/pages/returns-exchanges.
12.2 Defective or incorrect items must be returned for assessment before replacements or refunds are issued.
Section 13: Limitation of Liability
13.1 The Seller is not liable for indirect, incidental, or consequential damages.
13.2 Liability is limited to the total amount paid by the Buyer for the goods.
Section 14: Intellectual Property (Buyer’s Responsibility)
14.1 The Buyer warrants they have rights to use any designs, logos, or trademarks provided to the Seller and indemnifies the Seller against infringement claims.