Shipping and Insurance
Orders shipped from Pole Mamas are via USPS and Tracking is provided when available. Pricing does not include shipping.
A 3% to 6% surcharge may be applied to orders paid by PayPal or Credit Cards that charge additional fees. Goods are shipped when full payment is received unless by prior arrangement has been made. All goods remain the property of Pole Mamas LLC as stated and protected under the Intellectual Property Laws.
Conditions of Use
The following are Pole Mamas™ Wholesale & Pole Mamas LLCTM (hence forth “Pole Mamas”) terms and conditions of use that shall apply to “Resellers” who purchase Pole Mamas products at wholesale solely for the purposes of resale to the public. Sales to Resellers are limited to bona fide commercial retailers whose status as a bona fide retailer must be verified to Pole Mamas’ satisfaction. Verification may include photographs of Reseller’s studio, a government wholesale seller permit, Federal Tax ID, Business License or any other applicable documentation. Reseller agrees that it shall not sell Pole Mamas products for less than ten percent below the Pole Mamas MSRP without Pole Mamas prior written consent. Reseller agrees that it is forbidden to sell Pole Mamas products on wholesale basis to other retailers. Pole Mamas reserves the right to terminate the account of any Reseller who in Pole Mamas ‘s sole opinion, diminishes Pole Mamas ‘s brand or image because of the way Products are sold, priced, serviced, depicted or represented.
Resellers may offer for sale Pole Mamas products on their company website, however Reseller agrees that it will NOT engage in, directly or indirectly, any sales of Pole Mamas products on eBay, Amazon or other auction or similar group buying and/or discount websites. In addition to any other remedies Pole Mamas may have, Reseller authorizes Pole Mamas to retroactive charge Reseller the difference between the wholesale price paid and the retail price, plus applicable taxes, of all items purchased if it is determined that Reseller is engaging in unauthorized online sales of Pole Mamas products.
In the event that a Pole Mamas product is mistakenly listed at an incorrect price, Pole Mamas reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Pole Mamas reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Pole Mamas shall issue a credit to the credit card used on the account in the amount of the incorrect price that was charged.
Reseller acknowledges that the name “Pole Mamas “all text and graphics on Pole Mamas web pages, and all photographs of Pole Mamas modeled clothing are the exclusive intellectual property of Pole Mamas Permission is granted to Resellers to use Pole Mamas photographs, graphics and text solely in connection with the retailing of Pole Mamas products and only when there is clear attribution to Pole Mamas. Pole Mamas intellectual property shall not be used to promote other brands of apparel or other products. Reseller agrees to exercise extra care to prevent non-Pole Mamas products from being associated with or attributed to Pole Mamas Reseller agrees that it shall not use any confusingly similar trademarks or trade names as “Pole Mamas .”Upon request, Reseller agrees to provide Pole Mamas with examples of its usage of Pole Mamas, graphics, or photos.
All orders are subject to Pole Mamas’ approval. Unless otherwise agreed in writing in advance by an owner of Pole Mamas, Reseller must make payment for all orders in US dollars prior to shipment. Pole Mamas accepts the following forms of payment: Pay Pal or Wire Transfer payment for all International Orders is required; Visa; Master Card; American Express; Discover; bank wire ($20 fee); or any other financial transfer instrument agreed to in advance. Pole Mamas will charge required local and state taxes for Florida Resellers if not provided with a current Florida issued Resale certificate. Reseller is solely responsible for sales and all other taxes associated with the order, except for taxes on Pole Mamas net income.
Pole Mamas Price quotes are good for ten days. Prices may change at any time without prior notice. Products are available on a first come first buy basis and are not guaranteed to be in stock. We keep inventory of available stock and do our best to keep up with all orders. Pole Mamas reserves the right to change their pricing at any time. Resellers may be required to order certain quantitative amount of product to maintain a Reseller status with Pole Mamas.
Orders are prepared and shipped within 48-72 business hours of receipt of payment and will arrive in 5-7 business days from shipping date for all domestic orders. All tracking is provided for orders through PoleMamas.com. This is an approximate time frame please allow room any unforeseen shipping issues like inclement weather. You may call or email us at any time for updates on the status of an existing order. Items are shipped via USPS from Florida and included in final shipping charges. Please contact us directly for expedited shipping options and fees. Pole Mamas reserves the right to choose any shipping carrier at any time. USPS WILL NOT DELIVER TO P.O. BOXES. Reseller agrees that Pole Mamas will not be responsible for any delivery loss, theft or damage.
Inspection and Acceptance
All sales are final. You agree to inspect the Products promptly upon receipt. Only defective Products may be returned for exact exchange or credit. You shall notify us in writing of any shortage, nonconformity or defect or other claim within 72 hours after delivery of the Product(s), otherwise you will be deemed to have accepted the Product(s) and waive any rights to reject them. Pole Mamas is not responsible for Products lost or damaged in transit. Reseller should obtain its own shipping insurance. No claims will be honored without proper notification. No returns will be accepted without prior RMA authorization with Pole Mamas. Without limiting the foregoing, returns shall not be accepted for any Products which have been worn, subject to improper storage, maintenance, alteration or other misuse, or to the extent damage or loss results as a consequence of subsequent shipment by you. Your sole remedy, for breach of this agreement or otherwise, is to return the defective Products to us and our only obligation, upon receipt and inspection of said Products at our facility, is, at our option, to either replace such non-conforming Products or to refund or credit the price paid by you for such non-conforming Products.
Terms of Termination
The terms and conditions are applicable to you upon you accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pole Mamas without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Pole Mamas may deliver notice to you by means of e-mail, general notice on the site, or by any other reliable method of contact you have provided Pole Mamas.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pole Mamas products) shall be in the state or federal courts located in Orange County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pole Mamas products) must be commenced within 14 days after the claim or cause of action arises. Pole Mamas failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pole Mamas may assign its rights and duties under this Agreement to any party at any time without notice to you.
Reseller may post about Pole Mamas’ Pole Body Grip, but may not assume any legal relationship with Pole Mamas other than wholesale supplier relationship defined by this agreement. Reseller further agrees that it will not misrepresent, intentionally or unintentionally, any information about Pole Mamas or its products.
Pole Mamas LLC Pole Mamas MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE. Refund of price paid or replacement of product is the exclusive remedy agreed to by Reseller. Pole Mamas SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THESE PRODUCTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Pole Mamas DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE PRODUCTS OR ANY PART THEREOF, AND ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Pole Mamas does not and cannot review all communications and a material posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pole Mamas is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pole Mamas reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pole Mamas in its sole discretion.
You agree to indemnify, defend, and hold harmless Pole Mamas its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your wholesale account.
In an attempt to provide increased value to our visitors, Pole Mamas may link to sites operated by third parties. However, even if the third party is affiliated with Pole Mamas, Pole Mamas has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pole Mamas. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pole Mamas seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work)
Limitation of Liability
RESELLER AGREES THAT Pole Mamas LLC SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN, OR FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Changes to these Terms and Conditions
These terms and conditions may not be altered, supplemented, or amended by the use of any Reseller document(s). Any attempt by Reseller to alter, supplement or amend these terms and conditions or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Reseller and Pole Mamas reserves the right to amend its terms and conditions from time to time with such amendments to apply to all orders received on or after the time of posting the amendments on Pole Mamas Internet website.
Pole Mamas may be contacted via email at email@example.com or by telephone at 321-765-9179.