Wholesale Terms & Conditions
TERMS AND CONDITIONS
Oh Happy Day Incorporated, a Washington corporation (“Oh Happy Day”) sells to wholesale partners that have retail establishments with a store front or online presence. Third party sales of Oh Happy Day product to other retail establishments are prohibited and we reserve the right to reject any order or customer at any time for any reason. By placing a wholesale order with Oh Happy Day, the wholesale partner agrees to these Terms and Conditions.
How to Order: Orders for products shall be made via https://wholesale.ohhappyday.com (the “website”). The placement of an order on the website by a wholesaler for Oh Happy Day’s products is construed as a mere contractual proposal and shall not constitute a binding agreement. Any order placed pursuant to this contract is deemed to be irrevocably made by wholesaler for a period of 3 months unless sooner withdrawn in writing prior to acceptance by Oh Happy Day, starting from the date of receipt of such order. Oh Happy Day has no obligation to accept the contractual proposal made by the wholesaler. The acceptance and/or shipment of any order does not create any rights to products other than as expressly set forth in the accepted order, and does not obligate Oh Happy Day to accept, or wholesaler to place, orders in the future. Nothing contained in this contract shall imply any partnership, joint venture or agency relationship between the parties in any territory or jurisdiction.
Minimum Order Requirements: Minimum opening order is $150 for all accounts. Minimum re-order is $50.
Payment: Oh Happy Day collects payment at the point in time that the product is ready to ship. By providing a payment method, you are authorizing Oh Happy Day to charge the card for the invoiced amount at time of shipment. All orders shall be invoiced at the prices prevailing at the time of order date. Oh Happy Day reserves the right to alter any prices or specifications without prior notice. Sales tax will be added to the invoice where required unless a valid exemption certificate is provided. No refunds of sales tax can be made after shipment.
Manufacturer’s Suggested Retail Price (“MSRP”): A wholesale partner shall not discount Oh Happy Day products more than 20% below an item’s MSRP, available on the Oh Happy Day wholesale website, without express approval in writing by Oh Happy Day.
Past Due Orders: There is a 10% monthly service charge on all past due invoices. Collection costs and attorney fees will be at the customer’s expense. Wholesale partners with past due invoices will have orders placed on hold until the account is brought current.
Shipping Costs: All product ships FOB Tacoma, WA. Shipping charges if applicable will be paid by the wholesaler and added by Oh Happy Day to the invoice. Oh Happy Day will do their best to ship all in-stock items within 72 hours of receiving the order, but we cannot and do not guarantee, warrant, or represent any time or date for delivery, nor will any claims for consequential loss be accepted. All backorders will ship when available unless order states no backorders.
Returns: We do not accept returns without prior notification and a return authorization number. All shipping damages or shortages must be reported within seven business days of delivery of the product(s). Oh Happy Day will replace any defective or damaged items provided the preceding terms are met. No other returns will be accepted. Oh Happy Day does not operate a Sale or Return policy. In extraordinary circumstances and only at the sole discretion of Oh Happy Day, goods may be accepted for return. In these circumstances, a handling charge of 15% will be applied and the customer will be responsible for the safe and complete return of goods, including shipping costs.
Orders: By placing a wholesale order with Oh Happy Day, the purchaser agrees to the above terms and conditions. No modifications or additions to these terms by the purchaser shall be binding on Oh Happy Day. Oh Happy Day reserves the right to amend or waive said terms and conditions at any time without prior notice. Terms and conditions in effect at the time of the order shall prevail. Non-adherence may result in termination of account. Oh Happy Day is not responsible for any misuse of any product sold. Incomplete orders or orders waiting on payment information will be cancelled after 30 days. Orders must be made in designated quantities as listed on the wholesale website.
Use of Content: Oh Happy Day grants to wholesale partners the right to distribute and publicly display the product and lifestyle content in media relating to the sales of Oh Happy Day products including on the website, in-store digital displays, and on social media platforms. Content must include content credit defined as including the brand name in the product title, post title, or other means approved by Oh Happy Day.
No Intellectual Property Rights Granted By Sale: Except as set forth in the above paragraph entitled “Use of Content,” the sale of goods by Oh Happy Day to the wholesaler shall not confer upon the wholesaler any right or license to use the trademarks of other intellectual property rights of Oh Happy Day, and such rights shall at all times remain the exclusive property of Oh Happy Day. The copyright of the goods remains the property of the artist. No copies of these goods can be made without the written permission of Oh Happy Day.
Digital Advertising Prohibited: Oh Happy Day does not authorize customers to buy digital advertising on platforms such as Facebook, Google, Yahoo, Bing, Ask or any other search engine or social platform using keywords containing or confusingly similar to Oh Happy Day trademarks, trade names or other trade rights.
Limitations on Sales: Wholesale partners are not authorized to make Oh Happy Day products available on www.ebay.com, www.amazon.com, www.etsy.com, www.walmart.com, or any other third-party transacting website.
Product Details: Actual colors of our products may vary slightly from the photographs shown in the catalog. Product dimensions are stated as largest to smallest as detailed in the description.
Reclamation of Product: Risk & title changes hands when the wholesaler takes possession of the product(s). If at any time, payment of the price (or any other amount due from the customer to Oh Happy Day) is overdue, the customer hereby authorizes Oh Happy Day by its servants or agents, upon 3 days written notice, to enter the wholesaler’s premises and take possession of the goods at the wholesaler’s expense.
Choice of Law and Venue: The validity, construction and performance of any contract arising out of wholesaler’s use of the website or ordering of products from Oh Happy Day shall be governed by the laws of the State of California and be within the exclusive jurisdiction of the California Courts and shall be venued in the City and County of San Francisco.
Severability: If any of these terms and conditions or any part hereof shall be held rendered void or unenforceable, for any reason, it shall be void or unenforceable to that extent and no further.
Additional Terms Applicable To International Wholesalers: Goods sold to retail establishments outside the United States require a commercial invoice with description/value of goods sold and the account details. Duties/taxes will be added to the invoice.
Inquiries: Please email wholesale@ohhappyday.com
PRIVACY POLICY
The following discloses our information gathering and dissemination practices relating to the website located at www.wholesale.ohhappyday.com and related mobile applications and other services that we may make available from time to time to users (together, the “Services”). We will not share your personal information with anyone except as described in this Privacy Policy. By using the Services, you consent to the collection and use by us of any personal and other information you provide while using the Services in accordance our Privacy Policy (this “Privacy Policy”). If you do not agree to the Privacy Policy, please do not use the Services.
If you have any questions about how we collect, store and use your personal information and data please contact us as follows or in order to access or correct your personal information:
Email us at wholesale@ohhappyday.com
Write to us at the following address (“Attention: Online Privacy - Wholesale”):
EQUALS AWESOME
The Services: Through the Services, you may view information and content that is owned, licensed, or provided by the Company, its parent companies, subsidiaries and affiliates (“Oh Happy Day”). The Services may also include information and services provided by third parties and distributed by virtue of a license, grant or some other form of agreement with Oh Happy Day. When used in this Privacy Policy, “we”, “us” and “our” mean Oh Happy Day.
Using the Services: You can view the some of the Services without providing any personal or individually identifiable information. You may also be able to set the security settings on your browser to prevent certain tracking and logging features. If you do that, the Services may be less functional for you. There are times when you may choose to give us personally identifiable information about yourself. For example, you may wish to register, make purchases and view information, receive e-mails from us, receive invitations to attend events, participate in discussions, preview new products and services, or participate in special promotions. If you register to use the Services or if you conduct transactions through the ohhappyday.com website or any related mobile applications, we will collect information about the transactions you engage in and your other activities. We need certain information from you to register you, authenticate you, process your registration information and payments, and send goods to you, as necessary.
Kinds Of Information We Collect: We may collect information that you voluntarily give us, as well as location-based information and site visitorship data as described below.
Personally Identifiable Information: In order to take advantage of certain features, you may be asked to provide personally identifiable information about you that would enable someone to contact you directly. Personally identifiable information includes your e-mail address, name, postal/mailing address, telephone numbers, shipping and billing addresses, or persistent identifier (such as a customer number held in a cookie) which is associated with personally identifiable information, as well as other information, that you may provide voluntarily. We collect such personally identifiable information that you give us so that we may:
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the date and time you access the Services;
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your internet service provider, mobile carrier, or data services provider;
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your Internet Protocol (IP) address;
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the pages you visit;
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the products you purchase and review;
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the links you click;
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the features used;
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how and when you interact with the services;
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the content, images and advertisements you select; and
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how you arrived at the Services and where you go when you leave.
We will use the personally identifiable information we collect to provide you with specific information and services that you request, and with additional information and services that may be of interest to you. By providing your personally identifiable information, you fully understand and consent to the collection and processing of such information in the United States of America and other countries. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. While we strive to protect our user's personal information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk.
We may also collect non-personal information such as your IP address and use 'cookies' on the website. The information obtained from collecting IP addresses and using 'cookies' is not personal information about you. For more information, please read the sections on IP addresses and cookies below.
Location-Based Information
We may collect information relating to your general location based on (1) information you manually provide, (2) the IP address of your computer, (3) Global Positioning System (GPS) information sent to us by your GPS-enabled device, and (4) the proximity of your laptop computer, mobile wireless device, personal digital assistant, personal communication system, or other communications device (your “Personal Communication Device”) to the nearest radio tower or cell site. We may also be able to detect when your Personal Communication Device is activated as well as when and how you are using it. Oh Happy Day may collect data to verify the information you provide manually and to provide you with location-based content. We may associate Personally Identifiable Information with location-based information provided by you or your Personal Communication Device solely for our internal use and to improve your experience with the Services.
Site Visitorship Data: Site visitorship data is information about the way a website is used that is not associated with an individual’s identity. We use anonymous data regarding online behavior to better understand how people use our Services. To that end, we may use aggregated, anonymous online traffic behavior along with information from third parties to track usage trends and thereby improve the Services. We may also use this aggregated, anonymous information to develop reports that we may share with third party marketing partners and affiliates. The kind of information we may collect includes:
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the date and time you access the Services;
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your internet service provider, mobile carrier, or data services provider;
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your Internet Protocol (IP) address;
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the pages you visit;
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the products you purchase and review;
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the links you click;
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the features used;
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how and when you interact with the services;
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the content, images and advertisements you select; and
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how you arrived at the Services and where you go when you leave.
- By providing us your personally identifiable information grants Oh Happy Day, the right to use such information for the provision of Services to you and for the benefit of Oh Happy Day without restrictions for the purposes that include, without limitation, research, marketing, and content, product and lead development.
- Oh Happy Day may share information we collect with our business and third party marketing partners. If we share your information, we will request that such third parties treat your information in accordance with this Privacy Policy and refrain from disclosing or using your personally identifiable information for purposes other than for the provision of Services to you or for the benefit of Oh Happy Day. Oh Happy Day does not provide personally identifiable information to unaffiliated third parties for use in marketing directly to you. To the extent required, you hereby authorize this use of your personally identifiable information.
- We may disclose information we collect, including personally identifiable information, to third parties as required or permitted by law. For example, we may disclose information:
● to regulators;
● to law enforcement authorities pursuant to an official request;
● to vendors who provide us with services; and
● to companies that may acquire part or all of Oh Happy Day or an affiliated company.
Oh Happy Day is not responsible for the protection of the information you provide to other websites. You should be aware that when you voluntarily disclose personally identifiable information through other applications and websites, such information can be collected and used by others and may result in unsolicited communications.
Advertising: We may use third-party companies to serve ads and provide content through the Services. These companies may use cookies and other Data Collection Tools that are not sent by us to learn about your use of the Services and other websites and apps in order to present personalized advertisements and other messages that may be of interest to you. Oh Happy Day is not responsible for such cookies and tracking software.
Commercial Transactions: Circumstances may arise where, whether for strategic or other reasons, we decide to sell, buy, merge or otherwise reorganize our business. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers or joint venture partners, or the receipt of it from sellers. It is our practice to seek appropriate protection for information in these types of transactions.
Information Security: Whenever you enter an area of the site that carries or requires you to enter sensitive information such as your credit card details, a padlock icon will appear in the address bar of your browser, indicating that the page is secure. Oh Happy Day uses the Secure Sockets Layer (SSL) and Private Communications Technology security standards that are supported by Microsoft Internet Explorer 4.0 or later and other popular browsers. SSL encodes your personal information by encrypting credit card number, name, address, phone number, identification number and your password so that they cannot be read by unauthorized parties.
While we may provide encryption technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Oh Happy Day may implement certain physical, technological and managerial procedures to safeguard the personally identifiable information we collect. However, these procedures do not guarantee that the information will remain secure against theft or misuse.
Communications: From time to time, Oh Happy Day and its affiliates may communicate with you regarding your transactions and the administration of your account, current projects, special offers, invitations to events, offers for services, new product previews and updates to the Services, press releases and announcements concerning the services we provide, contests and sweepstakes, as well as important changes in our Terms of Use and this Privacy Policy. By providing us with your e-mail address and/or your mobile phone number, you consent to receiving such communications. If at any time you decide for any reason that you no longer wish to receive such communications, you may “opt out” of receiving them by using one of the following methods:
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Select the “opt out” or “unsubscribe” link, or follow the opt-out instructions that may be included in such communication.
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Where applicable, return to the web page(s) or service where you originally registered your preferences and follow the opt-out instructions.
- E-mail us at wholesale@ohhappyday.com. Be sure to provide your name, e-mail address and postal address, and specific relevant information about the particular service you no longer wish to receive.
Please be aware that when you opt out of receiving communications, it may affect the services you have chosen to receive from us where accepting the communications is a condition of receiving such services. By registering as a user or purchasing products, you consent to receiving administration and transaction related communications.
Hyperlinks and Referrals: Other websites accessible through the Services (through hyperlinks, advertisements or otherwise) have their own privacy policies and data collection, use and disclosure practices. Please consult their terms and conditions and privacy policies prior to use.
We do not, even periodically, review the privacy policies or terms of use of third parties and we are not responsible or liable for their privacy practices, availability or reliability of the services they may provide, or the accuracy or completeness of their content.
Children’s Privacy: We do not knowingly collect or distribute personally identifiable information from children under the age of 13. As one measure to ensure that we do not gather personally identifiable information from children under 13, we require that all individuals provide a valid credit card number before completing a purchase order. If you are the parent or guardian of a child under the age of 13 and believe that we have collected personally identifiable information contrary to this policy or, in the United States, the Children’s Online Privacy Protection Act (COPPA), please contact us by e-mail so that we may delete such information. You can learn more about COPPA at the United States Federal Trade Commission website: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html
Safe Harbor Data Privacy Notice: In the US, Oh Happy Day adheres to the Safe Harbor Principles published by the U.S. Department of Commerce (the “Safe Harbor Principles”) with respect to personally identifiable information it receives from the European Union. This notice outlines Oh Happy Day’s general policy and practices in compliance with the Safe Harbor Principles, including the type of information to which this notice applies, how we use information, and your choices regarding our use of, and your ability to correct, your personally identifiable information. For purposes of this notice, “personally identifiable information” includes information (a) transferred from the European Union to the United States; (b) recorded in any form by us; and (c) pertaining to a specific individual who is identified in, or is identifiable from, the data. This notice applies to all personally identifiable information we handle, including on-line (except as noted below), off-line, and manually processed data. If there is any conflict between this Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles will apply.
Notice and Choice
We obtain personal information only as permitted by the Safe Harbor Principles or with the consent of the individual affected. We may ask for your consent to collect, use, and/or disclose personal information in certain ways, and you may be required to give your consent in order to use our services. To the extent permitted under the Safe Harbor Principles, we reserve the right to process personal information in the course of providing services through the Services without the knowledge of individuals involved.
Transfers
Oh Happy Day will obtain assurances from its affiliates that they will safeguard personal information consistently with this Privacy Policy. If we learn that an affiliate is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take steps to prevent or stop the use or disclosure.
Security & Enforcement
Oh Happy Day will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. We cannot guarantee, in every circumstance, the security of the personal information you provide through the Services. All incoming encrypted information is routed through our firewall, which serves as a gatekeeper for our system. Only data containing the correct authorization is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity.