EXCLUSIVE EAR ART COLLECTION

An Ear Art Collection that depicts a brand, logo, service, and or product. Exclusive Ear Art Collection designs are restricted to the contracted client.

How is an Exclusive Ear Art Collection designed?

If a clear vision for the Ear Art Collection is available, Artist Ebony London will make the vision a reality. If a vision isn’t provided, after consideration of several factors, Artist Ebony London will design and create an appropriate Ear Art Collection. The Ear Art Collection is designed by combining relevant shapes, suitable sizes, quality jewelry findings, and harmonious color palettes.

How does an Exclusive Ear Art Collection work?

The Ear Art Collection is displayed and made available for purchase ONLY at the client's place of business. (Brick & Mortar or E-commerce) A set price, per Ear Art design, is agreed upon. The client may price the Exclusive Ear Art Collection as they wish. Photos of the front, back, and both sides of each pair of Ear Art and branded gift bags are included with each order.

Who can have an Exclusive Ear Art Collection?

An Exclusive Ear Art Collection can be made available for a licensed and insured business, that owns the copyright to designs used, if applicable. 

What should I expect after signing the Exclusive Ear Art Collection Wholesaler Agreement?

The following example will provide a clear understanding of what to expect.

A dance studio owner has four different Ear Art designs in mind for her collection. The first design is the company's logo. The second design is a figure dancing. The third design is the wording of the dance company's motto. The final design is a cluster of musical notes. These four designs are created by Artist Ebony London and presented to the client for approval. The client approves. The client purchases 100 pair for the agreed-upon price of $75 each. The client sells each pair for $100. The client’s profit is $25 per pair. 

How do I apply for an Exclusive Ear Art Collection?

Please read the Exclusive Ear Art Collection Terms & Conditions and complete the application below.

Wholesaler = Ear Art By Ebony London

Retailer = Exclusive Ear Art Collection Client

TERMS & CONDITIONS

Wholesaler and Retailer Responsibilities: Retailer must maintain a current business license certificate (or state equivalent) on file and provide a copy, with Tax ID, to Wholesaler. Retailer must have a functioning URL that is owned by the entity applying for the wholesale account and/or a proof (e.g., a picture and physical address) of a brick-and-mortar store. Wholesaler will mail inventory to the Retailer, as agreed. Wholesaler is not involved in the actual transaction between the Retailer and the Customer. Retailer will be responsible for providing exemplary customer service to all actual and potential customers, including taking reasonable measures to respond to all customer inquiries. Wholesaler is not the agent of either the Retailer or the Customer.

Representation of Product: Wholesaler retains all rights to all images of products provided and retains the right to prohibit the use of any and all images provided. Retailer may not use any of the images contained within the provided photos for any other purpose other than to gain sales. Retailer may not use any images provided in any other medium than in or on the specified website or store without prior written consent of Wholesaler. Retailer may not alter (e.g., crop, change background colors, add text) provided photos other than to size appropriately for website and marketing materials. Retailer must describe the product in the appropriate category and may not represent the product in other categories or for other uses, without prior authorization from Wholesaler.

Storage of Product: Retailer agrees to store products inside a clean, smoke-free location.

Minimum Order Requirements: Wholesaler requires a minimum reorder of 10 pairs per desgin. Retailer is responsible for shipping fees. Shipping fee will be charged the following way: Domestic: $1.50 per pair. Each order will include photos of the front, back, and both sides of each pair of Ear Art and branded gift bags.

No products or goods purchased from or produced by Wholesaler shall be resold by Retailer through any location other than Retailers URL or brick and mortar store, including an online auction (e.g., ebay) and other selling channels (e.g. Etsy, Wanelo) without the express, written authority of the Wholesaler. Because of the exclusivity that the Wholesaler have awarded to www.EbonyLondon.com, the Retailer is not allowed to resell (meaning act as an ‘wholesaler’) for any products and goods purchased from www.ebonylondon.com or Ebony London Art Studio. If retailer resells via 3rd party, wholesaler and retailer relationship will be terminated.

Billing: At this time, the Wholesaler is not extending credit terms. All orders must be accompanied by prepaid payment in full.

Sales and Tax: Retailer agrees that it is the sole responsibility of Retailer to collect, report and remit all taxes to the correct tax authority for all business transactions, sales or revenue streaming from the sales of the Wholesaler's products. Retailer further agrees that Wholesaler is not obligated to determine whether a sales tax applies and is not responsible to collect, report or remit any tax information arising from any transaction involving the images or photos provided.

Shipping: Orders will be processed once payment is received. Turnaround time is 1-2 weeks. Orders will be shipped via insured USPS Priority Mail. A USPS tracking number will be emailed.

Errors, Returns and Warranty: Order errors and/or defects must be brought to Wholesaler's attention within five (5) business days of receipt of shipment by Retailer. Retailer will not send a knowingly defective product to a customer. Wholesale sales are considered final with no returns. We endeavor to protect your reputation, and ours; if you or your customer finds an issue related to manufacturing defects during the first 30 days after sale, we will work with you to find a resolution.

Responsibility: Wholesaler is in no way responsible or liable for the success of the Retailer's website or store, the accuracy, or legality of its content and operation. Further, the Retailer has independently evaluated the desirability of participating in the Wholesaler's Wholesale Program and is not relying on any representation, guarantee or statement other than set forth in this agreement.

Additional Responsibility: When displaying Ear Art by Ebony London, Retailer must display each pair on the existing custom Ear Art by Ebony London earring card. When Packaging and Shipping sold Ear Art, Retailer must package Ear Art by Ebony London in the provided branded tote gift bag.  A custom business card with both the Wholesaler & Retailer’s logo is acceptable. The retailer must receive approval for the design by the Wholesaler prior to the use of the custom business card.

Right to Modify: Wholesaler retains the right to modify this agreement at any time. Changes will not be retroactive.

Right to end the Wholesale Agreement: Both the Wholesaler and Retailer may end the Agreement at any time and for any reason. All orders made by the Retailer, up to the date the agreement ends, will be satisfied.

Severability: If any provisions or sections of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision or section shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Assigned Code: Approved Retailers will be assigned a code to purchase existing Ear Art by Ebony London inventory at 25% off the retail price. Retailers cannot share their assigned code, nor order on behalf of a third party.