Your Ultimate Plus Size Lingerie Boutique

Lingerie for Curvy Women Sizes 10-28

  • 800.220.8878  
  • 8:00 AM - 5:00 PM
    PST (MON-FRI)

 

1. Prices and Payment.

1.1 Prices. Seller may change wholesale prices upon no less than Notice of price change period five (5) days prior notice to Customer.

1.2 Purchase Orders. Customer must submit written or digital purchase orders for the Merchandise no later than ten (10) business days prior to the requested delivery date, setting forth quantity, type, and requested delivery date of Merchandise. Purchase orders received fewer than ten (10) business days prior to the requested delivery date shall be filled at Seller’s discretion and subject to express shipping charges (to be paid by Customer). All orders are processed subject to availability.

1.3 Payment and Payment Method. All orders must be accompanied by pre-payment.  We accept credit card payments over the phone at 800.220.8878.  We will also accept electronic funds transfers by ACH or wire.  Bank instructions are provided upon request.  Seller will not fulfill Customer’s order until the payment has been cleared and received in our bank.

1.4 MSRP.  Merchandise purchased from Seller shall only be sold at the manufacturer’s suggested retail price (MSRP).  In the event the Seller chooses to place the Merchandise for sale at a discount, the Seller will record the new MSRP on its website at www.hipsandcurves.com.  Permission for special sale events must be requested in writing to the Seller up to thirty (30) days in advance of the sale event.  Failure of the Customer to adhere to Seller’s MSRP could result in the termination of the agreement.

1.5 Sales Tax.  When purchasing items for resale, Customer may avoid sales tax by providing Seller a copy of a valid resale certificate.  A copy of a blank resale certificate is located at www.boe.ca.gov/pdf/boe230.pdf.

2. Shipping. Customer will be responsible for all Merchandise shipping and handling expenses, including (if applicable), customs clearance, import/export fees, freight risks and insurance, and Customer may be required to act as the importer of record for international shipments. Customer must notify Seller of any claimed shipping error or damage within Time limit to notify of error or damage five (5) days of receipt of Merchandise. Customer’s failure to give such notice within that five-day period shall be deemed a waiver of Customer's claim for incorrect or damaged shipments.  Seller will use USPS, FedEX or UPS Ground shipping based on cost affordability, unless Customer requests an expedited mode of shipping.  On all orders, we include the cost of packaging materials and handlings fees in your shipping total.

3. Returns. It is the responsibility of the Customer to inspect upon receipt that all Merchandise delivered matches its order.  Within seven (7) days of Customer’s receipt of Merchandise, Customer may return (i) Merchandise that does not conform to Seller’s product specifications or (ii), Merchandise damaged or shipped incorrectly.   Returns will be credited to Customer’s account or replaced.

4. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER. IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF CUSTOMER.

5.1 Product Images.  Seller will make available images that you might require for your print and online presence. Any imagery Customer creates and use for Seller’s Merchandise must be approved by Seller prior to use (please allow adequate lead-time for approval, two weeks recommended.)  In no instance, should the Customer display images of Hips and Curves merchandise alongside or on the same page as sexual accessories and novelty goods.

5.2 Web Commerce.  No products or goods purchased from Seller shall be resold by or through any online store, marketplace or auction website (such as Amazon, Ebay or other similar website) without the express, written authority of Seller.  The Customer has permission to sell Merchandise purchased from Seller on the Customer’s branded domain website. 

5.3 Confidentiality.  Both Seller and Customer that they will not at any time disclose to any person any confidential information concerning the business, affairs, customers, products, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as stated in this clause.  Confidential information includes the proprietary information, technical data, trade secrets or know-how, including, but not limited to, ideas, works of authorship, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed by the Seller or any affiliate of the Seller either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment. 

Each party may disclose the other party’s confidential information:

a)      To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement.  Each party shall procure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause; and

b)      As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

6.1 Buyer-Seller Relationship. The relationship created by this agreement is solely a buyer-seller relationship. This agreement does not make either party the employee, agent, or legal representative of the other for any purpose whatsoever.

6.2 Governing Law; Dispute Resolution. This Agreement shall be governed laws of the State of California.  Any dispute arising from this agreement shall first be addressed by the parties through informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty days of the date of the first dispute resolution meeting, the parties agree to mediate the dispute in a mutually agreed-upon place with a mutually agreed-upon mediator, the costs of which shall be borne equally by the parties. In the event the dispute is not resolved through mediation, the dispute shall be settled by binding arbitration before a single arbitrator in the city of Los Angeles in accordance of the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in the city of Los Angeles.

6.3 Revisions to Agreement.  Seller reserves the right to change the terms of this Agreement as necessary.  Prices and quantities are subject to change without notice. 

6.4 Termination.  This Agreement shall commence on the date hereof and shall be in effect until terminated as per Section 6.4 herein. 

This Agreement may be terminated immediately by either party if the other party is in breach of this agreement and fails to correct such breach within ten (10) days of written notice of such breach. A breach giving rise to termination of this Agreement may include failure by the Customer to pay any amount due to Seller hereunder, and may include Customer not in compliance with the Wholesale Account Terms described herein.  This Agreement may be terminated for convenience by either party upon thirty (30) days’ prior written notice to the other party. 

Seller’s notification address:

CMI ENTERPRISES, LLC.

c/o Finance Department

11099 S. La Cienega Blvd., Suite 170

Los Angeles, CA 90045

6.5 Severability.  If any provision of this Agreement is found by a court or other tribunal, as and when agreed to by the parties, to be illegal, invalid or unenforceable, then such provision shall not be voided, but shall be enforced to the maximum extent permissible under applicable law, and the remainder of this Agreement shall remain in full force and effect.