RESALE TERMS AND CONDITIONS

Last Revised April 1, 2019

 

These resale Terms and Conditions (the “Terms and Conditions”) govern the purchase and resale all products offered for sale to you by 6228755 Canada Inc. a/k/a The Esmonde Technique (referred to as “The Esmonde Technique”) including but not limited to Classical Stretch DVDs, and all other current and future products or programs owned by or purchased from The Esmonde Technique.  (the “Products”) The Esmonde Technique may exclude at its sole discretion any products from the definition of Products by providing you notice of its exclusion.  These Terms and Conditions are incorporated into The Esmonde Technique Reseller Agreement between The Esmonde Technique and Reseller (collectively, the “Agreement”).  Unless it is expressly stated otherwise in the Agreement, if there is any inconsistency between these Terms and Conditions and the Agreement, these Terms and Conditions will govern.

 

AMMENDMENT AND NOTICE.

The Esmonde Technique may amend these Terms and Conditions at its sole discretion and at any time. Reseller is solely responsible for keeping the last listed e-mail address current and for reviewing these Terms and Conditions frequently to ensure compliance.  The Esmonde Technique’s decision to notify one, some or all resellers about a change in these terms by e-mail or other means will not obligate The Esmonde Technique to do so in the future and will not shift the responsibility from Reseller to check these Terms and Conditions.   By making an order for Products Reseller will be deemed to have checked and agreed to the then current Terms and Conditions posted on the site.  Reseller agrees that this notification method constitutes adequate notice to inform the Reseller of any amendments to the Terms and Conditions and Reseller further agrees to be bound by any such amendments.  You agree that The Esmonde Technique is not liable for any additional expenses or other damages you may incur as a result of missed changes to these Terms and Conditions.

 

SHIPPING

The Reseller is responsible and agrees to pay for any and all shipping and handling fees associated with the Reseller’s order(s). Shipping and handling fees will be charged on the basis of each individual order (quantity and weight) and the destination it is being shipped to. The Esmonde Technique does not guarantee a flat shipping rate for each order – shipping charges may vary from order to order on the basis of inventory availability. The Reseller is responsible for any and all customs charges, duties, or freight charges.

 

MERCHANT SUGGESTED RETAIL PRICE (“MSRP”)

The Merchant Suggested Retail Price (MSRP) is the regular, full price for a given DVD and may be found on “The Esmonde Technique Price Chart” at the domain provided in section 5 of the Independent Reseller Agreement. These prices do not include tax.  For products listed on the Essentrics website (www.essentrics.com) but not appearing on The Esmonde Technique Price Chart, please contact us. You may only re-sell products on The Esmonde Technique Price Chart.

 

MINIMUM ADVERTISED PRICING (“MAP”) POLICY

The Esmonde Technique enforces a MAP for resale of the Products on all resellers. The Esmonde Technique has been building a brand of strong recognition and a high perceived value since 1999. By not adhering to the established Minimum Advertised Price (MAP) a reseller can have a dramatic effect of diminishing or detracting from the perceived value of the Products. Our MAP pricing policy is intended to ensure that consumers purchase from resellers based on loyalty and customer care expectations. The Esmonde Technique may, however, sell the Products or authorize others to sell the products below the MAP at its sole discretion at any time. To the extent that you purchase the Products for resale you do so with full knowledge of this term.  You hereby waive any claims against The Esmonde Technique or any authorized reseller for selling below MAP with The Esmonde Technique’s consent.

 

The MAP policy shall work under the following guidelines:

1. The MAP for all the Products shall be no less than the MAP prices provided on the Online Pricing Sheet.
2. The MAP policy is not applicable to any in-store point of sale advertising that is displayed only in the store and not distributed to any customer(s) outside of their store.
3. MAP applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the dealer’s retail location or over the telephone.
4. MAP does not establish maximum advertised prices. All dealers and sales representatives may offer The Products at any price in excess of the MAP.
5. MAP must be followed and applied by Reseller and will be enforced by The Esmonde Technique for all products sold or advertised anywhere on the Internet including on all e-commerce platforms.

 

CUSTOMER SERVICE

The Reseller shall be responsible for responding to and addressing all customer issues and questions involving the purchase Products from the Reseller.

 

LIMITED WARRANTY

The Esmonde Technique warranties that within ten (“10”) days of delivery to Reseller prior to sale to a consumer, and for fifteen (“15”) days after sale to a consumer, that all DVDs sold to the Reseller will be a functional and working product.    The Esmonde Technique will replace any defective product which falls within the guaranty period if reported to The Esmonde Technique promptly no later than thirty (“30”) days after discovery of the defect, by way of credit to the Reseller.  No other returns are allowed.

 

DISCLAIMER OF WARRANTIES

OTHER THAN THE LIMITED WARRANTY DESCRIBED ABOVE, THE PRODUCTS ARE OFFERED “AS IS”, AND NEITHER THE ESMONDE TECHNIQUE NOR ITS DIRECTORS, OFFICERS, PARTNERS, AGENTS, EMPLOYEES, SUPPLIERS OR AFFILIATES MAKE REPRESENTATIONS OF WARRANTIES OF ANY KIND.

 

QUESTIONS OR COMMENTS

If you have any questions or comments, please send them to [email protected].

 

Or:

 

The Esmonde Technique

Attn: Legal Affairs

426 Ste-Helene, Suite 300

Montreal, QC, Canada

H2Y 2K7

514-989-0236

 

Copyright 2018 The Esmonde Technique. All Rights Reserved.