Charlie Southern Terms and Conditions

Terms and Conditions

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.

 

All orders are printed to order and take an average of 1-2 weeks from order to delivery.

Eligibility
The wholesale portion of our website is only accessible to retailers. You must have a valid seller’s permit, and you must have a retail business to purchase goods from us. By registering in CharlieSouthern.com you warrant and agree that you have a valid reseller’s permit, a retail business that is in operation, and that you intend to abide by all the terms of use under this agreement.

User Responsibilities
As a registered member, you must agree to:

  • The Charlie Southern line cannot be in any trunk or trade show at any time without approval.
  • First order minimum $500 per location.
  • Retailer must reorder quarterly to keep zip code protected. If a retailer fails to reorder quarterly their zip code will be open to other stores. 
  • All customers carrying Charlie Southern are required to have a storefront location. If you only have an online store or if you wish to sell online only you must first receive prior written approval from your sales representative.
  • Accounts with more than one store must have each location approved before the line can be sold.
  • All orders placed at an apparel market are considered final.
  • Please respect that we have a 2-2.5 mark-up that we require our customers to honor. If you fail to honor this markup we will mark your account as in-active.
  • Cross Referencing of styles is available for stores that are in close proximity.
  • No order cancellations. Please contact Charlie Southern if you have any questions. 

As a registered member, you must agree not to:

  • Use this website for unlawful purposes in any manner or way
  • Misrepresent one’s self or impersonate another, for the purpose of registering in CharlieSouthern.com
  • Attempt to unlawfully access any account, images, or other content that is being granted to you by accessing this site.
  • Disclose or share your password with third parties. You may not use your password for any unauthorized purpose. 
  • If your account qualities for net 30 terms and we do not receive full payment within the due date of your invoice you will be charged a 10% late fee on top of your total due. Your payment will then need to be int he corm of a credut card or PayPal payment.

Shipping Information
All orders will ship out via UPS or USPS only. All orders will be via UPS or USPS ground unless specified otherwise. Shipping charges are to be determined, and we calculate your shipping charges only after the package is sealed and weighed. All shipments must be made to a valid address, as we do not ship to PO Boxes. Your shipment must be sent to your registered place of business, not a location where weather elements may damage the shipment.  If your payment is declined, your order will be shipped once payment is released. If your payment is not released in a timely manner, we may at our discretion cancel your order. We ship from Monday through Friday, excluding holidays.

Intellectual Property

You acknowledge that the goods purchased by you from Charlie Southern, whether individually or as components of a distinctive product line (collectively the "Goods") contain distinctive designs (the "Designs"), which designs are and shall remain the separate intellectual property of Charlie Southern.  You further acknowledge that trademarks, service marks, and/or trade names (collectively the "Marks") of Charlie Southern used in the site or on the Designs are the property of Charlie Southern; title to, ownership of and gain in goodwill through use of such Marks will remain with and inure to Charlie Southern.  By this agreement Charlie Southern grants to you a limited, non-assignable and revocable license to reproduce and/or use the Designs and the Marks in connection with the marketing and sale of the Goods.  You shall not use or display the Designs or the Marks in any manner that could reasonably be expected to have an adverse impact on the goodwill associated with such Designs, diminish their image, or otherwise harm the corporate image, business or reputation of Charlie Southern.  If Charlie Southern finds that its Designs and/or Marks are being used in such a manner, Charlie Southern shall have the right to direct you to cease and or appropriately modify such use, or terminate this license, in Charlie Southern's sole discretion.  Except for the rights and license expressly granted under this agreement, nothing herein shall be deemed to grant to you any right, title or interest in the Designs or Marks.  You agree not to register, attempt to register, claim an interest in, contest the use of, or otherwise adversely affect any of Charlie Southern's ownership of intellectual property rights in the Designs or Marks, including any act which may assist any infringement of the Designs by any other party.  You agree that in the event of any material breach of this license, Charlie Southern is entitled an injunction or other equitable relief in additional to any other remedies.  You furthermore agree to execute any additional documents that may be deemed necessary by Charlie Southern to protect its intellectual property rights in the Goods, Designs and/or Marks.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Charlie Southern disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Charlie Southern does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Charlie Southern does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Charlie Southern shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Charlie Southern has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or 
completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Charlie Southern without notice at any time, for any reason. The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Charlie Southern may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Charlie Southern.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arkansas, 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 Charlie Southern products) shall be in the state or federal courts located in Washington County, Arkansas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Charlie Southern products) must be commenced within one (1) year after the claim or cause of action arises. Charlie Southern’s 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. Charlie Southern may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Charlie Southern or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Charlie Southern does not and cannot review all communications and materials 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, Charlie Southern 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, Charlie Southern 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 Charlie Southern in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Southern Charlie, 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 Internet account.

We value you as a Charlie Southern customer, and enforce these restrictions to protect you! Thank you for your business!

Sincerely,
Charlie Southern and Co. 

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