Terms and Conditions

Terms and Conditions

The following constitutes Gold Rio Swimwear Inc. (DBA Shakti activewear or Shakti) terms and conditions. All wholesale account applications are subject to approval and may require verification via a vehicle of Shakti’s choosing, but very likely a tax ID or resellers license. Shakti activewear reserves the right to terminate any wholesale account.

General Ordering Information

To qualify for wholesale purchases, you must be a valid retail business or have a physical retail space. By placing an order with Shakti activewear, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

Payments

All orders made by resellers are subject to Shakti’s approval. All orders shall be placed with a credit card through Shakti’s website. Shakti will charge your credit card at the time of your order for the entire purchase price of the order, including all shipping and processing charges, with the exception of customs and import fees, if applicable. Orders are typically sent no later than next business day. By providing a credit card number and expiration date on the order form, you are irrevocably authorizing Shakti to charge the credit card for the entire purchase price at the time of production.

Pricing Policy

Prices for Shakti items are quoted at the time of the order and are subject to change at any time without prior notice. Shakti does not guarantee all items will be in stock. Selling Online Wholesale clients may not offer Shakti products online unless approved in writing by Shakti activewear. Shakti activewear reserves the right to terminate the wholesale account if they determine the wholesale account is selling Shakti products online without permission. Shakti may take further action to remedy breach of this policy where necessary.

Returns/Defects

Any claim for defective merchandise must be reported to Shakti within seventy-two {72} hours of delivery. In the event you receive defective merchandise, you must contact Shakti in advance and all returns must be approved by Shakti.

Damage Claims

Shakti activewear will make every commercially reasonable effort to pack only first quality merchandise with carrier approved packing materials. Shakti is not responsible for damage in transit and does not insure packages with the carrier. If you would like to insure your package{s}, contact Shakti at the time you place your order. If your shipment is damaged in transit, you agree to contact the carrier and Shakti within fortyeight {48} hours of delivery. You also agree to save all packaging materials and product. You further agree not to cancel or contest payment or deduct from any invoice any amount due to Shakti as a result of a damage claim. The carrier will conduct an investigation for the damage claim and they and/or Shakti will contact you once the investigation is concluded to resolve the issue.

Copyright

All products, designs and any materials made available on the website are the sole property of Shakti activewear. The website, products, images, designs and content are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Shakti activewear. You hereby agree not to reprint, post or copy {including electronic or digital scans} any photography, sales materials or product designs without the advance, express written consent of Shakti activewear.

Intellectual Property

Any and all intellectual property right associated with this website including the products, images, designs and content presented herein, and any inventive concepts, knowhow, publicity rights, trademarks, tradedress, trade secrets, copyrights and patents {including any patentpending items} {collectively “intellectual property”} are the sole property of Shakti activewear. Except as otherwise expressly authorized by Shakti, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of this website in any way without the express written consent of Shakti activewear.

Indemnification

You agree to indemnify, defend and hold harmless Shakti activewear, it’s directors, officers, employees, assignees, agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: {i} if true, would constitute a breach of any of your agreements hereunder; and/or {ii} arises out of your negligence, willful misconduct or other breach of this Agreement.

Severability

Each section of this Agreement shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of this Agreement be declared invalid by a court of competent jurisdiction, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.

Legal Fees

You understand and agree that you are or your company is responsible for your or its own legal fees. If Shakti activewear takes any action to enforce, defend or interpret this Agreement and these terms and conditions, Shakti is entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any costs whether in litigation or otherwise, in addition to any other relief at law or in equity to which Shakti may be entitled.

Modification

Shakti reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subject to correction. No action, omission or course of conduct shall constitute a waiver of any of the terms and condition hereof, unless such waiver is specified in writing by Shakti and then, only to the extent so specified.