TERMS AND CONDITIONS FOR FOOTWAVE WHOLESALE DEALER APPLICATION
These Terms and Conditions (“Terms”) govern the application and ongoing relationship between FootMedical Inc. (mailing address: 112 Capitol Trail, Suite A, Newark, Delaware 19711), manufacturer and distributor of FootWave (“we,” “us,” or “our”) and wholesale dealers (“Dealer,” “you,” or “your”, Appendix 1: Account Form). By applying to become a wholesale dealer and/or purchasing FootWave products from FootMedical, you agree to these Terms.
1. Dealer Application
a. Eligibility
To become a wholesale dealer of FootWave products, you must complete our wholesale dealer application (Appendix 1: Account Form) and be approved by FootMedical. We reserve the right to approve or deny any application at our sole discretion.
b. Account Information
You agree to provide accurate and complete information in your application and to update such information as necessary to keep it accurate and complete.
2. Payment Terms
a. Net 30 Payment Terms
Approved Dealers are granted 30-day payment terms. Payment is due within 30 days from the invoice date.
b. Discount for Immediate Payment
We offer a 2% discount for payments made immediately upon receipt of the invoice. To qualify for the discount, the payment must be made through the immediate payment method at footwave.com e-commerce platform checkout.
c. Late Payments
Payments not received within the 30-day term are considered late. Late payments may be subject to interest charges of 1.5% per month, charged at 0.05% daily on the amount due.
3. Ordering and Pricing
a. Minimum Order Requirements
Minimum order requirements may apply. These requirements will be communicated to you upon approval of your wholesale dealer application.
b. Pricing
Prices for FootWave products are subject to change. You will be notified of any price changes in advance.
c. Minimum Advertised Price
The Dealer is obligated to apply FootWave’s Minimum Advertised Price (MAP) Policy, available here.
4. Returns and Restocking
a. Return Authorization (RA)
All returns require a Return Authorization (RA) number. To obtain an RA number, complete the return form available at FootWave Returns or contact our customer service department at returns@footwave.com. Returns without an RA number will not be accepted.
b. Restocking Fee
A $3 restocking fee will be charged for each returned item. If the returned item meets the condition criteria (see 4.c.) but has additional labeling on the packaging, a $6 restocking fee will be charged for each item. The restocking fee will be deducted from the refund amount.
c. Condition of Returned Items
Returned items must be in their original condition and packaging. Items that are used, damaged, or not in their original condition will not be accepted.
5. 60-Day Consumer Guarantee
a. Guarantee Terms
The Dealer is obligated to accept returns from consumers under the 60-day consumer satisfaction guarantee. Consumers have 60 calendar days to return purchased goods to the Dealer’s store without providing a reason. The consumer has the right to return the goods regardless of the condition of the product itself or its packaging.To claim a refund for incurred costs, the Dealer is required to complete a return form (available at FootWave Returns, via email at returns@footwave.com, or from a Representative), in which they must provide photos of the damaged product (e.g., cut in half), the UPC label, and the purchase invoice.
b. Refunds
The Dealer is obligated to refund the consumer the full purchase price of the goods within 5 calendar days. FootMedical commits to providing credit in the amount of the Dealer’s purchase cost within 10 calendar days of receiving the return form (see 5.a.). The Dealer may use the credit for future orders.
6. Shipping and Handling
a. Shipping Costs
Shipping costs are the responsibility of the Dealer unless otherwise agreed upon. Shipping charges will be added to your invoice.
b. Risk of Loss
Risk of loss and title for products purchased from FootWave pass to you upon delivery to the carrier.
7. Confidentiality
As a Dealer, you may have access to confidential information about FootWave, including but not limited to pricing, product information, and marketing strategies. You agree to keep this information confidential and not to disclose it to any third party.
8. Termination
a. Termination by FootMedical
We reserve the right to terminate your wholesale dealer status at any time for any reason, including but not limited to non-payment, violation of these Terms, or conduct that is harmful to FootMedical’s business interests.
b. Termination by Dealer
You may terminate your wholesale dealer status at any time by providing written notice to us at b2b@footwave.com.
9. Limitation of Liability
To the fullest extent permitted by law, FootMedical shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of our products or your relationship with FootMedical as a wholesale dealer.
10. Governing Law
These Terms and any disputes arising out of or related to your relationship with FootMedical shall be governed by and construed in accordance with the laws of the Delaware, USA, without regard to its conflict of law principles.
11. Changes to These Terms
We may update these Terms from time to time. Any changes will be effective immediately upon posting on our website. Your continued use of our products and services after any changes constitutes your acceptance of the revised Terms.
