Terms of Service
Seasonal Order Terms and Conditions (Form 1450.1)
IMPORTANT NOTE: Seasonal orders placed for Gerson International products from our Book & Buy division are NOT CANCEL-ABLE after the corresponding deadline date. These Terms and Conditions are not subject to orders placed for seasonal products from At-Once Inventory (“AOI“) lists as the product offered on these AOI lists is in-stock and available for immediate shipment.
Our purchase orders to overseas factories (China, Asia, India, etc.) are placed immediately after the cut-off/deadline date, so cancellations cannot be accepted for any reason, including late delivery by The Gerson Companies. Our goal is to receive and ship orders complete and on time, however situations arise beyond our control which may delay shipment of the order in part or in whole past your requested ship date. This does not give you the right to cancel your order in part or whole.
The Gerson Companies reserves the right, in its sole discretion, to not ship specific merchandise if The Gerson Companies deems it too late for the specific intended holiday, or if the merchandise does not meet The Gerson Companies quality standards. The Gerson Companies canceling shipment of specific merchandise for any reason does not change any of the terms of the purchase order agreement or constitute a waiver by The Gerson Companies of any of the cancellation provisions of the purchase order agreement, especially relative to any additional merchandise remaining to ship on the rest of the open order.
If any shipment is refused by a customer in violation of our NOT CANCEL-ABLE Seasonal Order Terms and Conditions defined herein, we will charge a 20% restocking fee to the customer’s account.
Placement of a seasonal order constitutes your agreement with these terms.
Payment Terms are contingent on timely payment in full of all of customer’s previous orders with The Gerson Companies and any of its divisions. Any delinquencies on previous orders will require payment of the current order before delivery of the goods to customer. In the event pre-payment is required by these terms, failure to pay by the time originally designated herein for delivery of the goods constitutes a breach by customer of this Purchase Agreement.
If your bill is not paid according to the Payment Terms stated herein and it becomes necessary to use collection procedures, the customer agrees to pay and will be charged for any and all collection fees, including reasonable attorney fees. Any invoices not paid within the stated Payment Terms are subject to a monthly interest charge of 1.5% PER MONTH applied to the total amount past due. This Agreement is governed by Kansas Law and you agree that all actions arising out of or related to this Agreement shall be litigated in a court having suits in Johnson County, Kansas.
Claims and Returns
When submitting any claims with The Gerson Companies for either credit or replacement, The Gerson Companies requires the Credit/Replacement Request Form linked here to be completed in full. When submitting a return request, The Gerson Companies requires the Return Request Form linked here to be completed in full. Please see Point 7 below under POLICIES AS SEEN ON THE NEW CUSTOMER APPLICATION for additional information relating to claims.
All Claims should be emailed to Claims@GersonCompany.com for processing. If you submit a claim, you may contact The Gerson Companies Claims Department or Customer Support for more information about current status of the claim in process. If you submitted a claim that has already been processed, you may contact The Gerson Companies Claims Department for any documentation relating to that claim.
The Gerson Companies reserves the right to increase prices without prior notification due to any potential economic issues including but not limited to price increases from overseas manufacturers and/or factories.
POLICIES AS SEEN ON THE NEW ACCOUNT CUSTOMER APPLICATION
Applicant agrees that extension of credit by The Gerson Companies (hereafter referred to as “Seller”) shall be subject to and in consideration of the following terms and conditions:
- Payment of all amounts due, as evidenced by invoices from Seller, shall be made not later than the due date as indicated on each invoice (the “Due Date”) under the heading “Terms”. Amount will be deemed “in default” unless Seller receives payment on or before the Due Date. Exceptions, if any, will be indicated on the invoice.
- Amounts in default under terms as indicated in item one above will be charged interest at 1.5% per month or the maximum rate allowed by law in the Applicant’s state shown above, whichever is less. Interest will accrue from and after the first day the balance is in default.
- If Seller assigns the account to a licensed collection agency or attorney for legal action, all subsequent collection charges and legal fees shall be paid by the Applicant. Applicant agrees that one-third (1/3) of the outstanding balance due including interest, shall be deemed a reasonable attorney’s fee and/or collection cost.
- Applicant understands that Seller will make its usual credit investigation, and authorizes Applicant’s bank to release information as desired by Seller. The undersigned EXPRESSLY CONSENTS to Seller requesting and obtaining any credit bureau reports, D & B reports or the like, in connection with granting, extending, reviewing or authorizing credit and/or collection of any amounts form Applicant.
- The undersigned agrees that all credit extended shall be deemed subject to the terms herein agreed to. All terms contained herein shall supersede and control in the event of conflict with any other documents, including but not limited to Order forms and Purchase Orders. Seller’s Order form may contain additional terms which shall be considered part of this agreement.
- Invoices are emailed electronically for all open-term accounts.
- Applicant hereby waives any defense of lack of authority to place any order Seller receives that appears to be from Applicant. Applicant agrees and authorizes any order placed from and shipped to Applicant’s business or Applicant’s customer. Applicant agrees to pay Seller without limitation or defense with respect to the authority of the person placing the order.
- Claims of Damage or Defect for $150* or more require Applicant to submit a photograph of the defect and/or damage before Seller will process any claim to comply with factory requirements. *All claims of damage or defectives of products from the GG Collection® require a photograph regardless of price. Due to the hand artistry elements of GG Collection® products, some variances in appearance are part of the beauty and uniqueness of each piece and are not considered defects.
- A 20% re-stocking fee will be applied for all returned merchandise where Claims do not apply.
- With the goal of protecting the brand integrity of the GG Collection®, The Gerson Companies reserves the right to review all online websites, including social media, for Brand fit and pricing, and take action as deemed appropriate to uphold our GG Collection® Brand Identity. All online GG Collection® Sellers agree to market this line at a price that is not below the GG Collection®’s Minimum Advertised Price (MAP). Manufacturer’s Suggested Retail Price (MSRP) and MAP pricing can be found on our The Gerson Companies online shop website.
- The laws of the State of Kansas shall govern all terms of this agreement. The undersigned hereby consents to venue and jurisdiction in Johnson County, Kansas. ALL PARTIES HERETO EXPRESSLY WAIVE TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING OUT OF THIS AGREEMENT. Regardless of any terms in any purchase order submitted by Applicant for the purchase of any goods from Seller following the date of the Application, Applicant agrees that the terms of this Application shall control, except upon written modification signed by both parties.
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact The Gerson Companies Customer Support.
The Gerson Companies Customer Support
Business Hours: Monday through Friday, 8 AM – 5 PM Central Time (CST)
Phone: 1-800-444-8172 / Press 6 for Customer Service
Last Updated April 17, 2017