GENERAL  

All wholesale purchases and sales of THABER products to customers shall be subject  to the following terms and conditions. These terms and conditions, any THABER  approved purchase order, and any THABER invoice comprise the entire agreement  between THABER and the customer and supersede all previous contracts or  agreements between THABER and customer. 

All terms and conditions contained in any purchase order or similar order form from  customer are hereby rejected, unless otherwise approved by THABER in writing. 

BASIS OF SALE  

To qualify for wholesale purchases, you must be a valid retail business and by agreeing  to our terms and conditions you certify that you are such. You are only authorized to  sell through the retail or online store that you have listed in a purchase order or request.  Secondary stores must receive prior written approval. 

ORDERS; PRICING  

Once you have been approved for wholesale, we will provide you with a link to make a  purchase order, which includes both our wholesale prices and our manufacturer's  suggested retail price (MSRP). 

All THABER prices are subject to change without notice. Any price disputes must be  sent to THABER in writing within 14 days of the invoice date. Any disputes and claims  brought after 14 days regarding price shall be deemed time-barred and waived. 

THABER reserves the right to refuse any order at its sole discretion.​ 

RESALE PRICE POLICY  

All THABER products have a recommended retail price as specified at the  manufacturer’s suggested retail price (MSPR) on our purchase order form. You may  resell the products for higher than the recommended retail price, but are prohibited  from reselling at less than the recommended retail price. You may offer the products for  sale at a discounted price of no less than 15% below the recommended retail price.  Any sale discount greater than 15% of the recommended retail price requires prior  written approval from THABER. 

PAYMENT INFORMATION 

All orders must be prepaid, including shipping costs, which will be added to the total  cost at checkout or to the invoice for each purchase order. 

We accept payments through all major credit cards and wire transfers. You agree,  understand and acknowledge that we may engage third party payment processors or  gateway service providers to facilitate processing of payments. Accordingly, you may  be required to follow any terms and conditions of such third party payment processors  or gateway service providers, as communicated to you, from time to time. 

SHIPPING AND HANDLING  

The customer incurs the shipping costs, at prevailing shipping prices at the time the  order is shipped. All orders usually ship within two weeks from the day an order is  placed. Or within a time frame agreed upon by both parties. However, shipping times  may vary due to high volume of orders, and/or unforeseen circumstances and factors,  outside our control. Bulk orders may require additional time.  

The liability for loss or damage in transit, or thereafter, shall pass to the customer upon  the delivery of the order to a common carrier for shipment. We strongly recommend  selecting an insurance option on your shipping.  

Customers will receive an order confirmation via email once they place an order online.  If you did not receive an order confirmation, we did not receive the order. Please  contact THABER if you do not receive an order confirmation. An invoice is emailed  once the order is confirmed. 

Any cancellations or changes, once the order is in process or packed, are subject to  handling and restocking fee of 20%.  

THABER delivers to both commercial and residential addresses. THABER will not be responsible for any shipping delays, non-delivery, damage or loss caused by the  carrier, during shipping. THABER will not be responsible for shortages occurring when  shipments are directed to a third party other than the customer. Ground freight costs  provided during checkout or quotations are estimates, and subject to variations based  on size, weight, dimensions, locations and other factors. Residential deliveries carry a  surcharge. Please contact us for more information.  

If the customer wish to choose a different carrier or want to use your own UPS  account, please call or email prior to placing an order. We will do our best to  accommodate requests. 

PRODUCT AVAILABILITY 

Based on demand and sale, THABER reserves the right to change or discontinue  styles, colors, sizes, fabric, and/or change packaging, without notice. Slight variances  in color can occur from order to order. Prices, product availability and delivery  conditions are subject to change without notice.  

RETURN POLICY  

Complete customer satisfaction is our primary goal at THABER. Due to the possibility  of human error, it is the customers’ responsibility to verify that the merchandise  received matches what was ordered and resolve any claims with THABER before  garments are altered. It is the customers’ responsibility to inspect and test all  merchandise before washing, printing, or any type of decorating. Once merchandise is  altered in any way (screen printed, embroidered, relabeled, washed, dyed, tags  removed, embellished, etc.), the customer cannot return or make any claims/ exchanges. 

Products claims must be made within 7 days of receipt of goods. Goods must be  returned in original condition and accompanied by a copy of the original packing list.  Returns will only be accepted with prior authorization. Return shipments will be  refused, if no prior authorization is obtained. Customer is responsible for all return  freight charges. Samples and items on special/clearance are non-returnable. Returned  goods may be subject to a 20% restocking fee. 

Once the customer’s return is received and inspected by our warehouse return  department, we will process any applicable refund and automatically apply a credit to  the original form of payment. Please allow 10-14 business days for processing. 

There may be variations in size, colors, thickness, etc. between batches of products,  which may create unique and natural variances in texture, distress, and shade. These  should be considered enhancements to the product and are not considered grounds  for returns.  

Where there has been a genuine manufacturing error (i.e. holes, torn clothing, etc.),  THABER will investigate and endeavor to repair or replace affected goods as we see fit  in order to supply garments to your specification. This does not include ordering errors  on the part of the customer, and does not supersede other related terms. 

COPYRIGHT & INTELLECTUAL PROPERTY  

All of the designs, products, and content within and any materials made available on  the website are the sole property of THABER. The website, designs, products, images  and content within are protected by copyright and intellectual property law and may 

not be reproduced in any form without the express written consent of THABER. 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 THABER. 

MERCHANTABILITY AND MISREPRESENTATIONS  

The customer agrees that THABER makes no warranty, express or implied, as to the merchantability of THABER products. The customer also agrees that THABER is not  liable for any misuse or misrepresentations of the goods by the customer or the final  

retail purchaser or consumer, and indemnifies THABER for any legal actions that  emanate or arise from such actions. Our employees or agents are not authorized to  make any representations concerning the goods unless confirmed by THABER in  writing. 

CHANGES TO THE AGREEMENT  

FORCE MAJEURE  

THABER shall not be liable for any failure or delay in delivery or in its performance  under these terms and conditions or otherwise due to any cause beyond THABER’s  reasonable control, including, without limitation, any act of war or civil insurrection,  national emergencies, acts of God, fire, explosion, storm, earthquake, flood, embargo,  riots, sabotage, industry-wide strikes, lockouts, labor difficulties, supplier failures,  unavailability or shortages of materials, or governmental acts (collectively, “Force  Majeure”). Where any product scheduled for delivery becomes unavailable as a result  of a force majeure event, THABER may, at its sole discretion, substitute such product  with a comparable product.  

CUSTOMIZED ORDERS  

Where the customer has specific requirements which may include the modification of  our existing product designs or the addition of the customer’s own brand label or  printing then the customer will supply us with written details of any such desired  modifications together with a pdf of any design or logo requested. THABER will verify  whether the proposed modifications or logo can be incorporated within the product  and will notify the customer in writing of the additional costs and production times  associated with the work specified in the written instruction. 

All additional costs arising as a result of such customization will be added to the  invoice and shall be paid in accordance with the terms of this agreement.

In the case of customized orders, once the order has been accepted by THABER and  production has commenced, cancellations will not be accepted for any reason. 

MISCELLANEOUS  

THABER reserves the right to change the terms of these Terms and Conditions from  time to time, however, any wholesale purchase shall be subject to the then current  Terms and Conditions at the time of the order. Any term or provision of these terms and  conditions that is invalid or unenforceable in any situation shall not affect the validity or  enforceability of the offending term or condition in any other situation.