Wholesale Terms and Conditions

If you're a wholesale customer, our lawyers want you to know…

The Bears Den Gallery LLC (dba Bear Den) sells both B2B (business to business) and B2C (business to consumer). These terms and conditions apply to B2B only.

ORDER TERMS
New business customers must submit a copy of your resale certificate or sales tax license with your first order.

$150.00 Opening Order Minimum per delivery destination.

$100.00 Re-Order Minimum per delivery destination.

Re-orders below the minimum are OK! But… orders under Minimum Order will have a $20 processing fee.
Backorders will be generated if item(s) are out-of-stock. Unless otherwise specified, backorders will be shipped with the next order.

CANCELLATION & CHANGE OF SHIP DATE POLICY
Our items are handmade and often made to order. Cancellations or changes to ship date must be made within 48-hours of placing an order. Any cancellation after 48-hours will result in a 25% fee. Shipped orders cannot be canceled.

Returns will be made at the sole discretion of Bear Den and will only be accepted after obtaining written authorization from Bear Den. Returns will be subject to a 35% restocking fee and freight charges both ways.

PAYMENT TERMS
OPENING ORDERS: All orders must be PREPAID by Cash, Credit Card, or Check. CREDIT CARDS will be billed at the time of shipping and will incur a 3% service fee.

NET TERMS: unless otherwise specified (i.e.. a "show special") net terms are not currently offered. Payment is due when orders are placed.

RETURNED CHECKS: $50.00 service fee will be charged to your account for checks that are returned.

SHIPPING
REQUESTED SHIP DATE: A requested ship date indicates the desired date at which time Bear Den will ship merchandise. Bear Den reserves the right to ship the product within a reasonable time (5-7 days) before or after the requested ship date. If you do not wish your order shipped prior to the requested ship date or slightly after, this must be clearly indicated on the order.

CONTINENTAL US: We ship via UPS Ground (unless otherwise specified) from our facility in Suttons Bay, MI.Normal shipping time is 10-15 days from receipt of order (not including transit by the carrier). Larger
orders may be shipped by common carrier truck. Specify if lift gate is required.

OUTSIDE CONTINENTAL US: Contact us for shipping rates and additional information.

CLAIMS
All claims must be made within 7 days of receipt of shipment. Please check your order immediately upon receipt. To report a claim email [email protected]

Damages in Shipment: You must write ‘DAMAGED’ when signing for a shipment. Retain the damaged items and the interior and exterior packing cartons for inspection by the carrier who may require this verification for processing the claim. Please fill out this form and send along with photos to [email protected] and we will help in processing the damage claim with the carrier.

Defective or damaged product, shortages or incorrect items sent: Bear Den merchandise is handcrafted so there will naturally be some variations in color, texture and finish, as well as slight irregularities. These are not considered flaws or defects. If however there is clearly a defect or damaged part, Bear Den stands behind the quality of all our products and will issue merchandise credits or replacements upon submission of photo proof.

RETURNS
Returns must have prior approval from Bear Den in writing (typically by email). A 35% restocking fee plus freight charges will be deducted from the credit, except in the case of our error. Returned merchandise must be in perfect salable condition, in the original packaging with no retail price stickers on them. Final credit amount is contingent upon the condition of goods when received.

Refused Shipments: Please don’t do it! Even if it rattles or you don’t remember ordering it - please accept delivery and then call us! We promise we will correct any problems and reimburse you for any unwarranted expense.

COPYRIGHTS & PATENTS
Bear Den, the Bear Den paw logo, the Made in the Mitten phrase and logo, the contraction ‘Toskey, and the Home is Where the Heart is phrase and logo are the intellectual property of The Bears Den Gallery, LLC. and are protected by either registered or common-law trademark. All rights reserved. Digital and print media of our products and all items within are protected intellectual property of The Bears Den Gallery, LLC. All rights reserved. No images or items may be reproduced in any form without express written permission. Contact [email protected] for image use details.

Limitation of Use and Confidentiality: Bear Den has developed proprietary giftware product designs that they manufacture, market and sell wholesale in the gift & home décor industry. Bear Den has entered into an agreement with the Recipient in which the Recipient will purchase these products at wholesale from Bear Den to sell at retail through the recipient’s retail store(s), mail order catalog(s), and/or website(s). Therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties agree to the following:
1. Limitation of Use Recipient agrees not to use Bear Den proprietary giftware product designs in any way whatsoever for competitive use in any business, present or future; including but not limited to manufacture or otherwise adaptation, imitation, redesign, or modification. Nothing in this agreement shall be deemed to give Recipient any rights whatsoever in and to the use of Bear Den proprietary giftware product designs.

2.Confidentiality
Recipient understands and agrees that the unauthorized disclosure of Bear Den proprietary giftware product designs to other manufacturers or persons for the purpose of competition would irreparably damage Bear Den. As consideration and in return for the disclosure of this information, the Recipient shall keep secret and hold in confidence all such information and treat the information as if it were the Recipient’s own property by not disclosing it to any person or entity.

General Terms

Waiver & Severability: Our failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of these terms by BEAR DEN must be in a writing signed by an authorized officer of BEAR DEN and expressly referencing the applicable provisions of the Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

Transfer & Assignment: This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of BEAR DEN. BEAR DEN may assign this Agreement upon 10 days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

Changes to these Terms

Our products and services are always evolving and may change from time to time without prior notice to you. The most current version of these terms and conditions and will be kept at https://www.thebeardengallery.com/service/wholesale-terms-and-conditions. Changes are effective when posted. BEAR DEN may also notify you of changes if we believe them to be material to this Agreement. If you continue to merchandise, sell, display, or place order(s) after changes become effective, you agree to be bound by the revised terms and conditions.