Terms & Conditions

General Terms & Conditions of Sale Effective June 2008

1. Governing Provisions.  Dolls by Berenguer, Inc. (DBB) agrees to provide products to authorized Dealers only on the following terms and conditions (except as supplemented and/or modified by a written dealer agreement between DBB and Dealer).  DBB’s agreement to provide the products is expressly conditioned on Dealer’s written assent to all of the terms and conditions set forth below. 

2. Sales.  Dealers may sell DBB products only from their retail location( upon approval from DBB) or through their own company-generated catalogs or Dealer’s own website (the content of which Dealer directly controls).  DBB reserves the right to include or exclude the Dealer’s name from the DEALER LISTING made available for the public.

A. Manufacturers Resale Price. Each Authorized Dealer of Dolls by Berenguer is free to establish its own resale prices; however, DBB will review the status of any Authorized Dealer who, after verification by DBB, has advertised, offered, or sold Dolls by Berenguer product below its MRP.  In order to avoid dumping of product, etc., DBB may, in its own discretion and without assuming any liability, refuse to accept any new orders from Authorized Dealers who have failed to follow MRP guidelines or any other requirements set forth in our General Terms and Agreements

B. Reborn/ Redecorated Doll Provisions. Those authorized dealers involved in the actual process of and/or the resale of supplies for “reborn” dolls must follow the following provisions. Failure to meet these requirements could lead to immediate cancellation of dealership rights and possible legal prosecution by Dolls by Berenguer, Inc.

i. Products may not be sold as parts. Dolls by Berenguer products are meant for retail sale and should not be sold in any other form.

ii. All Dolls by Berenguer dolls and products are copyright protected. Any authorized company using these dolls for reborning must make the following claim on all their product literature including but not limited to websites, e-mails, catalog, press releases: Doll or Dolls used in this product are original Dolls by Berenguer copyrighted sculpts protected by law. Any changes made to, or work done on the dolls is neither approved or guaranteed by the original manufacturer.

3.  Purchase Orders and Payment Terms. Dealers interested in opening a new account with DBB must submit a completed New Dealer Application and if applicable a Credit Application.  The minimum opening order is $200.  There is no minimum requirement for re-orders.  Merchandise must be ordered in case pack quantities.  Please see DBB’s pricelist for case pack quantities.  Each order that Dealer makes for the purchase of Products (“Order”) shall contain the following information: the item number, description, quantity and prices of the products being ordered; requested delivery dates; shipping instructions; and the address to which DBB’s invoice shall be sent.  All orders shall be subject to DBB’s acceptance.  All purchase orders (written or oral) are sold upon payment with Visa, MasterCard or Discover. For Dealers who are permitted to make purchases on credit, terms shall be net 30 days from the date of invoice.  Accounts must be current and within their credit limits for open terms.  When an account exceeds its credit limit, it will be necessary to pay down current invoices or request an increase in its credit limit with proper documentation.  Orders will be held for past-due balances.  DBB reserves the right to change the terms and required method of payment at any time in its discretion, and to charge Dealer an 18% finance charge per annum (1.5% per month) on any past due amounts. DBB reserves the right to charge Dealer’s credit card on file for any past due amounts.   A $25.00 processing fee will be charged on all returned checks.  Dealer agrees to reimburse DBB for all amounts incurred by DBB in collecting any sums owed by Dealer to DBB, including without limitation, interest and attorneys’ fees.  In the event a lawsuit is filed, Dealer agrees to jurisdiction and venue in the 11th Judicial Circuit in and for Miami-Dade County, Florida. 

4.  Return Policy.   Inspect all merchandise upon arrival.  Although items are carefully packed, sometimes orders are damaged in shipment.  To ensure you receive proper credit, please inspect your merchandise upon arrival.  Any product that is altered or modified from its original condition shall void all original guarantees for this product.  Returns must be called in to DBB prior to shipping for a Return Authorization Number.  All returns without a Return Authorization number sent to our warehouse will be refused.  Return claims must be made within 30 days of packing slip. NO EXCEPTIONS.  Please note that if the purchase order is asked to be out of box, Dolls by Berenguer, Inc. will not be held responsible for any damages due to shipment. A 10% restocking fee will be charged for all non-defective merchandise returns. Please call DBB for more information regarding Satisfaction or Defective Product Return Procedures. 

5.  Taxes and Other Costs.  Dealer is responsible for shipping charges, any sales, use, excise and other state and local taxes.

6.  Delivery.  DBB shall select a carrier unless Dealer specifies one.  Dolls by Berenguer, Inc. will ship UPS or Fed Ex ground. Upon Dealer’s request, DBB will ship next day delivery or second day delivery at an additional charge to Dealer.  All orders are shipped F.O.B. warehouse from Miami, Florida.  The shipping charge will be included on DBB’s invoice.  Items will be shipped when available unless a different ship date is agreed to by DBB . Merchandise damaged during shipping is dealer’s responsibility and claims should be directed to the shipping company.

I have read and accept the above terms and conditions _________________________________ Date ______________