Order terms

Wholesale & Consignment

1. PAYMENT TERMS

1.1 Wholesale Orders: Payment is due within thirty (30) days of invoice date (“Net 30”). New customers may be required to pay upon receipt until credit is established.

1.2 Consignment Orders: Payment is due by the 1st of each month for the prior month’s sales. Retailer must provide a sales report with payment showing books sold and remaining inventory.

1.3 Accepted Payment Methods: Check, Credit Card, Cash, and ATH. Checks should be made payable to Monica Surrena.

1.4 Late Payments: Overdue balances will incur a late fee of 1.5% per month (18% annually) or the maximum rate permitted by Puerto Rico law, whichever is less.

2. WHOLESALE PRICING AND DISCOUNTS

2.1 Current Pricing: Wholesale price is $15.00 per book. Orders of 100+ books receive a discounted rate of $12.50 per book.

2.2 Price Changes: Clu Creative reserves the right to modify pricing with thirty (30) days written notice to established customers.

2.3 Tax: All sales are exempt from IVU (Puerto Rico sales tax) as indicated on the order form.

3. ORDER ACCEPTANCE AND CANCELLATION

3.1 Order Acceptance: All orders are subject to acceptance by Clu Creative. We reserve the right to refuse any order for any reason.

3.2 Order Binding: Orders become binding upon signature by both parties or upon shipment of goods, whichever occurs first.

3.3 Cancellation by Customer: Orders may be cancelled within 24 hours of placement without penalty. After 24 hours, cancellations may be subject to a 15% restocking fee.

3.4 Cancellation by Clu Creative: We reserve the right to cancel orders due to inventory shortages, printing delays, or other unforeseen circumstances. In such cases, any payment received will be fully refunded.

4. SHIPPING AND DELIVERY

4.1 Shipping Costs: Free delivery is provided as indicated on the order form. Any additional shipping requests may incur extra charges.

4.2 Delivery Timeframe: We will make reasonable efforts to deliver within the timeframe specified on the order form, but delivery dates are estimates, not guarantees.

4.3 Risk of Loss: Risk of loss passes to the customer upon delivery to the address specified on the order form. (Title transfers only upon full payment, as specified in Section 7.1).

4.4 Inspection: Customer must inspect goods upon receipt and report any damage or shortage within five (5) business days.

5. RETURNS AND EXCHANGES

5.1 Wholesale Returns: Final Sale and non-returnable. Damaged or defective books will be replaced at no charge if reported within 5 business days of receipt. 

5.2 Damaged or Defective Books: Books damaged in shipping or found to be defective will be replaced at no charge if reported within five (5) business days of receipt.

6. CONSIGNMENT TERMS

6.1 Consignment Period: Books placed on consignment remain the property of Clu Creative until sold. The standard consignment period is six (6) months, renewable by mutual agreement.

6.2 Revenue Split: Retailer receives 40% of the retail price per book sold. Clu Creative receives 60%.

6.3 Retailer Responsibilities: Retailer agrees to:

  • Display books in a prominent, appropriate location
  • Maintain books in good, saleable condition
  • Provide accurate monthly sales reports by the 1st of each month
  • Remit payment for sold books by the 1st of each month
  • Notify Clu Creative immediately of any damage, theft, or loss

6.4 Loss and Damage: Retailer is responsible for books lost, stolen, or damaged while in their possession and must pay the wholesale price ($15.00) for each book.

6.5 Inventory Retrieval: Clu Creative reserves the right to retrieve unsold inventory at any time with seven (7) days written notice. If the retailer location is OUTSIDE of Puerto Rico, they must pay return shipping.

6.6 Consignment Termination: Either party may terminate the consignment arrangement with thirty (30) days written notice. Upon termination, all unsold inventory must be returned to Clu Creative or purchased at wholesale price.

7. TITLE AND OWNERSHIP

7.1 Wholesale: Title and ownership transfer to customer upon payment in full.

7.2 Consignment: Title and ownership remain with Clu Creative until books are sold to end customers.

8. INTELLECTUAL PROPERTY

8.1 Copyright: “The Cats of Old San Juan” and all associated content, images, and branding are protected by copyright and owned by Monica Surrena/Clu Creative.

8.2 Restrictions: Customer may not reproduce, copy, or create derivative works from the book or its contents without express written permission.

8.3 Use of Images: Any promotional images or materials provided by Clu Creative may be used only for the purpose of promoting and selling the book.

9. LIMITATION OF LIABILITY

9.1 Warranty Disclaimer: Books are sold “as is” without warranties of any kind beyond normal merchantability and fitness for purpose as a printed book.

9.2 Liability Cap: Clu Creative’s total liability for any claim arising from this order shall not exceed the amount paid by customer for the books in question.

9.3 No Consequential Damages: Clu Creative shall not be liable for indirect, incidental, special, or consequential damages including lost profits or business interruption.

10. GOVERNING LAW AND DISPUTES

10.1 Governing Law: This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico.

10.2 Venue: Any legal action arising from this agreement shall be brought exclusively in the courts of Puerto Rico.

10.3 Dispute Resolution: Parties agree to first attempt to resolve disputes through good faith negotiation. If unsuccessful, parties may pursue mediation before litigation.

11. GENERAL PROVISIONS

11.1 Entire Agreement: This document, together with the order form, constitutes the entire agreement between the parties regarding the subject matter herein.

11.2 Modifications: Clu Creative reserves the right to modify these terms with thirty (30) days notice. Continued business after notice constitutes acceptance of modified terms.

11.3 Severability: If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

11.4 Assignment: Customer may not assign or transfer their rights or obligations under this agreement without prior written consent from Clu Creative.

11.5 Force Majeure: Neither party shall be liable for failure to perform due to causes beyond reasonable control including natural disasters, government actions, strikes, or supply chain disruptions.

11.6 Waiver: Failure to enforce any provision of these terms shall not constitute a waiver of that provision or any other provision.

12. CONTACT INFORMATION

For questions regarding these Terms and Conditions, please contact:

Monica Surrena

Clu Creative

PO Box 588

Culebra, Puerto Rico 00775

Phone: (787) 909-8394

Email: mjsurrena@gmail.com

Reseñas del Libro

Rated 5 out of 5

“This book is great for kids from 9 - 99! It took all of a few minutes to pull me into the magic of this incredible story teller. Deep into a world where everything is possible. I couldn’t put it down! Lessons for all weaved into the story by a master storyteller! Highly entertaining and I recommend this for everyone that enjoys a great adventurous read!”

Rated 5 out of 5

“This book has great characters, both fantastic and relatable. The story line has a mix of historical fact and compelling fiction that's keeps you interested and excited to find out what happens next. I was actually sad to see the story end. Will watch for any sequels for sure!”

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