Wholesale Terms + Conditions

Thank you for your interest in our wholesale offerings. At Brooks Avenue, we are equally committed to creating quality products as well as cultivating long-lasting and prosperous relationships with our wholesale partners. By accessing and ordering from our site, you are confirming that you agree to abide by the terms and conditions set forth below.

Pricing

The most current price list supersedes any previous pricing or price lists. All prices are subject to change without notice. If you are E-commerce and wish to sell our products via your website, you must follow the IMAP Policy. You may not place Brooks Avenue products on your website until you have been approved. The IMAP policy states that all e-commerce websites must match our current retail pricing of 2 x wholesale price. 

Ordering

Wholesale orders may be placed at trade shows, through our sales reps, or through our wholesale website: shopbrooksavenue.com. As an apparel brand, we are committed to maintaining the integrity of our brand. Therefore, we reserve the right to carefully evaluate and determine the suitability of prospective partners for carrying our apparel range. Our primary objective is to establish enduring relationships with wholesale partners that align with our brand ethos and make logical sense for the harmonious integration of our clothing line with your offerings. 


Opening Orders + Minimums

For your opening order to comply with state law we must keep record of your resale certificate, which is necessary for sales tax exemption. A minimum opening order is $600.

We do require that you order a minimum quantity in our primary size range, which is defined as sizes small, medium, and large. For apparel, we require a minimum of one (1) per size per style and pattern for sizes S-L. For apparel with split sizing, we require a minimum of one per size per style and pattern of sizes S/M, M/L, and L/XL. For accessories and handbags, we require a minimum of two (2) per pattern.


First time orders and/or orders placed at a trade show are preliminary only and subject to final approval. Brooks Avenue reserves the right to cancel or edit proposed orders within 2 weeks of the initial order date. 

Order Revisions

Order revisions including cancellation requests must be submitted within 30 days of when the order was originally placed. 

Order Fulfillment

Orders ship as ready unless otherwise requested. If you require a faster delivery time than 2 weeks a rush fee will apply. Overnight shipping is eligible for in-stock items only and must be placed before 2:30 pm EST.  Please note, we cannot hold inventory. We carry limited quantities and cannot guarantee your desired items will be in stock in the case you would like to delay your shipment.


We do not offer returns or exchanges on wholesale orders. If your order arrives incorrectly or damaged, please email hello@shopbrooksavenue.com for further assistance. Any items that arrive defective as a result of a manufacturer’s defect must be reported within seven (7) business days from the receipt of order.  In such a scenario, please contact us immediately so that we can arrange a return shipment and assess the damage. From there, we will fix or replace any defective items. 

Exclusivity  

Our exclusivity policy applies to retail stores only, and it is dependent on volume of sales during a specified period of time. To receive zip code protection within a 3-mile radius, Brooks Avenue requires a minimum order of $5,000 every six months. The terms for exclusivity reset every six (6) months. Six-month terms are defined as January to June and July to December. Exclusivity only applies to the categories in which the retailer spends $5,000 per 6 months. 

Brooks Avenue reserves the right to deactivate a current customer account when/if another retail account within the same zip code account gains exclusivity first. 

Payment Options

Acceptable forms of payment are Visa, Master Card, Discover, and American Express. Brooks Avenue requires payment in full at time of order. 

Brooks Avenue reserves the right to deactivate a current customer account when/if another retail account within the same zip code account gains exclusivity first. 

Returned, Lost, or Stolen Goods 

All claims for returned goods or adjustments must be made within seven (7) business days of receipt of the order. No returns allowed without authorization.  

Brooks Avenue is not responsible for products that are lost or stolen.

Intellectual Property  

Unless otherwise indicated, all Brooks Avenue materials, including, without limitation, the Brooks Avenue logo, all designs, text, graphics, other files, and the selection and arrangement of, also termed the “look and feel,” are the proprietary trademarked and copyrighted property of Brooks Avenue. You may electronically copy and print to hard copy portions of our website for the sole purpose of using materials it contains for information and non-commercial, personal use only. All reproduced material requires Brooks Avenue copyright notice in the form of “© 20xx Brooks Avenue. All Rights Reserved” If displaying the brand, Brooks Avenue, you must display it “Brooks Avenue TM” This should be displayed on all relevant page(s). Any other use of the materials in our website – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Brooks Avenue is strictly prohibited. 


Jurisdiction  

The terms of this agreement will be governed by the laws of the State of North Carolina. Each person who registers on this website consents irrevocably to personal jurisdiction in such courts with the respect to any matters and waives any defense of forum non conveniens. Furthermore, each person who registers on this website is deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this agreement, our website or any services provided by Brooks Avenue.

Assignment  

The rights and obligations created for you under this agreement may not be assigned to any other party.

Force Majeure  

Brooks Avenue and any of its employees shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of Brooks Avenue.

Severance

In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. 

Complete Understanding  

These Terms and Conditions supersede any prior communication, representations, or agreements between you and Brooks avenue and constitute the complete and final agreement related to the use of our website or any services provided by Brooks Avenue.