Terms & Conditions

 

By visiting or shopping at ,you agree to the following terms and conditions of use.

Terms and Conditions

Welcome to Mardigrascreations.com

Mardigrascreations.com provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, Delivery & Shipping Policy, Refund & Return Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

2. Alterations

Mardigrascreations.com reserves the right, at any time and without prior notice, to remove from stock, change pricing on, or cease to supply any product or service contained or provided for on this website. In the event that such changes or removal takes place, we shall not be liable to you in any way whatsoever for such changes or removal.

3. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the site; however, please be aware that the representations and examples of the type of product we offer may not be error-free.

4. Intellectual Property

All information and content available on the Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is solely the property of Mardigrascreations.com, our affiliates, partners or licensors, and is protected by United States and international laws and conventions, including laws governing copyrights and trademarks. No portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever without our express, prior written consent.

5. Your Account

You may choose to register at our Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have an email address and password for your account. You are responsible for maintaining the confidentiality of your account, Email and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, Email and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you must represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

6. Representations and Warranties; Limitation of Liability

The site is presented "As is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. Accordingly, you hereby agree to hold mardigrascreations.com, harmless from any and all damages in connection there with.

7. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of Louisiana as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of Louisiana. Prior to the institution of any litigation relating in any way to your visit to the Site shall be submitted to confidential arbitration in the State of Louisiana, and you hereby agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. You hereby agree that any legal proceedings filed by you must be initiated by you in the Twenty Fourth Judicial District court in and for the Parish of Jefferson, State of Louisiana or the Untied State District Court for the Eastern District of the State of Louisiana, or their successor courts.

8. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole and absolute discretion, to change these Terms and Conditions at any time with or without prior notice by posting the changes on the Site. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof venture or any other shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitration award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.. We reserve the right to refuse service and/or terminate accounts without prior notice if any of the Terms and Conditions set forth herein are violated or if we decide, in our sole and absolute discretion, that it would be in mardigrascreations.com best interests to do so. If you have any questions regarding these Terms and Conditions, please email us at info@mardigrascreations.com.

  

 

1. Introduction These Wholesale Terms and Conditions govern the relationship between Mardi Gras Creations ("Supplier") and the purchasing entity ("Retailer") for the wholesale purchase of apparel, accessories and all other products created and distributed by the supplier. By placing an order with Supplier, Retailer agrees to abide by these terms and conditions.

2. Orders and Payment

• Retailer shall submit orders to Supplier in writing via email, text, or through Supplier’s online ordering platform.
• All orders must have a minimum order value of $250.
• All orders are subject to acceptance by Supplier. Supplier reserves the right to accept, reject, or edit any order in its sole discretion.
• Payment terms shall be specified in the invoice issued by Supplier. Unless otherwise agreed upon in writing, payment is due at the time the order is placed.
• Late payments shall incur interest at the rate of 3% per month on the outstanding balance.
• Payment can be made via credit card, cash, check, Venmo, PayPal, Zelle, Google Pay, Amazon Pay, Apple Pay, or other agreed upon payment method.

3. Pricing and Discounts

• Pricing for wholesale products shall be as specified in Supplier’s current price list and are subject to change at the Supplier's discretion.
• Supplier may offer discounts or promotions at its discretion, which shall be communicated to Retailer in writing.
• All prices are exclusive of applicable shipping, and handling fees.
• Products or goods purchased from the Supplier shall only be sold at or above the manufacturer’s suggested retail price (MSRP) up until 2 weeks prior to the Mardi Gras season.

4. Shipping and Delivery

• Supplier shall ship orders to Retailer’s designated address via the carrier of Supplier’s choice.
• Delivery dates provided by Supplier are estimates only and are not guaranteed. Supplier shall not be liable for any delays in delivery.
• Retailer shall be responsible for any customs duties, taxes, or other fees associated with the importation of the goods.
• Orders must be inspected within 48 hours of delivery for damaged or missing merchandise and be reported to the Supplier immediately with photos via email.

5. Returns and Exchanges

• Retailer may request returns or exchanges of defective or damaged products within 48 hours of receipt.
• Returned products must be in their original condition and packaging.
• Supplier reserves the right to inspect returned products and determine whether a refund, replacement, or credit will be issued.

6. Intellectual Property

• Retailer acknowledges that Supplier retains all rights, title, and interest in and to any trademarks, logos, or other intellectual property associated with the products.
• Retailer shall not use Supplier’s intellectual property, including but not limited to, photos, designs, and social media posts, without prior written consent. To request use of these items please contact Mardi Gras Creations at info@mardigrascreations.com.
• Retailer agrees not to copy, reproduce, or imitate Supplier’s designs or intellectual property in any manner. Any infringement shall result in immediate termination of this agreement and may be subject to legal action.

7. Confidentiality

• Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of their business relationship.
• The distribution of catalogs, pricing, wholesale portal logins, or any confidential information will result in a cancelation of your order and immediate termination of this agreement.

8. Termination

• Either party may terminate this agreement upon written notice if the other party breaches any material term of these Wholesale Terms and Conditions.
• Upon termination, Retailer shall promptly pay any outstanding amounts owed to Supplier.

9. Governing Law and Dispute Resolution

• These Wholesale Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Louisiana.
• Any disputes arising out of or relating to these terms shall be resolved through arbitration in Jefferson Parish in the State of Louisiana in accordance with the rules of the Twenty Fourth Judicial District court in and for the Parish of Jefferson, State of Louisiana or the Untied State District Court for the Eastern District of the State of Louisiana.

10. Entire Agreement

• These Wholesale Terms and Conditions constitute the entire agreement between Supplier and Retailer and supersede all prior agreements and understandings, whether written or oral.

By placing an order with Supplier, Retailer acknowledges that it has read, understood, and agrees to be bound by these Wholesale Terms and Conditions.

Mardi Gras Creations

info@mardigrascreaitons.com