THIS LEGAL AGREEMENT BETWEEN YOU AND PERFUMARIE INC. GOVERNS YOUR USE OF OUR PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). YOU MUST READ AND UNDERSTAND THE FOLLOWING TERMS. BY USING USING THIS SITE, PRODUCT, OR ANY OF OUR SERVICES, YOU ARE ACCEPTING OUR TERMS AND CONDITIONS AS DESCRIBED IN FULL.
It is our goal to help you, our vendor partner, expand our market share; We do so by putting the customer first, which is necessary to achieve our mutual success.
Due to the critical importance of these standards, Perfumarie reserves the right to assess charges for noncompliance, which may include liquidated amounts that have been assessed where precise costs are difficult to determine, as well as administration fees and costs and expenses incurred by Perfumarie. Vendors hereby are advised that noncompliance with these Vendor Standards constitutes consent to Perfumarie's assessing charges and offsetting such charges from any amounts that otherwise would have been payable to the vendor. Expense offsets apply to ALL vendors who deviate from these standards.
Scope of Standards
Perfumarie is constantly striving to improve our operations and increase efficiencies. When changes affecting our vendors are implemented, advance notifications are communicated to all registered users. All instructions and materials, including the provisions of these Vendor Standards, are subject to change, usually upon notice from Perfumarie.
Compliance
For Perfumarie’s incubator brands, all merchandise must be entered into the GS1US compliant U.P.C./GTIN/EAN catalog to meet industry standards. Perfumarie can assist with this for an additional fee.
Product Information and Images
Vendors must provide all relevant attribute information and product images for Perfumarie’s omnichannel system and for marketing and promotions.
All U.P.C. data, including extended attributes and images, are required at least 14 days prior to the purchase order.
GX Compliance
For new and existing vendors, Perfumarie permits manual entry of new and updates to existing U.P.C./GTIN/EAN codes at $5.00 per U.P.C./GTIN/EAN to offset costs. Vendors utilizing the GXS catalog with fewer than 100 U.P.C./GTIN/EAN codes may enter data via the internet after securing GXS (877-446-6847, www.gxs.com) clearance to do so.
Unauthorized Shipments
Perfumarie reserves the right to reject unauthorized shipments sent directly to stores, unauthorized substitutions, invalid orders, canceled and late orders, early shipments, over shipments and duplicate shipments. Perfumarie may place rejected merchandise with a specific carrier to be delivered to the vendor for disposition. Expense offsets may be applied to these situations.
Return to Vendor Alternatives
In an effort to reinforce sustainability efforts by reducing freight, handling, and processing expense, Perfumarie offers the following programs in lieu of physical return of merchandise.
Destroy in Field (DIF)
Required for all cosmetic and fragrance vendors, DIF includes unsalable customer returns, damage and testers created from stock.
Conflict of Interest, Gift Giving and Acceptance
Perfumarie associates are not permitted to request or accept from vendors (or prospective vendors), and Perfumarie vendors (or prospective vendors) are not to offer or provide to Perfumarie associates, gifts, gift certificates, discounts, gratuities or any other item of value (including services) of any nature, other than that which is normal and casual within the framework of the associate’s business activities. Any deviation from this policy could result in the termination of both the associate’s employment with Perfumarie and the vendor’s (or prospective vendor’s) relationship (or prospective relationship) with Perfumarie.
Vendor Liability Insurance
Every vendor shall obtain and maintain, at its sole cost and expense, comprehensive general liability insurance coverage in an amount appropriate to vendor’s business and operations, which shall not be less than $1 million per occurrence for bodily injury and property damage with not less than a minimum aggregate of $2 million in coverage. Such insurance shall provide coverage with respect to all customary liability, including product liability and contractual liability. The latter shall specifically include coverage of vendor’s indemnification obligations to the purchaser. Every vendor agrees that such insurance shall be provided pursuant to policies that specify that said vendor insurance is primary, names purchaser and its affiliated companies as additional insureds and that such coverage may be neither terminated nor reduced below the above limits without 30 days prior notice to the purchaser. By doing business with us, each vendor agrees that it will provide, upon our request, certificates evidencing vendor’s compliance with the foregoing requirements.
Payment Terms
Payments to Vendor may be made on a consolidated basis that nets the aggregate debits, credits and allowances of Purchaser and Purchaser Affiliates. Vendor agrees that non-conforming tenders may result in payment delays any may be subject to offset and withholding as set out herein, any and all non-merchandise charges must be separately invoiced and under no circumstances shall Purchaser be liable for any interest charges or late payment fees.
Freight Terms
If a freight allowance is negotiated, Perfumarie will deduct the relevant amount of the carrier bill from the vendor’s check.
Demonstration Agreements (Terms and Staffing Levels)
Terms and staffing levels will be negotiated separately. Staffing Contracts must be signed for job reqs to be released. Terms should be reviewed and agreed upon as part of the opening agreement. The contract includes salary, commission, and override (where applicable): i. Cosmetics Standard Commission: 3% ii. Fragrance Standard Commission: 3% (except select NY Metro area stores); Commission and curated programs = 100% vendor funded. i. The vendor is responsible to offset commission paid to associates that assist in the purchase of their product.
Contests and Spiffs:
The vendor must provide 100% funded contest/spiff proposal to buyer at least 6 weeks in advance. All contests must be approved by Macy’s and all payouts must use Perfumarie’s payroll system.
Pricing Standards
Pricing for Goods shipped under a Purchase Order shall be as specified on the order form, except as otherwise agreed by Purchaser in writing; provided that: (a) Vendor shall meet the lower prices of legitimate competition or, in the event of an MFN Violation, accept cancellation of the Purchase Order with respect to the Goods ordered hereunder; and (b) either party may seek an adjustment in the pricing for ordered Goods, with notice given at least sixty (60) days’ before the scheduled delivery date, for a reasonable cause. No price increase is effective unless approved in writing by an authorized Purchaser representative.
Product Standards
All Goods shall be genuine and authentic in that they shall be manufactured by the legitimate brand owner or licensee. To the extent that Vendor is a reseller, Vendor hereby represents and warrants that it has all rights necessary to sell the Goods to Purchaser for resale at retail. Vendor shall maintain and provide to Purchaser, together with the Goods and/or immediately upon request therefore, any and all materials necessary for Purchaser to document that the Goods comply with all Applicable Law and shall use its best efforts to ensure that all such materials are available on a timely basis and sufficient for the purpose required by Purchaser.
Ancillary Vendor Services
In addition to providing Goods, Vendor shall provide and schedule, in coordination with Purchaser, warehousing and delivery of such Goods. Vendor also shall provide a qualified and experienced account executive, together with such additional staff as necessary to ensure that Vendor’s obligations are performed in accordance with this Purchase Order, including all Purchaser specifications. Such ancillary Vendor services shall include support provided to Purchaser and/or Purchaser Affiliates to enhance sales of the Goods, including, but not limited to, providing Vendor Representatives, equipment and/or fixtures, with all such obligations to be performed in a first-class and professional manner that complies with Applicable Law, for which Vendor shall be solely responsible.
