THE MOUNTAIN® TERMS & CONDITIONS
The Mountain® is a business to business (B2B) wholesaler. A valid resale certificate is required to place an order. All international accounts must
provide a government recognized business tax document. All orders are accepted, received, and processed in the state of New Hampshire. The
Mountain has independent sales representatives nationally and in Canada. Visit http://wholesale.themountain.com to find a sales rep in your
area. All orders can be placed through the website, by phone, by fax or electronically.
Prices are shown on site may change without prior notice. All products will be shipped at the price in effect on the date the order is placed.
Loose shirt display $500
Can accommodate up to 360 tees.
Terms: Available terms for all accounts are prepay by company check, COD certified, ACH/wire transfer or credit card. We accept MasterCard®,
Visa®, Discover®, and American Express®. We are required to obtain the CID number from all of our credit card customers. The three-digit CID
number is located on the back of the customer’s card for MC/Visa and Discover. Amex is a four-digit number on the front. The credit card company
may decline credit cards if we do not provide this number. Net terms may be established after 3 orders have processed by prepayment – company
check, ACH/wire transfer, certified COD or credit card, and The Mountain approves the credit application. Please allow 2-3 weeks for credit applications
to be processed. We cannot ship Custom, Canadian, Namedrop, or Box Program orders COD. All International accounts with exception of those
located in Canada, must be prepaid via wire transfer prior to shipping and are subject to a wire transfer fee.
Terms for Custom Program Orders: When paying by credit card, wire transfer, or prepaying by check, you will be required to submit payment for
50% of your order total upon approval of the custom design and before the custom tees are printed. The remaining 50% of your order total will be
due upon shipment of the custom merchandise. There is an art fee that must be prepaid prior to art creation. Credit card or ACH payments are
preferred. When paying by net terms, you will be required to sign a legally binding contract, or purchase order, stating that you will accept delivery
and pay for your custom order within the approved timeframe. You may pay for the art fee with net terms however art will not be created until
payment has processed.
International Account Restrictions: Payment via wire transfer must be received prior to shipping for all international orders excluding those in
Canada. International accounts are responsible for all freight, duty & taxes associated with their shipments and are subject to a wire transfer fee.
Payment must be received within 30 days of receiving pro forma invoice or a 20% restocking fee may apply.
Declined Credit Cards: The Mountain will notify the customer within 24 hours if their credit card is declined. The customer has five business days to
arrange payment and have the order shipped before the order will be restocked, and a 20% restocking fee may apply. Namedrop and Box customers
must arrange payment and accept the order or be placed on a prepay-only status for all future orders. They will be responsible for payment in full of
the refused order before any future orders will be filled.
Declined Credit Cards for Custom Program Orders: If the credit card provided for payment of the 50% deposit declines, we will not print the
custom order until full payment of the order has been processed. If the credit card provided is declined for payment of the remaining 50% of the order
total after the custom tees have been printed, the customer will have five (5) business days to arrange payment and have the order shipped. The
customer will then be placed on a prepay-only status for all future orders for stock items and no new custom order will be processed. The customer
will be responsible for payment in full of the refused order before any future orders will be filled.
Unclaimed COD Charges: Freight charges for unclaimed or refused CODs will be added to the customer’s next order. The customer has five business
days after refusing a package to contact The Mountain and accept the charges before the order is restocked and a 20% restocking fee may be applied.
Overdue Accounts: We will not ship to customers that have outstanding balances.
Minimum Orders: Initial orders must be at least $200.00. There is no minimum order required for fulfillment accounts. Low minimums are required for
namedrop and box customers. All Namedrop orders must have a minimum of 48 pieces which may include several different design and may include
different body styles. Box program orders must have a minimum of 24 pieces or will be charged an additional $1 per shirt. The 24 pieces can be a
combination of adults and youth shirts. Custom order minimums are available upon request.
International Minimum Orders: Initial orders must be a minimum of $500.00. Low minimums are required for namedrop and box customers. All
Namedrop orders must have a minimum of 48 pieces which may include several different design and may include different body styles. Box program
orders must have a minimum of 24 pieces or will be charged an additional $1 per shirt. The 24 pieces can be a combination of adults and youth shirts.
Custom and drop ship order minimums are available upon request.
Defective or Damaged Merchandise: For products received that are damaged or defective, customer will receive a credit or replacement of the
damaged merchandise. All defects and damages must be reported within 60 days of shipping to the Customer Service Department. The Mountain is
not responsible for replacing or issuing credit for any defects or damages reported more than 60 days following shipment of the merchandise.
Defective or Damaged Merchandise for Fulfillment/Drop Ship Orders: If end consumer receives an order that is damaged, defective or incorrect,
The Mountain will credit for or replace that item. The Mountain will not credit handling or drop ship fees paid for original order. All damaged or
THE MOUNTAIN® TERMS & CONDITIONS defective items must be reported within thirty (30) days of receipt if a replacement item, or credit, is to be given. The Mountain is not responsible for replacing or issuing credit for any defects or damages reported more than 60 days following shipment of the merchandise.
Return and Exchange Policy: The Mountain will allow exchanges for product credit if requested within sixty (60) days of the original invoice date.
Shirts must be undamaged, and in their original condition. Product being returned must be part of our current product line, and must not be included
on any current or previous list of discontinued items. For box program returns all tee shirts must be removed from their gift boxes and returned loose.
Box program returns will be credited at the loose shirt price, or $1.50 less than the price paid. The $1.50 is the cost of a service and will not be
refunded. We cannot accept returns of namedropped or custom shirts. If product was received in polybags or with size strips attached, the product
being returned must be removed from polybags and/or size strips must be removed prior to being returned. Credit will be granted for the cost of the
product only. The cost of any value-added service is non-refundable. We will not credit back credit cards or issue refund checks. Any credit given will
be put on account for use on future orders. Please be sure to note on the future order to apply the credit, as this will not automatically be done. Net
customers will need to deduct the credit from their future payments. Please contact our customer service department to discuss your return options.
No return will be accepted without a return authorization number and a completed Return Report provided by your customer service representative.
Returns are not guaranteed and must be approved before processing.
International Return and Exchange Policy: All conditions outlined above in the Return and Exchange Policy apply for international customers.
Additionally, a copy of the original invoice is required. Please contact our International Customer Service department to discuss your return options.
No return will be accepted without a return authorization number, copy of the original invoice and a completed Return Report provided by your customer
service representative. All international customers are responsible for GST, customs, wire transfer and shipping fees.
Fulfillment Return and Exchange Policy: All returns and exchanges must be shipped to the retailer, not to The Mountain. Retailer must contact The
Mountain to request a return authorization number and Return Report to return product. Retailer is responsible for shipping charges incurred when
returning items for credit or exchange. Upon receipt of the returned item(s) The Mountain will credit the seller 100% of the price paid for the items being
returned. The Mountain will not credit back shipping and handling charges paid for drop shipping. All credits for returns and exchanges will be in the
form of credit on account. No refunds will be given. Standard rates apply. All domestic shipments must submit request for return and/or exchange
within thirty (30) days of receipt if credit is to be given.
Custom Program: The Mountain offers a full service custom printing program. Minimum order requirements and pricing are available upon request.
Single and double sided printing options are available. All custom program orders will be completed within 4-6 weeks of receipt of signed design
approval and payment/approved payment contract. An art fee is required for all custom programs which may be applied to your final invoice. Please
contact The Mountain or your local Sales Representative for more information.
Custom Program Samples: If a sample is desired prior to final approval, we will provide up to 5 physical samples of the same design with a deposit
of $500.00 The deposit will be applied in full to your final invoice. Please allow up to two (2) weeks from receipt of your deposit to receive your
Custom Program Fill Rate: All custom orders are to be accepted at a 5% over/under fill rate. This means we will deliver within 5% above or below
your ordered quantities. If a guaranteed number of garments is required, then an overage of up to 10% must be accepted.
Value Added Services: Value added services include, but are not limited to, poly bagging, size stripping, price or UPC tagging, application of price
sticker, and namedrop customization. All value added services must be requested on every order at the time the order is placed. Please add $0.25
per shirt for each value added service requested.
Namedrop Program: Namedrop is available for an additional $0.25 per shirt. All adult tees and ladies tees are namedropped on the left sleeve. All
children’s tees, long-sleeved tees, hoodies, tanks, and mini dresses are namedropped on the back, and the drop is the same size as the adult sleeve
drop. All namedrops are printed in white ink unless otherwise specified in writing or agreed upon at the time the order is placed. Color drops are subject
to additional fees. We will namedrop box program orders if requested, be aware however that the gift box will not indicate anywhere that the shirt inside
is namedropped. All first time namedrops will be emailed for approval. The Mountain® must receive written approval of the namedrop prior to it
being printed on the tee shirts. Officially Licensed designs, indicated in The Mountain catalog as “OL”, cannot be namedropped without
written permission from the licensor. Other namedrop options are available through our custom printing program. Please call for details.
Namedrop Cancellations and Changes: Any changes or cancellations must be received and acknowledged by The Mountain within 24 hours of
receipt of the original order. Changes to the order will not be accepted once the namedrop has been printed.
Artwork for Namedrops and Custom Program: Sketches, samples, art, dyes, computer disks, film positives, etc. will remain the property of The
Mountain and will not be used for any purpose other than the completion of this order without permission from the customer. When submitting artwork,
please email to email@example.com. Logos and artwork submitted electronically are preferred. Logos submitted for Namedrop must be of
minimum dimensions 6” x 6” and 300 dpi. All namedrop artwork must be black and white. We cannot accept color artwork for namedrop services. All
artwork submitted for Custom Program orders must be hi res and a minimum of 300dpi. Detailed Art submission guidelines are available upon request.
An art fee is required for all custom programs which may be applied to your final invoice. Please contact The Mountain or your local Sales
Representative for more information.
Fulfillment Services: All e-commerce customers will be required to use www.dsco.com for submitting orders, receiving processing updates and
visibility to tracking numbers. DSCO users are subject to a monthly fee. Please call for details.
Fulfillment (Drop Ship) Options & Pricing: The Mountain currently offers two drop ship options, as described below. Shipping and handling fees
are billed in addition to the cost of the shirt being shipped. Please note that drop ship services for are currently available only to destinations within
the United States. Drop ship services to addresses outside the United States are currently not available.
1. OPTION 1: The Mountain will ship directly to your customer using our best methods. We use either USPS or FedEx at our sole discretion
to ship your orders directly to the end consumer in the most cost effective and efficient way possible. Upon shipment of your drop shipped
orders, tracking information will be available for download through our web portal. Standard shipping should arrive within 6-12 business
days, depending on destination. Choosing this option means that The Mountain will guarantee arrival of each and every package
processed through our fulfillment/drop ship program. If for any reason the package does not arrive at its end destination, The Mountain will
THE MOUNTAIN® TERMS & CONDITIONS
ship it again at our expense. Shipping and handling fee for this service is $5.00 per piece for all garments except for long sleeved tees and
hoodies which will be billed at a rate of $8.00 per piece. Shipping and handling will be billed in addition to the wholesale cost of the
garment(s) being shipped.
2. OPTION 2: The Mountain will ship directly to your customer using the carrier of your choice. All packages processed through this program
are to be shipped freight collect of 3rd party billing, using your account number. Upon shipment of your drop shipped orders, tracking
information will be available for download through our web portal. The Mountain extends no guarantee that packages shipped through this
program will arrive at their end destination. If a package does not reach your customer, you are solely responsible for having a
replacement order shipped and you will be billed for the shirt and any applicable shipping and handling fees to ship said replacement
order. Handling fee for this service is $2.00 per piece for all garment types. The handling fee will be billed in addition to the wholesale cost
of the garment(s) being shipped.
Fulfillment (Drop Ship), Packing Lists and Customer Provided Promotional Items: All garments processed through The Mountain’sFulfillment/Drop Ship program will be folded and shipped to your customer(s) in The Mountain’s packaging. The return address on the shipping labelwill be yours. You are responsible for providing any required packing list to be included with the product being sent to your customer; and said packing list(s) must be provided to The Mountain electronically when you place your order. If you would like The Mountain to utilize your packaging,and/or include any promotional materials with the product being shipped we can do so only with prior approval. All packaging materials and promotional items you would like to have shipped with The Mountain product(s) must be approved by The Mountain prior to being utilized. Packaging materials and promotional items that are approved to be shipped with The Mountain product(s) must be received at our warehouse prior to therequested start ship date established for your customers orders. Please contact The Mountain customer service for details on sample submission, and the approval process.
International Fulfillment: Fulfillment processing may be available upon establishing an agreement with The Mountain. Please contact your Sales
Representative for more details.
Shipping: The Mountain ships with Fed Ex, UPS, and USPS. Orders for 6 or more shirts will ship via either Fed X Ground or UPS Ground unless
otherwise specified. All orders for 5 shirts or less will ship via USPS. If a specific carrier is preferred, this must be noted on the order at the time the
order is placed. If no carrier is requested, The Mountain reserves the right to ship via whichever carrier is deemed appropriate. All orders shipped are
FOB Keene, NH.
International Shipping: All Canadian accounts will be shipped via Purolator. The Mountain is GST registered and bills Canadian customers for
GST, brokerage, and any other applicable charges. This is also subject to change without notice. Other International customers are responsible for
arranging collection of their goods. A Certificate of Origin is available upon request. All international customers are responsible for GST, customs,
wire transfer and shipping fees. All orders shipped are FOB Keene, NH
Shipping Time: The Mountain attempts to ship all regular tee shirt orders within 48 hours. During peak seasons, this may not be possible. If you
require your merchandise by a certain date, please request it on the order. The Mountain is not responsible for late orders if a ship date was not
Value Added Order Ship Time: Please allow 2-3 weeks from receipt of signed approval for namedrop orders, and for box program orders. All poly
bag, size stripping and UPC tag orders may take 1-2 weeks to complete during busier seasons. If you need the merchandise by a certain date please
be sure it is stated on your order.
Custom Order Ship Time: Please allow 4-6 weeks from receipt of signed approval for custom order to ship.
Unavailable Items & Backorders:
The Mountain cannot guarantee orders will ship complete. The Mountain will automatically backorder orders consisting of 12 or more pieces and
which do not require namedrop or box program packaging as value added services. Orders requiring namedrop and/or box services must meet the
minimums of the program to be eligible for backorder. Orders that ship via COD Terms cannot be backordered. It is the customer’s responsibility to
inform the sales person at the time of placing the order if a backorder is not desired. Only 1 backorder shipment per order is allowed. All backorders
will ship within 2 weeks of original invoice date and may be sent incomplete. Any items not sent on the backorder will not be backordered again and
will need to be reordered by the customer. Customers are responsible for freight costs on all backorders.
International Backorders: Backorders are available upon request only. All international customers are responsible for GST, customs, wire transfer
and shipping fees.
Unavailable Items & Backorders for Fulfillment/Drop Ship Orders: In the event that there is an item ordered for fulfillment/drop ship that is out of
stock, the unavailable item will be cancelled from the order, and all other items on the order, if any, will be shipped. The Mountain will contact you
(the seller) to let you know which item(s) are unavailable, enabling you to communicate this with your customer(s). You can then determine on a
case by case basis whether the unavailable item should be re-ordered when available (typically items are not out of stock for longer than 2 weeks) or
if the customer would prefer a substitution.
Sizing & Colors: Because each Mountain shirt is uniquely hand-dyed there may be slight variations in the sizes. Children’s sizing is as follows:
Small 2T-4T, Medium 6-8, Large 10-12, X-Large 14-16. The Mountain offers sizes 4xl and 5xl tee shirts in limited quantities. Please note that we are
unable to package 4x and 5x tees in our gift boxes. With each shirt hand-dyed variations in the color may occur. Shirts are generally available in the
colors that appear in our catalog. At times, colors may change without notice. Please ask your representative or customer service agent if a color
change has occurred when you place your order.
Internet Sales & Minimum Advertised Price: Sales on all 3rd party platforms, which include and not limited to Amazon, Walmart.com, Ebay,
Amazon UK, EBay UK are restricted. Customers must own and operate their own sales platform. The Mountain has a MAP Policy in which
advertisements, web listings, etc must adhere to this policy. Please refer to http://wholesale.themountain.com/pages/map-policy. Any violation of this
policy could result in The Mountain refusing to process your orders. By placing an order with The Mountain, you are acknowledging and agreeing to
abide by The Mountain MAP Policy. The Mountain will supply images for use on your website, and a database of available items for easy upload. To
Licensing Info: All designs are copyrighted and licensed to The Mountain. Our batik products are protected under the United States patent #5400257.
Legal Info: The Mountain Corporation is incorporated in the State of New Hampshire. All legal matters will be governed by New Hampshire law, and
all legal actions will take place in New Hampshire. All personal and subject matter jurisdiction in regards to any legal actions of any matter are to be
governed by the laws of the State of New Hampshire, and will take place in the State of New Hampshire. Brand Identity and use of branding: The Mountain®, Manimals™, Three Wolf Moon®, Big Face®, and Mountain Life® are all brands owned and operated by The Mountain Corporation. Customers, affiliates, Distributors, and Partners may not use our registered and trademarked brand names as their own. You cannot sell under our brand name(s), you must use your own business name to sell our brands ie. “John Doe’s Tees” presents The
Mountain®. You cannot represent yourself as The Mountain® (or any other brands owned and operated by The Mountain®) in your selling,
advertising, websites (including Facebook® and other social networking sites), videos or any other form of communication with a wholesale or retail
customer. All websites, social networking platforms and other online media avenues cannot have any of our brands in the domain name. Nor can
you use our logo as your own. If you need examples of what is and what is not acceptable please contact customer service. Using themountainshirts.com or themountaintees.jp or facebook.com/themountaintshirts is a violation of this agreement. Using any of our brands as your main URL is strictly prohibited.