MISSFIT ACTIVEWEAR designs, manufactures and distributes stylish, quality fitness and yoga apparel combining performance and comfort for women with curvy figures. We source the finest high-performance fabrics with four-way stretch, moisture-wicking and anti-microbial properties. Our ability to provide innovative athleisure apparel for women of all sizes gives your store the unique opportunity to tap into an underserved target market to obtain a new audience and thereby increase your sales.
*We are proudly MADE IN AMERICA
Contact us at Sales@missfitactivewear.com or 818-242-2510 for wholesale prices, quantity minimums, line sheets, lookbooks and more.
Wholesale Terms and Conditions
Doing Business with MissFit Activewear, LLC
By purchasing from MissFit Activewear, LLC you agree to be bound by the Terms and Conditions in effect at the time you place your order. Please see the details listed below.
Your purchases from MissFit Activewear, LLC are made subject to these Terms and Conditions. Please review them carefully before placing your order. Our Terms and Conditions are subject to change. By purchasing from MissFit Activewear, LLC you agree to be bound by the Terms and Conditions in effect at the time you place your order, which may be viewed at http://www.shopmissfit.com/pages/terms-conditions
We object in advance to any additional or different terms you may propose, whether contained in a purchase order or in any other document or communication and regardless of whether such additional or different terms would materially alter our Terms and Conditions. Your submission of a purchase order or other authorization for products or services, or your allowing us to ship products or commence work, will constitute your acceptance of all of our Terms and Conditions, except to the extent specifically consented to by us in a written confirmation sent to you and signed by an authorized representative of MissFit Activewear, LLC.
All orders (whether in writing or electronic) are placed subject to acceptance by MissFit Activewear, LLC by email (and receipt of any required deposit). Except as otherwise expressly agreed by us in writing, an order, once accepted, is firm and may not be canceled other than with our written approval.
At the time of your order, you will receive the total bottom-line delivered cost according to the prices prevailing at the time your order was placed and the delivery option you have selected. Call or email us for pricing and delivery confirmation. State sales tax, if applicable, will be added to your invoice unless an acceptable resale tax exemption certificate is provided. Where applicable, the payment of all customs duties will be your responsibility.
We will do everything reasonably possible to ensure that your order will be delivered on time and complete to the address you have designated. We will make every effort to ship in accordance with the delivery option you have selected. Delivery dates may be affected by our late receipt of all information necessary to ship or other causes beyond our reasonable control. In any event, we are not liable to you for any loss resulting from late delivery. (See Limitation of Liability, paragraph 7.) Please inspect products immediately upon receipt and notify us of any damage or shortage within 24 hours.
4. Payment Terms
If you would like to establish an open account or pay by credit card, please contact our Customer Service team by email or phone at the email address and number above. (During the credit application process, business may be done via credit card and EFT). We reserve the right to change terms of sale at any time. All payments must be made in U.S. funds drawn on U.S. banks, unless alternate arrangements have been approved by us in advance. For payment terms other than net 30, additional fees may apply.
• Net 30 terms require prompt payment by company check or by wire or other electronic transfer within 30 days from the shipment date unless otherwise stated on the invoice. We do not accept payment by credit card except at time of purchase.
• There will be a $35.00 charge for returned checks and EFT rejections for any reason.
• Please pay from the invoice provided. A late payment charge of 1.5% per month (18% APR) will be charged on all invoices not paid within the defined terms. Our Customer Service team is available to help you in all billing matters.
• If MissFit Activewear, LLC retains a collection agency or attorney to enforce any of your obligations to us, you agree to pay all of our costs and expenses associated with such enforcement, including all collection, attorney, and litigation fees. We have the right to offset amounts that you owe to us against any amounts that we may owe to you.
• You agree to pay or reimburse MissFit Activewear, LLC for any and all sales, use, and excise taxes that may be imposed on you or us by any government entity as a result of any sales to you, regardless of when such taxes may be assessed, imposed, or levied.
5. Product Warranty Information
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MISSFIT ACTIVEWEAR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
6. Damages in Shipment
Even though title and risk of loss to all merchandise pass when merchandise is shipped, we will assist you if merchandise is verified as damaged in transit. If this occurs, please take the following actions:
• Do not accept a visibly damaged product until the person making the delivery has endorsed the air bill/bill of lading with a statement of the extent of the damage and file the freight claim at the time of delivery.
• If damage is concealed and found after unpacking, retain all packing material and immediately call our Customer Service team. Concealed damage must be reported within 24 hours from time of receipt of shipment.
• Notify us immediately of damages so that we can provide you with assistance on the claim with the freight carrier. When calling, please have the sales order number at hand.
• Please send us copies of all airbills/bills of lading and inspection reports.
7. Limitation of Liability
In no event shall MissFit Activewear, LLC be liable to you under any legal theory whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including but not limited to such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) costs of capital, (iv) costs or losses related to downtime, (v) manual labor costs, or (vi) any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchases of products from MissFit Activewear, LLC , including losses resulting from your general or particular requirements or needs, whether or not we, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. MissFit Activewear, LLC’s liability to you shall in no event exceed the purchase price of the nonconforming goods giving rise to our liability to you.
8. Choice of Law
MissFit Activewear, LLC controls and operates its business from its offices at Toluca Lake, California USA. Consequently, any questions relating to these Terms and Conditions or their application in a particular situation shall be governed by the laws of the United States and the State of California (without regard to any provision that would result in the application of the laws of any other state or jurisdiction). In no event will the United Nations Convention on the International Sale of Goods apply to any transaction between you and MissFit Activewear, LLC.
9. Forum Selection
Any legal or equitable action of whatever nature brought by you against MissFit Activewear, LLC or its affiliates arising out of or related in any respect to these Terms and Conditions or your purchases or other dealings with MissFit Activewear, LLC shall be brought solely in either the United States District Court for the Southern District of California located in Los Angeles or the appropriate court of the State of California located in the jurisdiction where MissFit Activewear, LLC has its principal place of business. You agree that MissFit Activewear, LLC may bring an action against you in these same courts, and you hereby irrevocably submit to the jurisdiction of and to venue in these courts.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect.