Wholesale Terms & Conditions
MKS Miminoo LLC
Last updated: 01.2025
These Wholesale Terms & Conditions (“Terms”) govern all wholesale purchases made directly from MKS Miminoo LLC (“MKS Miminoo,” “we,” “us,” or “our”) via Miminoo.com, email, invoice, or any other direct sales channel (Faire). By placing a wholesale order, the retailer (“Retailer,” “you”) agrees to the terms outlined below.
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1. Eligibility & Account Approval
Wholesale purchasing is available to approved retailers only. MKS Miminoo LLC reserves the right to approve, deny, suspend, or revoke wholesale access at its sole discretion based on brand alignment, resale channel, and market fit.
MKS Miminoo LLC products are authorized for resale exclusively through the Retailer’s own physical brick-and-mortar retail locations and/or the Retailer’s own branded e-commerce website.
Resale on third-party marketplaces or platforms is strictly prohibited without prior written authorization from MKS Miminoo LLC. This includes, but is not limited to, Amazon, Etsy, Walmart, eBay, Temu, Shein, Faire Buy Button integrations, or any other online marketplace or resale platform.
Unauthorized resale, listing, or distribution through unapproved channels constitutes a material breach of these Terms and may result in immediate termination of the wholesale relationship, cancellation of pending orders, and forfeiture of wholesale privileges.
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2. Minimum Order Requirements
Opening Order Minimum: $100 USD
Reorder Minimum: $45 USD
Minimums apply per order and exclude shipping, taxes, duties, and fees.
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3. Wholesale Pricing
All wholesale pricing is confidential and intended solely for approved retail partners. Retailers agree not to disclose wholesale pricing to third parties.
MKS Miminoo LLC reserves the right to modify wholesale pricing at any time. Pricing in effect at the time of order confirmation will apply.
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4. Payment Terms
Payment is due in full at the time of order unless otherwise agreed in writing.
Accepted payment methods include credit card, ACH, or other approved payment methods.
Orders will not be processed or shipped until payment is received in full.
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5. Order Acceptance & Changes
All orders are subject to acceptance by MKS Miminoo LLC. Once an order is confirmed or enters production, it cannot be modified or canceled.
MKS Miminoo LLC reserves the right to cancel or adjust orders due to inventory availability, production constraints, or unforeseen circumstances.
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6. Shipping & Delivery
Orders ship from the United States unless otherwise specified within 1-3 days of receiving the order. The Retailer is responsible for shipping costs unless otherwise agreed upon through negotiation.
Estimated ship dates are provided in good faith but are not guaranteed. We prioritize selecting the most affordable shipping option available, whether it’s through USPS, UPS, or FedEx.MKS Miminoo LLC is not responsible for delays caused by carriers, customs, weather, or events beyond our control.
Risk of loss transfers to the Retailer upon shipment.
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7. International Orders
International retailers are responsible for all customs duties, import taxes, VAT, brokerage fees, and regulatory compliance in their destination country.
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8. Returns, Damages & Claims
Wholesale orders are not eligible for returns unless otherwise agreed upon. Custom orders are final and cannot be refunded.
Damaged or defective items must be reported within seven (7) days of delivery and must include supporting photographs and order details. Approved claims may result in replacement, credit, or refund at MKS Miminoo LLC’s sole discretion.
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9. Backorders & Product Availability
If an item becomes unavailable after an order is placed, MKS Miminoo LLC may offer a backorder, substitution, or refund for the affected items.
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10. Custom Orders
Custom and personalized orders include, but are not limited to, products featuring retailer-specific names, logos, branding, colors, packaging, or any made-to-order modifications.
All custom orders:
• Must be paid in full in advance
• Are non-cancellable, non-returnable, and non-refundable
• Require written design approval prior to production
• Have an estimated production timeline of two (2) to three (3) weeks, excluding shipping
Once design approval is provided and production begins, no changes, cancellations, refunds, or chargebacks will be permitted under any circumstances.
Production timelines are estimates and may vary based on order volume, material availability, and operational requirements.
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11. Intellectual Property, Brand Use, Confidentiality & Non-Disclosure
All designs, trademarks, product names, packaging, photography, and marketing materials remain the exclusive property of MKS Miminoo LLC.
Retailers may use approved MKS Miminoo LLC product images and descriptions for merchandising purposes only and may not alter branding, packaging, or product presentation without prior written approval.
Retailer acknowledges that wholesale pricing, line sheets, product designs, custom artwork, packaging concepts, marketing materials, and other non-public information provided by MKS Miminoo LLC constitute confidential and proprietary information.
Retailer agrees not to disclose, reproduce, share, or use such confidential information for any purpose other than the authorized resale of MKS Miminoo LLC products.
This confidentiality obligation survives termination of the wholesale relationship.
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12. Pricing Integrity & Minimum Advertised Price (MAP)
Retailers agree to maintain brand-appropriate pricing. MKS Miminoo LLC reserves the right to implement and enforce a Minimum Advertised Price (MAP) policy at its discretion.
Unauthorized discounting, bundling, advertising below MAP, or resale through unapproved channels may result in immediate termination of the wholesale relationship.
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13. Compliance & Product Safety
Retailers are responsible for compliance with all applicable local, state, and federal laws and regulations related to the resale of children’s products, including labeling, safety standards, and consumer protection requirements.
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14. Limitation of Liability
MKS Miminoo LLC shall not be liable for any indirect, incidental, or consequential damages arising from the resale or use of its products. Liability, if any, shall not exceed the wholesale purchase price of the products giving rise to the claim.
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15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to conflict of law principles.
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16. Updates to Terms
MKS Miminoo LLC reserves the right to modify or update these Wholesale Terms & Conditions at any time. Continued placement of wholesale orders constitutes acceptance of the most current version of these Terms.
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MKS Miminoo LLC
info@miminoo.com
