Access Denied
IMPORTANT! If you’re a store owner, please make sure you have Customer accounts enabled in your Store Admin, as you have customer based locks set up with EasyLockdown app. Enable Customer Accounts
Terms of service
OVERVIEW
This website is operated by B CANNON LLC, doing business as Brianna Cannon Wholesale ("Brianna Cannon Wholesale," "we," "us," or "our"). This site is a business-to-business wholesale platform. It is intended solely for use by approved retail businesses, resellers, and other commercial buyers purchasing goods for resale in the ordinary course of business.
This site is not intended for consumers, and consumer purchases are not permitted. If you are an individual purchasing for personal, family, or household use, please visit our retail store at briannacannon.com.
Brianna Cannon Wholesale offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, applying for a wholesale account, or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms of Service," "Terms"), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 — AUTHORITY AND ELIGIBILITY
1.1 By agreeing to these Terms, you represent and warrant that: (a) you are acting on behalf of a business entity or sole proprietorship engaged in the retail or commercial resale of goods; (b) you are at least the age of majority in your state or province of residence; and (c) you have full legal authority to bind that entity to these Terms.
1.2 Wholesale accounts are granted at our sole discretion. We may require documentation of your business status, including a resale or sales tax exemption certificate, business license, employer identification number, trade references, or evidence of a physical or online retail presence, before approving an account or accepting an order.
1.3 Resale and exemption certificates. A valid, current resale or exemption certificate must be on file with us for each jurisdiction in which you claim exemption before we will accept any order from your account on a tax-exempt basis.Until a valid certificate is on file, we will charge applicable sales tax on every order, and we are not obligated to refund, credit, or retroactively adjust tax already charged on a completed order.
1.3.1 You are responsible for the accuracy and validity of each certificate you provide, for confirming that it covers the goods purchased and the jurisdiction claimed, and for notifying us in writing promptly if any certificate expires, is superseded, is revoked, or ceases to be accurate. We may require an updated certificate at any time and may suspend tax-exempt treatment on your account until we receive it.
1.3.2 You agree to indemnify and reimburse us for any tax, penalty, interest, audit cost, or professional fee assessed against or incurred by us as a result of an invalid, expired, incomplete, or improperly claimed exemption on your account.
1.4 We may suspend, downgrade, or terminate a wholesale account at any time, including where an account has been inactive, where account information is inaccurate or out of date, or where you have breached these Terms.
1.5 You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms may result in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
2.1 We reserve the right to refuse Service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us. This provision does not restrict the resale of goods lawfully purchased from us in accordance with Section 12.
2.4 You agree not to use automated means, including bots, scrapers, or crawlers, to access wholesale pricing, inventory data, or product catalogs without our prior written consent.
2.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 — CONFIDENTIALITY OF WHOLESALE PRICING
3.1 Wholesale price lists, line sheets, catalogs, discount structures, inventory reports, and account terms disclosed to you are our confidential business information.
3.2 You agree not to disclose, publish, or distribute this information to any third party other than your own employees and professional advisors who have a need to know and who are bound by comparable confidentiality obligations. You agree not to display wholesale pricing on any public-facing website, marketplace listing, social media account, or printed material.
3.3 This obligation survives termination of your account and continues for so long as the information retains commercial value.
SECTION 4 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4.3 Inventory quantities displayed on the site are estimates and may not reflect real-time availability, allocations to other channels, or committed but unshipped orders.
SECTION 5 — ORDER MINIMUMS AND MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Minimums. Your first order on a new account (an "opening order") is subject to a minimum of $300. Each subsequent order (a "reorder") is subject to a minimum of $150. Minimums are calculated on the merchandise subtotal after any discounts and before shipping, handling, and tax. We may waive or modify minimums at our discretion, and any waiver in one instance is not a waiver in any other instance or for any other account.
5.2 Prices for our products are subject to change without notice. Published wholesale prices are not guaranteed for future orders and do not constitute a quotation unless issued in writing and identified as such.
5.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
5.4 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 6 — ORDER ACCEPTANCE, PRE-ORDERS, AND CANCELLATION
6.1 Offer and acceptance. Your submission of an order is an offer to purchase. No order is binding on us until we accept it, and an automated order confirmation email does not constitute acceptance. We may accept, reject, or partially fill any order in our sole discretion, including after you have received a confirmation.
6.2 Allocation. Where demand exceeds available inventory, we may allocate goods among customers in our sole discretion and may reduce quantities on any order.
6.3 Orders are firm and non-cancellable. Once we accept an order, it is firm. You may not cancel, reduce, or reschedule an accepted order, in whole or in part, at any time prior to shipment. This applies to all orders, including orders placed for future delivery and orders written at Dallas Market Center, AmericasMart Atlanta, or other trade shows or markets. Estimated ship dates are estimates only and are not delivery guarantees; a shift in the estimated ship date does not give you a right to cancel.
6.3.1 Basis for this term. You acknowledge that we place binding, non-cancellable production and purchase commitments with our manufacturers, and allocate inventory and licensed production capacity, in reliance on accepted orders. Those upstream commitments cannot be cancelled, reduced, or returned once placed. Accordingly, cancellation of an accepted order would leave us bearing the full cost of goods produced or procured for you, and you agree that the firm-order requirement in Section 6.3 is a reasonable and material term of our agreement on which our pricing is based.
6.3.2 Discretionary accommodation. We may, in our sole discretion and only by a writing signed by an authorized representative, agree to cancel or modify an accepted order. Any such accommodation applies only to the specific order identified, is not a course of dealing, and may be conditioned on payment of a cancellation or restocking fee and on reimbursement of any costs we have already incurred, including production, decoration, freight, and royalty costs.
6.4 Substitutions and back orders. We may ship partial orders and back order the balance. Back ordered items remain firm under Section 6.3 and ship when available. We may cancel any back order at any time if the goods become unavailable or discontinued. Where a specific product is unavailable, we may offer a substitution, which you are not obligated to accept.
6.5 Cancellation by us. We may cancel any order, in whole or in part, at any time before shipment, including for pricing errors, credit reasons, inventory shortfall, loss of a license required to sell the goods, or suspected breach of these Terms. If we cancel an order for which you have prepaid, we will refund amounts paid for the cancelled portion, and that refund is your sole remedy.
6.6 Deposits on custom and large orders. We require a deposit on custom, made-to-order, decorated, personalized, and special-make goods, and on any order with a merchandise subtotal exceeding ten thousand dollars ($10,000). The deposit is fifty percent (50%) of the order total and is due at the time the order is placed.
6.6.1 Effect on the order. An order requiring a deposit is not accepted, and we will not place production commitments or schedule manufacturing, until the deposit is received and cleared. The balance is due before shipment in accordance with Section 7.2, or on approved credit terms where those have been granted under Section 7.3.
6.6.2 Application and non-refundability. Deposits are applied against the invoice for the order. Because we place binding production and purchase commitments in reliance on the deposit as described in Section 6.3.1, deposits are non-refundable except where we cancel the order under Section 6.5 for reasons other than your breach. The parties agree that the deposit is a reasonable estimate of the costs and losses we will incur if you fail to complete the order, that actual damages would be difficult to determine, and that the deposit is not a penalty.
6.6.3 Failure to pay the balance. If you fail to pay the balance when due, we may retain the deposit, cancel the order, and sell, remarket, or otherwise dispose of the goods, and you remain liable for any shortfall between the amount recovered and the order total, together with interest under Section 7.7 and collection costs under Section 7.10. Where goods bear licensed intellectual property, custom decoration, or your own branding and cannot lawfully or practically be resold, you remain liable for the full order total less the deposit retained.
SECTION 7 — PAYMENT TERMS, CREDIT, AND COLLECTIONS
7.1 All prices are in U.S. dollars unless otherwise stated.
7.2 Payment due prior to shipment. Unless we have approved credit terms for your account in writing, payment in full is due before your order ships. We will not release, pack, or tender an order to a carrier until payment has cleared. Orders held for non-payment may be cancelled and the inventory released to other customers at our discretion.
7.3 Applying for terms. You may apply for open-account credit terms. Applications are reviewed and approved, modified, or declined by management on a case-by-case basis. We may require a completed credit application, trade and bank references, financial statements, a personal guaranty, or a security deposit as a condition of approval. Approval of terms for one order, one season, or one account does not entitle you or any affiliated entity to terms on any other order or account.
7.4 Terms are discretionary and revocable. Any extension of credit is granted at our sole discretion and may be reduced, suspended, or revoked at any time, with or without cause and without prior notice. Upon revocation, all open orders revert to payment-before-shipment and all outstanding invoices become immediately due.
7.5 Taxes. Prices exclude all sales, use, excise, and similar taxes. You are responsible for all such taxes unless you have provided a valid exemption certificate under Section 1.3.
7.6 Application of payments. We may apply payments received to any outstanding invoice on your account in the order we determine, regardless of any contrary instruction or notation on a check or remittance advice.
7.7 Late payment. Invoices not paid when due accrue interest from the due date until paid in full at the highest rate permitted by applicable Texas law, which as of the Effective Date is one and one-half percent (1.5%) per month, equal to eighteen percent (18%) per annum. Interest accrues as simple interest on the unpaid principal balance and is not compounded. In no event shall interest be charged, collected, or contracted for in excess of the maximum lawful rate; if any amount charged would exceed that rate, the rate shall automatically be reduced to the maximum lawful rate and any excess already collected shall be credited against the outstanding balance or refunded.
7.8 Credit hold. If any invoice is past due, we may, without notice and without liability: place your account on credit hold; withhold, delay, or cancel pending and unshipped orders; require prepayment, cash in advance, or security for future orders; reduce or revoke credit terms; and apply any deposit or credit balance against the amount owed.
7.9 Set-off. We may set off any amounts you owe us against any amounts we owe you, including credits, rebates, co-op allowances, and refunds.
7.10 Collection costs. You agree to pay all costs of collection, including reasonable attorneys' fees, court costs, collection agency fees, and expenses, incurred in collecting any past-due amount, whether or not suit is filed.
7.11 No offsets or deductions. You may not withhold, offset, or deduct any amount from an invoice on account of a claimed shortage, damage, defect, chargeback, allowance, or dispute except as we have approved in writing. Claims must be handled under Section 10.
7.12 Chargebacks and deductions. Unilateral deductions from invoices — including compliance chargebacks, markdown allowances, and freight deductions — are not permitted unless set out in a separate written agreement signed by us. Any such deduction taken without our written agreement is a past-due amount subject to Section 7.7.
7.13 Payment disputes. You agree not to initiate a credit card chargeback or payment reversal for any charge without first contacting us in writing and allowing thirty (30) days to resolve the matter. Initiating a chargeback without doing so is a breach of these Terms.
SECTION 8 — PRODUCTS AND SERVICES
8.1 Certain products or Services may be available exclusively online through this website. These products or Services may have limited quantities and are subject to return or exchange only according to Section 10 and our Wholesale Return, Refund & Claims Policy at https://briannacannonwholesale.com/policies/refund-policy
8.2 We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your monitor's display of any color will be accurate. Minor variations in color, dye lot, trim, placement, and measurement are inherent to apparel manufacturing and are not defects.
8.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or Services that we offer. We may exercise this right on a case-by-case basis. All descriptions of products and product pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
8.4 We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
8.5 Compliance. Goods are supplied for resale in the United States and are labeled for that market. You are responsible for compliance with all laws applicable to your resale of the goods, including labeling, product safety, and consumer disclosure requirements in your jurisdiction. You may not remove, alter, obscure, or replace any label, hangtag, care instruction, content label, country-of-origin marking, or licensed-property marking affixed to the goods.
SECTION 9 — SHIPPING, TITLE, AND RISK OF LOSS
9.1 Title and risk of loss. Unless otherwise agreed in writing, all shipments are FOB origin, Farmers Branch, Texas. Title and risk of loss pass to you upon our delivery of the goods to the carrier. Any claim for loss or damage in transit is between you and the carrier, though we will provide reasonable assistance and documentation in support of your claim.
9.2 Freight is the customer's cost. You are responsible for all shipping, handling, freight, and related charges on every order. There is no free-freight threshold. Shipping is billed one of two ways, at your election at the time of order:
(a) Our carrier account. We ship using our own carrier accounts and add the shipping charge to your invoice at our rate. Charges quoted at checkout are estimates and may be adjusted to reflect actual carrier charges, dimensional weight, accessorial and residential fees, lift-gate or limited-access charges, address corrections, and fuel surcharges.
(b) Your carrier account. You may provide a valid FedEx or UPS account number for third-party or collect billing, in which case carrier charges bill directly to you and no shipping charge appears on our invoice. You are responsible for confirming the account is active, authorized for the service level requested, and in good standing. If your carrier rejects or reverses the charge for any reason — closed account, invalid number, declined third-party billing, unpaid carrier balance — the charge becomes payable to us on our invoice at our rate, plus any fee the carrier assesses us for the rejected billing.
9.3 Carrier account limitations. Where you ship on your own carrier account, we are not a party to your carrier agreement. We do not control, warrant, or take responsibility for the rates, service levels, guarantees, declared value, or insurance applicable to that account, and any freight claim for loss or damage must be filed by you as the account holder. We do not add declared value or purchase insurance on your account unless you instruct us to in writing and accept the cost.
9.4 Routing. We select the carrier, service level, and routing unless you provide routing instructions or a carrier account we accept under Section 9.2(b). If you require a specific carrier, account, service level, or routing guide, you are responsible for any resulting additional cost and for any delay it causes.
9.5 Delivery dates. All ship and delivery dates are estimates. We are not liable for any loss, penalty, cancellation, chargeback, or damages arising from late delivery.
9.6 Address accuracy and refused shipments. You are responsible for providing a complete and accurate shipping address. If a shipment is refused, undeliverable, or returned to us through no fault of ours, you remain responsible for the invoice amount plus outbound and return freight, and we may charge a restocking fee.
SECTION 10 — INSPECTION, SHORTAGES, DAMAGE, AND RETURNS
10.1 Inspection and claims. You must inspect all shipments promptly upon receipt. Visible damage or shortage apparent at delivery must be noted on the carrier's delivery receipt or bill of lading before you sign, and the carton photographed before opening; signing a clean delivery receipt forfeits both the carrier claim and any claim against us for visible damage or shortage. Claims for concealed damage, shortages, overages, or mis-shipments must be submitted in writing to wholesale@briannacannon.com within five (5) business days of delivery, measured from the carrier's confirmed delivery date, and must include your order or invoice number, the affected SKUs and quantities, and photographs of the goods, the carton, and the shipping label. Claims submitted after that period are waived, and the shipment is deemed accepted as complete and undamaged.
10.1.1 "Business day" defined. For purposes of these Terms, "business day" means Monday through Friday, excluding United States federal holidays, determined by our business calendar. Your own hours of operation, closures, staffing, and holiday schedule do not extend any deadline under these Terms.
10.2 Defect claims. Claims for manufacturing defects not reasonably discoverable on inspection must be submitted in writing, with the same supporting documentation required under Section 10.1, no later than thirty (30) calendar days after the delivery date. This thirty-day period is an absolute outer limit. Claims submitted after thirty (30) days are waived in all cases, regardless of when the defect was or could have been discovered.
10.2.1 Case-by-case evaluation. Defect claims submitted within the thirty-day period are reviewed and resolved on a case-by-case basis at our sole discretion, taking into account the nature and extent of the claimed defect, the age and handling of the goods, the supporting documentation provided, and the account history. Timely submission of a claim does not entitle you to any remedy, and our resolution of one claim does not establish a practice or precedent for any other claim.
10.2.2 Exclusions. Goods that have been worn, laundered, altered, decorated, relabeled, repackaged, or damaged after delivery are not eligible. Variations described in Section 8.2, including color, dye lot, trim, placement, and measurement variation, are not defects.
10.3 No returns for convenience. All sales are final. We do not accept returns for overstock, slow sell-through, buyer's remorse, seasonal carryover, store closure, or any other reason of convenience. Exchanges are available only where approved in advance under our Wholesale Return, Refund & Claims Policy and are subject to the restocking fee stated there.
10.4 Remedy. For any valid claim under 10.1 or 10.2, our obligation is limited, at our option, to replacement of the affected goods, issuance of a credit to your account, or a refund of the purchase price of the affected goods. This is your sole and exclusive remedy. We are not liable for your lost profits, lost sales, markdowns, replacement costs, freight on substitute goods, or any customer claims against you.
10.5 Return authorization. No goods may be returned without a written Return Authorization from us. Goods returned without authorization may be refused or returned to you at your expense, and will not be credited. Authorized returns must be shipped within fifteen (15) days of authorization in original packaging, with the RA number visible on the outside of each carton.
10.6 Non-returnable goods. Closeout, clearance, warehouse sale, sample, discontinued, custom, personalized, and made-to-order goods are sold as-is and are not eligible for return, exchange, or credit except where defective.
SECTION 11 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
11.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per account, per payment method, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.
11.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, billing contact, payment credentials, and tax exemption documentation, so that we can complete your transactions and contact you as needed.
11.3 You agree to notify us in writing within ten (10) days of any change in your entity name, ownership, control, business address, or financial condition, including any bankruptcy, insolvency, receivership, or assignment for the benefit of creditors.
11.4 For more details, please review our Wholesale Return, Refund & Claims Policy at https://briannacannonwholesale.com/policies/refund-policy
SECTION 12 — RESALE, AUTHORIZED CHANNELS, AND LICENSED PRODUCTS
12.1 Purchase for resale. Goods are sold to you for resale to end consumers in the ordinary course of your retail business. You may not purchase for personal use, and you may not sell or transfer goods to other wholesalers, jobbers, liquidators, diverters, or distributors without our prior written consent.
12.2 Licensed products. Certain goods bear trademarks, logos, names, and other intellectual property licensed to us by third parties, including collegiate institutions, professional sports leagues, and event organizers. Those goods are subject to additional restrictions imposed by our license agreements, including restrictions on the channels, territories, and retail formats in which they may be resold.
12.3 Authorized channels. Licensed goods may be resold only through the specific retail locations, e-commerce sites, and territory authorized on your approved account. Resale of licensed goods through any location, site, channel, or territory not expressly authorized on your account — including third-party online marketplaces — is prohibited. You agree to provide, on request, a current list of all locations and sites through which you resell our goods, and to obtain our written approval before adding any new location, site, or channel.
12.3.1 Disposition of licensed goods removed from sale. Licensed goods that are rejected, claimed as damaged or defective, or otherwise removed from sale may not be resold, liquidated, donated, diverted, transferred, or otherwise disposed of through any third party. Such goods must be returned to us or destroyed with written certification of destruction, in each case according to our written instruction.
12.4 No modification of licensed goods. You may not alter, decorate, embellish, embroider, screen print, combine, repackage, or otherwise modify licensed goods, or remove or replace any licensed-property marking, label, or hangtag.
12.5 Consequences. Resale of licensed goods outside authorized channels exposes us to breach of our license agreements. In addition to any other remedy, we may immediately suspend or terminate your account, cancel all open orders, require the return of unsold licensed goods at your expense, and recover from you any damages, penalties, royalties, or costs we incur as a result.
12.6 Trademark license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our brand names, trademarks, and product images solely to advertise and resell the goods you have purchased from us. You may not modify our marks or images, use them in a manner suggesting endorsement of any other product, register any confusingly similar mark or domain name, or continue any use after your account is terminated. All goodwill from your use inures to us.
12.7 Retail pricing. You are free to determine your own resale prices. Any minimum advertised price policy we adopt will be communicated separately as a unilateral policy and is not a term of this agreement.
SECTION 13 — OPTIONAL TOOLS
13.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
13.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13.3 Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
13.4 We may also, in the future, offer new Services and/or features through the website. Such new features and/or Services shall also be subject to these Terms.
SECTION 14 — THIRD-PARTY LINKS
14.1 Certain content, products, and Services available via our Service may include materials from third parties.
14.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
14.3 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 15 — USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
15.1 If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
15.2 We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.
15.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
SECTION 16 — PERSONAL INFORMATION
16.1 Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at https://briannacannonwholesale.com/policies/privacy-policy
16.2 Business contact information you provide, including buyer names, titles, email addresses, and phone numbers, may be used to administer your account, process orders, and send transactional and commercial communications relating to our wholesale program.
SECTION 17 — ERRORS, INACCURACIES, AND OMISSIONS
17.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
17.2 We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information has been modified or updated.
SECTION 18 — PROHIBITED USES
18.1 In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 19 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
19.1 We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.
19.2 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.
19.3 In no case shall Brianna Cannon Wholesale, B CANNON LLC, or 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 sales, markdowns, lost savings, loss of data, replacement costs, cost of substitute goods, or claims made against you by your own customers, 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, even if advised of their possibility.
19.4 Liability cap. To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to these Terms, the Service, or any goods sold hereunder shall not exceed the amount you actually paid us for the specific goods giving rise to the claim.
19.5 Because some states or jurisdictions do not allow the exclusion or 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.
SECTION 20 — INDEMNIFICATION
20.1 You agree to indemnify, defend, and hold harmless B CANNON LLC, Brianna Cannon Wholesale, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your breach of these Terms or the documents they incorporate by reference; (b) your violation of any law or the rights of a third party; (c) your resale, marketing, advertising, modification, or handling of the goods; (d) your resale of licensed goods outside authorized channels; or (e) any claim by your customers relating to goods you resold.
SECTION 21 — FORCE MAJEURE
21.1 We are not liable for any delay or failure to perform arising from causes beyond our reasonable control, including acts of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, strikes, raw material or component shortages, supplier or manufacturer failure, factory closure, port congestion, carrier delay or capacity shortage, utility or telecommunications failure, cyberattack, changes in law, tariffs, embargoes, customs action, or governmental order. During any such event we may allocate available inventory among customers as we determine.
SECTION 22 — TERMINATION, SEVERABILITY, AND ENTIRE AGREEMENT
22.1 Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
22.2 Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services.
22.3 Survival. The obligations and liabilities of the parties incurred prior to the termination date shall survive termination. Sections 3, 7, 10, 12, 16, 19, 20, 22, and 23 survive termination of these Terms and of your account.
22.4 Assignment. You may not assign or transfer these Terms, or any rights under them, including by operation of law or in connection with a change of control, without our prior written consent. We may assign these Terms without restriction.
22.5 No waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
22.6 Entire agreement. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any terms contained in your purchase order, vendor agreement, routing guide, vendor portal, or other document that add to, differ from, or conflict with these Terms are expressly rejected and have no effect unless accepted by us in a writing signed by an authorized representative. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 23 — GOVERNING LAW AND VENUE
23.1 These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
23.2 The exclusive venue and jurisdiction for any dispute arising out of or relating to these Terms shall be the state and federal courts located in Dallas County, Texas, and each party consents to personal jurisdiction there and waives any objection based on venue or inconvenient forum.
23.3 Limitation period. Any claim arising out of or relating to these Terms or any goods sold hereunder must be brought within one (1) year after the cause of action accrues, or it is permanently barred, except for claims by us for payment of amounts owed.
SECTION 24 — CHANGES TO TERMS OF SERVICE
24.1 You can review the most current version of these Terms at any time on this page.
24.2 We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at wholesale@briannacannon.com.
Our contact information is posted below:
B CANNON LLC d/b/a Brianna Cannon Wholesale 3320 Towerwood Drive Farmers Branch, TX 75234 United States
Wholesale orders and account inquiries: wholesale@briannacannon.com Phone: 469-604-6770
Invalid password
Enter