Minimum Advertised Prices Policy

MAP – CATA1OG.COM

PLN Distributions as commercial partner of the affiliated brands, provides advertising and promotional material for their national distributors and/or sales representatives at none or nominal cost. Since its publication date this minimum advertising prices policy (“MAPP” by its acronyms) will be effective for every product offered by PLN Distributions through the web platform named cata1og.com (CATA1OG.COM)  and through any of its sales and marketing channels to distributors and/or sales representatives.

FIRST. SCOPE OF APPLICATION AND MOTIVATION OF THE IMPLEMENTATION OF MAPP. This policy applies to distributors and sales representatives. The implementation of this MAPP obeys the interest of PLN Distributions to preserve the good reputation of the company and the products of the affiliated brands, the professionalism, as well as a service with guarantees and stable prices. This way, we intend to offer consumers high-value products, encouraging an adequate price competition with the best offers, preserving the image and value of each of the affiliates through the regular sales channels.  

SECOND. POLICY VIOLATION. PLN Distributions, according to its exclusive criteria, reserves the right to interrupt its commercial activity with any reseller that announces any product covered by this MAPP at a price lower than the priced listed according to this policy (“MAPP PLN products). PLN Distributions, at its sole discretion, will apply the MAPP as described in these guidelines. 

THIRD. UNILATERALITY OF THE POLICY. The present constitutes a policy or a unilateral guideline established by PLN Distributions for its distributors and sales representatives and, in no case constitutes an agreement between PLN Distributions and its distributors and sales representatives for the fixing of sale prices.

FOURTH. POLICY EXTENT ONLY TO THE ADVERTISED PRICES. This policy only applies to the advertised prices and does not apply to the price at which products are sold or offered to an individual customer on a distributor´s site. Listed prices on internet sites are considered as announced prices and they should obey this MAPP. 

FIFTH. ADVERTISED PRICES COVERED BY THE POLICY. The MAPP applies to all ads of all brands associated with PLN Distributions in each and every type of media, included, among others: brochures, posters, coupons, emails, inserts, press, magazines, catalogs, mail order catalogs, email newsletters, email requests, banners, post-sale advertising, Internet or similar electronic media, television, radio and public signage. 

Nevertheless, the MAPP doesn’t apply to the physical advertising of a store that is not distributed to customers or consumers

SIXTH. MAXIMUM ANNOUNCED PRICES. This MAPP policy does not establish maximum announced prices. Sellers can announce products from brands affiliated to PLN Distributions at any price above the MAPP.  Distributors may advertise their products with phrases such as “Best price” “lowest price” or similar phrases as long as they are not inferior to those stated in the list (“MAPP PLN Products)

SEVENTH. WAYS TO OBTAIN THE SALE PRICE THAT DO NOT CONSTITUTE A VIOLATION OF THE MAP. It is not considered an infraction of this MAPP the announcement that a customer can “call to get price”, “ send an email to find out the price” or “add to cart to see the price”, neither by using a similar language, particularly in relation to the products offered by PLN Distributions as long as no price is provided through the channels mentioned in point three. 

EIGHT. The distributor or associate seller agrees to keep all associated brands of PLN Distributions as the property of each brand and use advertising materials provided by PLN Distributions or associated brands in authorized manner only. 

NINTH. PRODUCT GROUPING. Grouping of products offered by PLN Distributions for their sale along with other products, will be considered a violation of this MAPP when:

1. The announced price in the package or group deal represents a discount of more than 15% of the MAPP policy.

TENTH. POLICY REVIEW. PLN Distributions reserves the right at any time to modify, suspend or discontinue this MAPP, introduce or remove products to this MAPP, as well as participate in offers or sales respect to certain products. 

ELEVENTH.  NON-PERFORMANCE OR BREACH OF THE POLICY. Intentional or repeated failure to comply with this policy will result in the end of the representation, distribution or any other type of business relationship. PLN Distribution does not have the intention of conducting business with distributors or sales representatives that damage the image of PLN Distributions, its associated brands and its products. PLN will not give prior notice or warnings before taking any action under this policy. PLN Distributions reserves the right to cancel any pending order, restrict future orders or suspend the account of affiliates, distributors, commercial agents, among others, if PLN Distributions has reason or reasonable suspicion that:

1. Any violation or breach of this policy as provided.
2. An intention that can be proven to violate this policy.

TWELFTH. COMPENSATION. Distributors and resellers do not have the right to apply the MAPP policy. Infractions of this policy can result in any of the sanctions mentioned above, included the termination of our business relationship, as well as any reparation provided by law.

THIRTEENTH. It shall be responsibility of the policy Administrator of PLN Distributions MAPP to determine if any of the parties has incurred in any violation of MAPP, as well as to determine the appropriate sanctions according to these policies, obligations and guarantees provided by regulations in the matter. It is the duty of PLN Distributions to monitor the announced prices by distributors and resellers, either on its own or through a third party or software solution.

This MAPP has been established by PLN Distributions to protect its legacy and its associates, as distributors of high range goods and services with responsibility and transparency, to avoid trademark erosion (brand erosion), and to protect the reputation of its name and the associated brands. The MAPP is also designed to avoid damaging the image of PLN Distributions and maintain a solid reputation among the final consumers of the offered products. 

If you have any questions or suggestions about the matters determined here, please communicate through the following email info.us@cata1og.com  or the following contact number +1786 574 3472

GENERAL SALES TERMS FOR RESALE THROUGH CATA1OG.COM E-COMMERCE

PLATFORM

SECTION I. GENERAL TERMS AND CONDITIONS APPLY ON THE FOLLOWING PARTS: 

1. i) PLN Distributions LLC, commercial partnership created under the laws of the state of Florida, United States (from here on “PLN”), as the SELLER and ii) The natural or legal person who is a registered user in the electronic commerce platform called CATA1OG.COM, owned by the SELLER, whose full identification is the one informed in the registration form completed previously through the same electronic commerce platform (from here on the "USER") as the BUYER

SECCIÓN II. BACKGROUND AND CONSIDERATIONS. 

First. PLN is a company constituted under the laws of the state of Florida, United States, dedicated to both wholesale and retail sale of consumer products, including garments, accessories, cosmetics, girdles, underwear and swimwear. 

Second. That in the course of its commercial activity, PLN sells products to marketers or retailers that sell their products to final consumers through their own physical and electronic channels. 

Third. In order to channel sales to marketers or retailers, PLN created and keeps in operation the e-commerce platform called CATA1OG.COM, which functions as a Marketplace or sales site through which marketers or retailers submit purchase orders to PLN of the products sold by the company. 

Fourth. The USER with the registration in the e-commerce platform PLN has expressed interest in using said platform to buy the products marketed by PLN to resell them to the final consumers. 

Fifth. That these GENERAL TERMS AND CONDITIONS will apply to all purchase operations that are carried out between PLN and THE USER through the PLN ecommerce platform. 

SECCIÓN III. CONDITIONS 

FIRST. CAPABILITY.  

The USER, by using the CATA1OG.COM platform and completing the purchase process, declares to be a capable person and have enough corporate or statutory representation powers to use the platform on behalf of the registered legal entity, according to the applicable laws. 

SECOND. OBJECT.  

Through these GENERAL SALES TERMS FOR RESALE THROUGH CATA1OG.COM ECOMMERCE PLATFORM, the involved parties establish the conditions under which the sale of goods by The Seller to the Buyer is made, as well as the terms and conditions under which THE USER acquires said merchandise to market them in the United States independently and at their own risk. 

THIRD. REACH.  

The terms of sale and conditions of resale will apply to every purchase and sale operations of merchandise by PLN as the SELLER and the USER as the BUYER. 

FOURTH. PURCHASE ORDERS.  

For the purchase of the products, THE USER will place purchase orders through the e-commerce platform called CATA1OG.COM. Each purchase order will indicate the item, attributes and amount of units to be purchased, according to the purchase or check-out process foreseen in the e-commerce platform. Once the purchase order is received, PLN will proceed to verify the availability of the products and notify the USER by email the acceptance or rejection of the purchase order. 

FIFTH. REJECTION OF PURCHASE ORDERS.  

Once the USER completes the purchase or check-out process through the ecommerce platform, PLN may reject or confirm the purchase order within the following 01 business days. In the event that PLN does not expressly accept the purchase order during the aforementioned time, the order will be deemed rejected. In the event that the order is or is understood rejected, there will be no contract of sale between the parties. 

SIXTH. PURCHASE ORDERS MODIFICATIONS  

THE USER knows and accepts that even after the approval of the complete purchase order through the e-commerce platform, PLN may at its discretion cancel the order or limit the number of units to be sold to the USER, notifying THE USER through the email registered in the e-commerce platform. 

In the event that a product is not available for delivery or dispatch in the period of time offered through the electronic commerce platform, PLN will notify the USER about this situation so that the latter notifies its decision among one of several  options that PLN offers the USER: i) Cancel the order and get total refund, ii) accept that the shipment is made on the date the products are available or iii) modify the order so that another product is sent in replacement of the one that is not available. 

Seventh. COLORS AND DISPLAYS ACCURACY.  

THE USER knows and accepts that CATA1OG.COM is an e-commerce platform that shows through images and descriptions the products marketed through it. Likewise, THE USER understands that PLN has done everything in its power to exhibit the colors, displays and characteristics of the products with the greatest precision, but accepts that the presentation and perception of proportions, as well as the intensity and tonalities of the colors may vary depending on of the photographs and the configuration of the monitor or screen of the computer or electronic device used to view the images of the products. 

Both the images and descriptions, available quantities and prices, are subject to be modified from time to time by PLN without requiring permission or having to provide prior notice to the USER. These changes will be effective immediately at the time of publication on the e-commerce platform CATA1OG.COM. 

Eighth. PRICES OF THE PRODUCTS.  

The purchase price of the products will be the one published in the e-commerce platform CATA1OG.COM at the moment in which the purchase or check-out process is completed through the aforementioned platform, as long as PLN accepts the purchase order. The purchase price will be stated in the summary of the order at the end of the purchase or check-out process and in the confirmation of the purchase order. 

THE USER expressly accepts that the prices offered through the platform are commercial and do not restrict in any way the competition or the market. Likewise, the USER knows and accepts that the prices are subject to be modified by PLN without prior notice, entering into force the new prices once they are published in the e-commerce platform CATA1OG.COM 

Ninth. PLN OBLIGATIONS  

PLN obligations, in addition to those provided in other sections of these general terms and conditions, include the following: 

1. Send the USER, through the means of transport indicated in the purchase or check-out process, the products that are the subject of the purchase order, once the purchase order is accepted by PLN.
2. Provide the USER with the information related to the products purchased and the status of the purchase order.

Tenth. OBLIGATIONS OF THE USER.  

The following are the obligations of the USER, in addition to the other obligations indicated in these conditions by said party: 

1. Pay the full price of the products under the terms and conditions provided in the purchase order. In the event of a delay in the payment of the amount owed, PLN may charge interest at the highest legal rate allowed and the value of the collection fees and expenses that may be generated.
2. Sell in your own name the products you acquire from PLN through the ecommerce platform CATA1OG.COM, using your own sales channels to reach the final consumer, such as online and physical stores operated by THE USER.
3. Permanently respect PRIMARY DISTRIBUTION CHANNELS.
4. Accept the invoices issued by PLN, for the value of the products ordered by THE USER through the electronic commerce CATA1OG.COM.
5. Respond to the requests of information made by PLN on purchases and sales made.
6. THE USER agrees to use the brand and logos provided by the PLN in all advertising, promotional, professional and commercial material. For the presentation and advertising of the products, the USER will mention the brand thereof together with their brand as seller. Likewise, THE USER undertakes to comply with and respect the rules on protection of industrial property, obliging to give appropriate use to the brands of the products sold to it through CATA1OG.COM, under the terms and conditions of this contract. The use of the trademarks is exclusively for commercial purposes and does not involve a trademark license agreement. Likewise, the USER is categorically prohibited from modifying or altering in any way the trademarks, banners, slogans or other industrial or intellectual property rights associated with the products sold to him through the e-commerce CATA1OG.COM.
7. THE USER, despite being the owner of the products purchased from PLN for resale, is obliged in favor of PLN, in order to maintain the identity of the product and the positioning of the brand, not to modify or alter under any circumstances the products that are the subject of the sale or their brands, unless expressly authorized in writing by PLN. 
8. THE USER agrees to terminate the commercial and / or contractual relationship with PLN, whatever the reason, to withdraw and cease the use of any of the signs, advertisements, signs, forms and advertising material that may be given by the impression that THE USER continues to be an authorized reseller of PLN or its products. The advertising costs required for the resale of the products will be charged to THE USER. 
9. Update your contact information and inform PLN about any modification. Eleventh. SHIPMENT.

The products that are the object of the purchase order will be sent to the USER by PLN in the terms and periods of time indicated in the purchase order, provided that the products are available and the purchase order has been accepted and is in force, through the mean of transport established in the purchase order. 

THE USER knows and accepts that PLN does not provide the cargo transport service, and that, on the contrary, for the purpose of attending the shipment of the products to THE USER, PLN outsources a transport and delivery company. 

According to what is specified in the purchase or check-out process, in attention to the place of shipment of the merchandise and the total amount of the order, PLN may offer free shipping or offer such service with a cost in cash charged to the USER, the which will be paid together with the price of the products in the terms provided in the purchase order. 

Twelfth. PRIMARY DISTRIBUTION CHANNELS.  

PLN grants THE USER, as buyer, the non-exclusive right to resale the products purchased from PLN through the primary channels of distribution indicated below: 

• Specialized and non-specialized physical stores operated by THE USER.
• Websites of electronic commerce operated by THE USER.

PLN reserves the right to sell to consumers, directly or through branches, parents, subordinates or any other related entity, the products listed on the e-commerce platform, through any distribution channel, including those mentioned above. In any case, PLN will have full liberty to establish direct sales or going to other distributors or resellers through physical commerce establishments and electronic stores. 

By virtue of the acceptance of these GENERAL CONDITIONS, THE USER agrees in favor of PLN not to make sales through distribution channels other than those mentioned above. Likewise, PLN reserves the right to make sales through online sales channels through marketplaces or multi-brand electronic stores other than those owned by the USER, such as Amazon.com, Jet.com, Walmart, eBay.com and Sears.com. Consequently, THE USER undertakes not to sell or offer the products purchased from PLN through the aforementioned marketplaces or multi-brand electronic stores. 

If the violation to the obligations assumed in this clause by the USER is verified, PLN may take any of the following measures: 

1. Temporarily suspend sales to THE USER for a period of time determined by PLN.
2. Permanently suspend sales to THE USER.
3. Disable the credentials of THE USER to access the e-commerce platform CATA1OG.COM.
4. Cancel the pending orders to be shipped, during the duration of the temporary suspension of sales or definitively in case of definitive cessation of sales to the USER and consequent cancellation of the credentials needed to access the ecommerce platform CATA1OG.COM to THE USER.

Thirteenth. PROFITS OF THE USER  

PLN grants the USER the non-exclusive right to sell the products and merchandise acquired by the latter through the platform CATA1OG.COM. Consequently, the profit or utility of THE USER consists in the difference between the purchase price to PLN and the sale price to the consumer. THE USER assumes on his own account the risk of sales, the generation of surpluses and the remuneration depending exclusively on his own activity and success in the market. 

Given that this is a sale for resale business, PLN is not liable to commissions, royalties or any other type of remuneration for and on behalf of PLN in favor of THE USER.  THE USER has full liberty to determine the selling price to the final consumer strictly adhering to the supply and demand market, abstaining from setting prices arbitrarily and ignoring the game of free competition. However, PLN reserves the right to design and implement policies of minimum prices offered (Minimum Advertised Prices Policy), understanding that such prices offered are not agreements to fix the resale prices. 

Fourteenth. LEGAL NATURE OF THE RELATIONSHIP BETWEEN PARTIES.  

Once the purchase order is accepted, an agreement of sale for the resale of the products sold by PLN to THE USER arises between the parties. Neither these GENERAL TERMS AND CONDITIONS, nor the contract arising from the acceptance of the completion of the purchase or check-out process by THE USER and the subsequent acceptance of the purchase order by PLN constitute distribution agreements or commercial agency. Therefore, PLN will not be obliged to accept any of the purchase orders, and will only be obliged to comply with and complete those accepted by PLN and that have not been subsequently canceled. PLN reserves the right to accept or reject, totally or partially, any order received from THE USER. 

Due to the excellent quality of the products marketed through the e-commerce platform CATA1OG.COM and its notorious good will nationally and internationally, THE USER will only make the purchase for the subsequent resale, and the conquest of the market will not be considered relevant, which occurs as the result of the excellent quality of the products marketed and the excellent positioning of the brands          of        the      products        marketed      through          the             e-commerce            platform CATA1OG.COM. 

The USER knows and accepts that he or she does not have the status of representative or agent of PLN, and that he does not acquire obligation to conquer the market or to promote the PLN business, so that there is not configured between PLN and THE USER a merchant agency or an agency agreement of any kind. Consequently, PLN will not be obliged to pay any amount of money to THE USER for good will, conquest of the market or similar concepts. 

The Parties declare that there is no employment link between them or between the staff of each team. Each of the Parties has autonomy as well as technical, administrative, and managerial liberty for the execution of this Contract. 

THE USER may under no circumstances assume the functions of the commercial agency and abstain at all times from acting on behalf of PLN. 

Additionally, the USER will be the sole responsible party for all claims that consumers or buyers of the products marketed by THE USER present for reasons of quality, safety, suitability and guarantees of the products sold. THE USER accepts that PLN has no obligation of indemnity against THE USER for the claims, convictions and fines that are imposed for the above reasons, unless they are presented by the gross negligence or intent of PLN. 

Fifteenth. CONFIDENTIALITY  

PLN is the legitimate holder of a business secret consisting of technical knowledge that constitutes practical information derived from the experience and tests carried out by PLN, and that is secret, substantial and specific, foreign to the public, with a commercial value because it is secret and that has been subject to reasonable measures for its protection by PLN. 

The aforementioned commercial and technical knowledge includes information that is indispensable to THE USER, for the use, sale or resale of the products purchased from PLN. 

In execution of the sales for the resale business that the parties celebrate, THE USER will have access to the secret information of which PLN is a legitimate holder. Consequently, they agree with the acceptance of these GENERAL TERMS AND CONDITIONS, the confidentiality of the information transmitted in the development of the commercial and / or contractual relationship and express the interest to keep strictly and not reveal the information acquired in the performance of negotiations, contracts or deals to link them, whatever their nature 

THE USER undertakes to keep all information to which THE USER has access due to the sale for resale business relations with PLN, whose confidentiality is prevented in these GENERAL TERMS AND CONDITIONS. Once known the business secret and technical knowledge THE USER must refrain from using or disclosing it, to disclose it without just cause and without the consent of PLN. 

THE USER undertakes from now on to keep absolute confidentiality on the documents, work records, commercial conditions, and other information to which he has direct or indirect access during the development of the commercial relationship with PLN. 

Sixteenth. REVISION AND MODIFICATIONS OF GENERAL TERMS AND CONDITIONS.  

PLN reserves the right to revise, modify or suspend these GENERAL CONDITIONS OF SALE FOR RESALE THROUGH THE "CATA1OG.COM" PLATFORM at any time and without prior notice. The revised or modified general terms and conditions will become effective once they have been published, and will apply from that moment on, as well as for all purchase orders made after the modification or revision of the general conditions comes into force. In the event that for the entry into force of the modifications or revisions of the general terms conditions a purchase order is pending acceptance, or has been accepted and is in execution, it will continue to  be in force until its completion by the general terms and conditions that were in force at the time of the remission of the purchase order. 

In accordance with the foregoing, THE USER accepts that it is his or her responsibility to periodically check these terms and conditions to verify if there have been changes in them and accepts that the use of the CATA1OG.COM platform after the publication of the revision or modification of the terms and conditions will be understood as THE USER’s acceptance of the new and updated GENERAL SALES TERMS FOR RESALE THROUGH CATA1OG.COM E-COMMERCE PLATFORM. 

Seventeenth. NON-COMPLIANCE.  

THE USER knows and accepts that, in case of violation of the general terms and conditions by THE USER set forth herein, PLN may take any of the following measures or remedies: 

1. Temporarily suspend sales to THE USER for a period of time determined by PLN.
2. Permanently suspend sales to THE USER.
3. Disable the credentials of THE USER to access the e-commerce platform CATA1OG.COM.
4. Cancel the pending orders to be shipped, during the duration of the temporary suspension of sales or definitively in case of definitive cessation of sales to the USER and consequent cancellation of credentials to access the e-commerce platform CATA1OG.COM to THE USER.

The above measures or remedies are without prejudice to the right of PLN to claim compensation for all damages suffered by PLN due to the USER’S non-compliance or breach of these general terms.

Eighteenth. COMPREHENSIVE AGREEMENT.  

THE USER and PLN know and accept that they will not recognize the validity of verbal stipulations related to the present GENERAL TERMS AND CONDITIONS OF SALE FOR RESALE, which constitute the complete and total agreement about its object and replaces and leaves without effect any other verbal contract or written between the parties beforehand. 

The present GENERAL TERMS AND CONDITIONS OF SALE FOR THE RESALE and the sales contracts that are celebrated during the operations between PLN and THE USER will be governed and interpreted in accordance with the laws of the state of FLORIDA. 

Nineteenth. PREVENTION OF MONEY LAUNDERING.  

The Parties undertake to deliver in a timely and truthful manner, at the request of the other party to this contract, all the information and documentary supports necessary for the purposes of money laundering control. However, they declare with the  signing of this contract that all their income comes from lawful activities and that the money and resources destined to the execution of this contract are also of legal origin and that they come from the development of their economic activity and / or the object social and in any case of lawful acts. Both parties declare that neither he nor his partners are identified, either by alias, pseudonym, or nickname in the list called "Specially designated nationals" or "Blocked persons" maintained by the US Treasury Department’s Office of Foreign Assests Control. (Whose texts are available at www.treas.gov/offices/enforcement/ofac/ ) They also declare that he and his partners and affiliates comply with all laws against money laundering, corruption and terrorism. The foregoing constitutes a continuous declaration and warranty by the parties and their principal partners, and they are obliged to inform the other party of any circumstance that may cause the above statements and warranties to be false, incorrect or misleading. 

Twentieth. VALIDITY.  

The present GENERAL SALES TERMS FOR RESALE THROUGH CATA1OG.COM E-COMMERCE

PLATFORM come into force as of its publication on January 01, 2018.