Ernesta Trade Program Terms

Last Updated: Sept 13, 2023We're excited to welcome you to the Ernesta Home, Inc. Trade Program (the "Trade Program"). The terms and conditions applicable to the Trade program are set forth herein ("Trade Program Terms"). Ernesta reserves the right to modify the Trade Program Terms, including the list of benefits available under the Trade Program, in its sole discretion without prior notice. When we post material modifications to the Trade Program Terms, we will revise the “Last Updated” date at the top of this section. Your use of the Trade Program after the posting of any update to the Trade Program Terms constitutes your agreement to be bound by such Trade Program Terms, as revised. We encourage you to periodically review this section for the latest Trade Program Terms. If you object to any update to the Trade Program Terms, your sole recourse is to stop using the Trade Program.Use of the Ernesta.com website is subject to the Ernesta Terms of Use at Terms of Use and the other rules and policies on such website.

MEMBERSHIP BENEFITS AND RULES

Members receive (i) a discount of 20% on full-price merchandise at Ernesta.com; and (ii) free samples. No minimum purchase is required. The trade discount applies to merchandise only and does not apply to reduced price, sale or clearance products. The discount cannot be combined with other promotions or offers, applied to past purchases or future purchases and may not be redeemed for cash. Ernesta merchandise is for residential use only and all purchases through the Trade Program must be for residential, non-commercial use.

BECOMING A MEMBER

By applying to participate in our Trade Program you agree to the following terms and conditions:
  • Membership in our Trade Program is limited to interior designers, architects, developers, set designers, and stagers and members of design firms and members of architecture firms in the United States.
  • The Trade Program member shall be the business entity itself, and each user who enrolls a business entity in the Trade Program must be authorized to do so on behalf of such entity. Each Trade Program member acknowledges and agrees that it shall have sole responsibility for its users' access to and use of its Trade Program account and all activity thereon, and that Ernesta shall have no liability in connection therewith.
  • In addition to completing our application with current and accurate information, you must supply: (i) proof of membership to a trade organization or a copy of your business license; and (ii) your company website or social media page, or a copy of your company letterhead.
  • Membership is non-transferable and Ernesta reserves the right to modify or revoke your membership for any or no reason, including without limitation for any of the following violations:
    • using the trade discount for personal purchases;
    • any resale, redistribution, or attempted resale or redistribution, through any third party of merchandise purchased using the trade discount;
    • transfer or attempted transfer of membership;
    • submitting false or misleading information to Ernesta; and/or
    • any other activity that, in Ernesta's sole determination, damages or infringes the reputation, rights and/or activities of Ernesta, its customers, suppliers, commercial partners, trade partners, employees or contractors.
Ernesta reserves the right to approve or deny any applications to the Trade Program for any reason and at any time in its sole discretion. Any determination by Ernesta to deny or revoke your Trade Program membership shall be made in Ernesta's sole discretion and is not subject to appeal.

TAX-EXEMPT PURCHASING

If you are a member with tax-exempt status, you may be eligible to make tax-exempt purchases from Ernesta. To request tax-exempt status, you must provide us with a valid resale certificate or other tax exemption certification acceptable to the tax authority for the jurisdiction in which you are requesting tax exemption through the Trade Program. We reserve the right to approve or deny any request at our sole discretion at any time. If we approve your request, then subject to these Terms, we will not collect sales or use taxes from you for purchases made from Ernesta that are shipped to a jurisdiction for which you have been approved during the time period set forth in your resale certificate or tax exemption certification.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

You represent and warrant to Ernesta that any resale certificate or tax certification that you provide to us is valid and accurately reflects your tax status, and that you will provide updates as needed to ensure the resale certificate or other certification remains accurate at all times. Ernesta is not responsible for, and will not collect or remit, sales or use tax for any products or services that you purchase from Ernesta using an account designated with tax-exempt status and shipped to enrolled state tax jurisdictions. You agree not to use your tax-exempt account for the purchase of products or services that are not eligible for tax-exempt status. You further agree that if you do not use the products or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to make purchases using your organization's payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). You agree to indemnify and hold Ernesta harmless for any and all claims relating to your breach of any representation, warranty, or obligation set forth in this section.

YOUR MEMBERSHIP STATUS

To check your membership status or for any questions regarding the Trade Program, please contact Ernesta, by calling (347-947-2177) or emailing us at trade@ernesta.com.