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Terms of Service - [Your Company Name]

Terms of Service (TOS)

Effective Date: [Insert date]

These Terms of Service (“Terms”) govern your use of the website [your-website.com] (the “Site”) and the purchase of goods from [Your Company Name]. By accessing or using the Site, you agree to be bound by these Terms.

1. Definitions

  • Customer: Any person or business purchasing goods (retail or wholesale).
  • Wholesale Customer: Business entity approved to purchase at wholesale pricing under special criteria.
  • Retail Customer: Individual or business purchasing at standard retail pricing.
  • Products: Consumer goods sold on the Site.

2. Account Registration

  • Customers may need to create an account to place orders.
  • You agree to provide accurate information and keep credentials secure.
  • Wholesale accounts may require additional vetting (resale certificate, credit check, business verification).

3. Orders and Acceptance

  • Receipt of an order does not constitute acceptance. We reserve the right to refuse or cancel orders for any reason (e.g., stock unavailability, pricing errors, failed verification).
  • Wholesale orders may be subject to minimum order quantities and credit approval.

4. Pricing and Payment

  • Prices are as listed on the Site unless otherwise stated.
  • We accept payment methods displayed at checkout. Payment is processed securely; you authorize charges for your order.
  • Taxes, duties, and shipping fees may be added unless explicitly included.

5. Shipping and Delivery

  • Shipping methods, costs, and estimated delivery times are provided at checkout.
  • Risk of loss passes to you upon shipment (unless otherwise specified).
  • Delays do not constitute breach if due to carrier or unforeseeable issues.

6. Returns, Refunds, and Exchanges

  • Retail returns: [Insert your retail return policy, e.g., “30-day return for unopened items with receipt.”]
  • Wholesale returns: Generally final sale unless agreed in writing; exceptions must be pre-approved.
  • Defective items must be reported within [X] days of receipt for evaluation.

7. Wholesale-Specific Terms

  • Minimum Orders: Wholesale customers must meet specified minimum order quantities.
  • Resale Restrictions: Wholesale goods are for resale; retailing outside agreed channels may be restricted.
  • Credit Terms: Extended payment terms (if any) are subject to credit approval; late payments may incur fees or suspension.

8. Intellectual Property

All content on the Site (text, graphics, logos, product images) is owned or licensed by us. You may not copy, modify, or use any content except as necessary to purchase products.

9. User Conduct

You agree not to:

  • Use the Site for unlawful purposes
  • Interfere with Site functionality
  • Circumvent any access restrictions

10. Disclaimers and Limitation of Liability

  • THE PRODUCTS AND SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY STATED.
  • We are not liable for indirect, incidental, or consequential damages.
  • Our aggregate liability is limited to the amount you paid for the specific order.

11. Indemnification

You agree to indemnify and hold us harmless from any claims arising from your violation of these Terms or misuse of the Site.

12. Termination

We may suspend or terminate your access for violations, non-payment, or suspicious activity, without prior notice. Upon termination, outstanding obligations survive.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of [State/Country—insert jurisdiction], without regard to conflict of laws principles.

Disputes may be resolved via:

  • [Option A] Binding arbitration (insert arbitration rules), or
  • [Option B] Courts located in [City, State/Country].

14. Changes to Terms

We may update these Terms; material changes will be posted with a revised “Effective Date.” Continued use after notice signifies acceptance.

15. Miscellaneous

  • Force Majeure: We are not liable for delays due to causes beyond our control.
  • Severability: If any part is invalid, the rest remains effective.
  • Entire Agreement: These Terms and any referenced policies constitute the entire agreement.

16. Contact Information

  • Company Name: [Your Company Name]
  • Email: [support@yourdomain.com]
  • Address: [Physical address]
  • Phone: [Optional]

Disclaimer

The information provided in these templates is for general informational purposes only and does not constitute legal advice. Use of these templates does not create an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction to tailor these documents to your business and ensure compliance with applicable laws.