TERMS & CONDITIONS
Brand Name Wholesale Inc
DBA Brand Name Wholesale
Website: brandnamewhole.sale
Address: 709 Arroyo St STE A, San Fernando, CA 91340
Email: sales@brandnamewhole.sale
Effective date: Immediately upon publication
1. INTRODUCTION
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Brand Name Wholesale Inc, doing business as Brand Name Wholesale (“Company,” “we,” “us,” or “our”), and any business entity or individual acting on behalf of a business (“Customer,” “Buyer,” or “you”). By accessing or using the website brandnamewhole.sale (“Website”), placing an order, creating an account, or engaging in any transaction with the Company, the Customer acknowledges that they have read, understood, and agreed to be bound fully and unconditionally by these Terms.
The Company conducts business exclusively on a business-to-business (B2B) basis. All interactions, orders, communications, and transactions are presumed to be business transactions between legally authorized commercial parties. The Company does not sell consumer goods to individual end-users.
2. ELIGIBILITY AND ACCOUNT REGISTRATION
Use of the Website and placement of orders are limited to business entities capable of entering legally enforceable commercial agreements. By creating an account, the Customer represents that all information provided is accurate, complete, and reflective of a legitimate business. It is the Customer’s responsibility to ensure continuous accuracy of all account details, including business name, contact information, shipping information, resale documentation, and tax-related records. The Company reserves the right to approve, deny, suspend, or terminate accounts at its sole discretion without notice.
The Customer bears full responsibility for protecting account credentials. Any activity conducted under the Customer’s account shall be deemed authorized by the Customer. The Company is not responsible for breaches resulting from lost, stolen, misused, or compromised credentials.
3. NATURE OF BUSINESS AND PRODUCT INFORMATION
The Company operates as a wholesale distributor of general merchandise across all categories, including without limitation: household consumables, beauty products, health items, electronics, toys, apparel, closeouts, liquidations, and other goods legally tradable within the United States. The Company does not manufacture any products and does not represent itself as an authorized distributor for any brand unless explicitly stated.
All product descriptions, specifications, images, packaging details, variations, and related information are provided strictly for general reference. Goods may vary in appearance, packaging, condition, lot codes, expiration dates, or other attributes. The Customer understands that wholesale and closeout inventory may include mixed conditions, mixed packaging, or variations from retail presentation. The Company does not guarantee suitability of Goods for any specific purpose or marketplace.
The Customer assumes complete responsibility for researching product eligibility, listing rights, regulations, marketplace restrictions, brand approvals, category approvals, compliance with laws, and any requirements imposed by Amazon, eBay, Walmart, Shopify, or any other third-party platform. The Company does not provide assurances regarding marketplace permissions or ongoing sellability of any Goods.
4. ORDERS AND CONTRACT FORMATION
By submitting an order through the Website, email, text message, phone call, in person, or by any other method, the Customer makes a legally binding offer to purchase the Goods listed on the corresponding invoice, cart, quotation, or communication. A binding contract is formed when the Company issues an order confirmation, processes payment, or otherwise takes action indicating acceptance of the Customer’s order.
All orders placed with the Company are final. The Customer acknowledges that wholesale markets involve dynamic pricing, variable availability, volatile demand, and non-reversible procurement processes. Accordingly, once an order is submitted, the Customer has no right to cancel, rescind, revoke, or modify the order under any circumstance. The Company may, at its sole discretion, decline or cancel an order at any stage for any reason, including but not limited to inventory limitations, operational concerns, or compliance review.
5. PAYMENT TERMS
Payment must be made using one of the following methods: ACH transfer, wire transfer, Zelle, or cash. Any payment made by credit or debit card requires the Company’s express approval in advance and will only be accepted upon completion of a signed credit card authorization form. Any card-based transaction is subject to applicable processing and administrative fees.
Payment must be received within the time specified on the invoice, typically within one business day. Orders remain the property of the Company until payment is received in full. The Customer is solely responsible for verifying payment instructions with the Company prior to initiating any transfer. The Company bears no responsibility for funds sent to incorrect accounts if the Customer fails to confirm payment details directly with an authorized Company representative.
All taxes, duties, customs charges, governmental fees, and ancillary costs associated with the Customer’s business activities and resale of Goods are the sole responsibility of the Customer.
6. SHIPPING, DELIVERY, AND TRANSFER OF RISK
The Customer is responsible for arranging shipment and pickup of Goods, unless otherwise agreed in writing. When the Company provides assistance with shipping arrangements, such assistance is provided purely as a courtesy and does not imply responsibility for freight, customs, duties, insurance, delays, damages, shortages, losses, or carrier errors.
Risk of loss transfers to the Customer the moment the Goods leave the Company’s premises, are loaded for transportation, or are made available for pickup—whichever occurs first. The Company does not insure shipments and does not assume responsibility for damage or loss occurring during transit, regardless of which party booked the carrier.
If the Customer fails to pick up an order within seven days after notification of readiness, storage fees will accrue. Extended delays may result in long-term storage fees. Goods remaining uncollected for ninety (90) days shall be deemed abandoned. The Company may liquidate, repurpose, sell, recycle, or dispose of abandoned Goods without obligation to refund the Customer and without liability of any kind.
7. RETURN POLICY AND FINALITY OF SALE
All sales conducted by the Company are strictly final. The Customer acknowledges that due to the nature of wholesale distribution, liquidation sourcing, variable procurement channels, and business-to-business transaction standards, returns are not permitted under any circumstances. The Company does not issue refunds, credits, exchanges, or replacements for any reason.
No exceptions apply to marketplace restrictions, sellability issues, compliance matters, brand protection claims, intellectual property concerns, storage conditions, expiration windows, or any marketplace policy changes. The Customer bears full responsibility for determining whether Goods satisfy their business needs prior to purchase.
Any voluntary return or accommodation provided by the Company, if ever offered, shall be entirely discretionary and subject to a restocking fee of no less than twenty percent (20%), with higher fees applicable depending on product type, condition, and handling requirements. The Customer agrees that no past accommodation obligates the Company to grant future accommodations.
8. COUNTERFEIT, AUTHENTICATION, AND BRAND CLAIMS
The Company does not guarantee the Customer’s ability to sell Goods under any brand name or trademark. The Company sources from diverse channels including wholesalers, distributors, closeouts, and liquidations. All intellectual property rights remain with their respective owners.
If a Customer alleges that Goods are counterfeit, the Customer must provide a conclusive written determination from a reputable independent authenticator with recognized professional qualifications. Marketplace notices, automated alerts, or seller performance warnings do not constitute proof. The Company is under no obligation to accept claims from Amazon, Walmart, eBay, or any platform unless independently verified.
False or unsubstantiated counterfeit claims may result in legal action.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company is not liable for any direct, indirect, incidental, punitive, exemplary, or consequential damages arising from or relating to any transaction, including but not limited to: lost profits, lost revenue, lost business opportunities, lost marketplace privileges, account suspensions, delays, lost data, inaccurate listings, damaged reputation, regulatory issues, or third-party actions.
The Company’s maximum liability under any circumstances shall not exceed the amount actually paid by the Customer for the Goods in question. The Customer acknowledges that this limitation of liability is an essential term of this Agreement.
10. INDEMNIFICATION
The Customer shall indemnify, defend, and hold harmless the Company and its officers, directors, employees, affiliates, partners, agents, and successors from all claims, losses, charges, liabilities, fees, government actions, penalties, costs, attorney’s fees, and damages arising from or relating to: the Customer’s resale activities; marketplace usage; regulatory or legal issues; intellectual property or trademark disputes; tax obligations; or violations of any law, policy, or contract by the Customer.
This obligation survives termination of the relationship indefinitely.
11. CHARGEBACKS, DISPUTES, AND COLLECTIONS
Any attempt to initiate a chargeback, reversal, dispute, or clawback is considered a violation of these Terms and a deliberate attempt to circumvent commercial obligations. The Company will vigorously defend against any such action, and the Customer agrees to reimburse the Company for all damages, legal expenses, collection fees, administrative costs, and losses arising from the dispute.
The Customer expressly waives the right to pursue chargebacks as a method to resolve disagreements and agrees that all disputes must be handled directly with the Company or through formal legal channels.
12. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing any obligation due to events beyond reasonable control, including but not limited to natural disasters, supply chain disruptions, pandemics, labor shortages, transportation failures, governmental restrictions, or other unforeseeable events.
13. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
These Terms are governed solely by the laws of the State of California. Any dispute, action, or proceeding arising from or relating to these Terms, any transaction, or any relationship between the parties shall be brought exclusively in the courts located in Los Angeles County, California. The Customer irrevocably submits to the jurisdiction of these courts and waives any objection based on improper venue or inconvenience.
Before litigation, the parties agree to engage in good-faith discussions. If unresolved, disputes may proceed to binding arbitration in Los Angeles County at the Company’s discretion, with all arbitration fees borne by the Customer.
The Customer waives any right to participate in class actions, class arbitrations, or collective proceedings.
14. PRIVACY AND DATA HANDLING
The Company collects only the information necessary to operate its business, process orders, verify customers, and fulfil shipments. Personal Data may be shared with logistics companies, warehouses, carriers, and affiliated service providers solely for the purpose of completing transactions. The Company does not sell Personal Data. Use of the Website constitutes consent to the Company’s data practices.
15. FINAL PROVISIONS
Invalidity of any clause shall not affect the validity of the remaining clauses. Failure of the Company to enforce any provision does not constitute a waiver. These Terms represent the entire agreement between the parties and supersede all prior discussions or representations. All rights not expressly granted are reserved by the Company.