Terms of Service

Last Updated: June 1, 2025

Welcome to wholesale.kids! These Terms of Service ("Terms") govern your access to and use of the wholesale.kids website (the "Site") and the wholesale services, features, content, applications, or products offered by [Your Company Name/Legal Entity Name DBA wholesale.kids] ("wholesale.kids", "we", "us", or "our").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using our Site and services as a wholesale partner ("Retailer," "you," "your"), you agree to be bound by these Terms and all policies referenced herein, including our Privacy Policy, Shipping Policy, and Returns & Damaged Goods Policy. If you do not agree to all of these Terms, do not access or use our Site or services.

This is a legally binding agreement. We strongly recommend that you consult with legal counsel to ensure you understand these terms before agreeing to them.

1. Acceptance of Terms

By creating a wholesale account, placing an order, or otherwise using our Site and services, you represent that you are authorized to act on behalf of your business and that your business agrees to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site or services following any such changes constitutes your acceptance of the new Terms. We will post the date of the last update at the top of this document.

2. Wholesale Account Eligibility & Registration

To purchase products from wholesale.kids at wholesale prices, you must apply for and be approved for a wholesale account.

Eligibility: Applicants must be legitimate retail businesses engaged in the sale of children's products or related goods and must possess a valid resale certificate, business license, Tax ID, or EIN as required by their local and state jurisdictions.
Application: You must complete our Wholesale Account Application form accurately and completely.
Account Approval: We reserve the right to approve or deny any wholesale account application at our sole discretion. We may require additional information or verification.
Account Security: You are responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Accuracy of Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address, shipping addresses, and payment information.

3. Product Information & Availability

We strive to display product information, including descriptions, images, and specifications, as accurately as possible. However, we do not warrant that product descriptions or other content on the Site are entirely accurate, complete, reliable, current, or error-free. Colors may vary depending on your monitor settings.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

4. Ordering Process

Order Placement: Orders must be placed through our designated wholesale portal or ordering system as communicated to approved wholesale partners.
Order Confirmation: After you place an order, you will receive an order confirmation email. This email confirms receipt of your order but does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
Minimum Orders: Minimum Order Quantities (MOQs) or minimum order values apply, as specified on our Wholesale Program page or in the wholesale portal. Current minimums are: Opening Order [e.g., $250], Re-order [e.g., $150].
Acceptance/Rejection of Orders: We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation. This may occur for reasons including but not limited to product unavailability, errors in product or pricing information, or issues identified by our credit and fraud avoidance department.
Order Changes/Cancellations: Once an order is placed, it may not be possible to change or cancel it if it has already entered the processing phase. Please contact us immediately if you need to request a change.

5. Pricing & Payment Terms

Wholesale Pricing: All prices are listed in U.S. Dollars (USD) and are exclusive of shipping costs, taxes, duties, and other fees unless otherwise stated. Wholesale pricing is confidential and available only to approved wholesale account holders.
Price Changes: Prices are subject to change without prior notice. The price charged will be the price in effect at the time your order is placed and confirmed.
Payment Methods: We accept [List your accepted payment methods, e.g., Visa, MasterCard, American Express, PayPal, Bank Transfer for approved accounts].
Payment Terms: Payment for orders is typically due at the time the order is placed. For approved accounts, Net [e.g., 30] terms may be offered at our discretion and subject to credit approval. Late payments on termed accounts may incur a late fee of [e.g., 1.5% per month] or the maximum rate permitted by law.
Taxes: As a wholesale transaction, it is your responsibility as the Retailer to provide a valid resale certificate. You are responsible for collecting and remitting all applicable sales taxes, use taxes, or other taxes on products you resell to your end customers.

6. Shipping

Our shipping procedures, costs, processing times, and other related information are detailed in our Shipping Policy, which is incorporated into these Terms by reference.

7. Returns & Damaged Goods

Our policy regarding returns, exchanges, and the handling of damaged or defective merchandise is detailed in our Returns & Damaged Goods Policy, which is incorporated into these Terms by reference. Please note our general policy is that **all sales are final**, with exceptions made for qualifying damaged or defective items as outlined in that policy.

8. Use of Website & Intellectual Property

License to Use Site: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the purpose of viewing information and placing wholesale orders.
Prohibited Uses: You may not use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. You may not attempt to gain unauthorized access to any NPI (Non-Public Information) or systems.
Intellectual Property: All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of wholesale.kids or its content suppliers and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site are registered and unregistered Trademarks of wholesale.kids and others.
Use of Product Assets: Approved wholesale partners may be granted a limited license to use specific product images and descriptions provided by wholesale.kids solely for the purpose of marketing and reselling our products through their approved retail channels. This use is subject to any guidelines we may provide.

9. Resale of Products

Authorized Retail Channels: Products purchased from wholesale.kids are intended for resale by legitimate retail businesses through their approved retail channels (e.g., your physical store, your own e-commerce website).
Third-Party Marketplaces: Resale of wholesale.kids products on third-party marketplaces (e.g., Amazon, eBay, Etsy, etc.) is [State Your Policy: e.g., "strictly prohibited without prior written consent from wholesale.kids," or "permitted, subject to adherence to our marketplace guidelines."]. Please specify your intended sales channels in your application.
MAP Policy: [If you have one: "wholesale.kids may, from time to time, implement a Minimum Advertised Price (MAP) policy. Retailers will be notified of any such policy and are expected to adhere to it." If not, you can omit this or state "We do not currently enforce a MAP policy but reserve the right to do so."].
Brand Representation: Retailers agree to represent wholesale.kids products accurately and professionally, maintaining the integrity of our brand.

10. Confidentiality

You acknowledge that as an approved wholesale partner, you may have access to confidential information, including but not limited to wholesale pricing, product roadmaps, and other proprietary business information. You agree to maintain the confidentiality of such information and not disclose it to any third party without our prior written consent.

11. Termination of Account

wholesale.kids reserves the right to terminate or suspend your wholesale account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users of the Site, us, or third parties, or for any other reason. Grounds for termination may include, but are not limited to, failure to adhere to payment terms, unauthorized resale practices, or misrepresentation of your business.

You may terminate your wholesale account at any time by contacting us, provided all outstanding payments are settled.

12. Disclaimers of Warranties

THE SITE, OUR SERVICES, AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WHOLESALE.KIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(Client Note: Warranty disclaimers are highly dependent on jurisdiction and the nature of goods. Legal review is critical here.)

13. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WHOLESALE.KIDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OUR SERVICES, OR ANY PRODUCTS PURCHASED, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WHOLESALE.KIDS FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM IN THE [e.g., SIX (6) MONTHS] PRECEDING THE EVENT GIVING RISE TO LIABILITY.

(Client Note: Limitations of liability are heavily scrutinized by courts. Legal review is critical.)

14. Indemnification

You agree to defend, indemnify, and hold harmless wholesale.kids, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your resale or marketing of the products caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

15. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [Your State, e.g., Florida], United States of America, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of [Your State, e.g., Florida] in each case located in the City of [Your City, e.g., Orlando] and County of [Your County, e.g., Orange]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(Client Note: Consider alternative dispute resolution like mandatory arbitration if preferred, but this also requires careful legal drafting.)

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, Shipping Policy, and Returns & Damaged Goods Policy, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and wholesale.kids concerning the Site and your wholesale relationship with us.
Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by wholesale.kids without restriction.
Headings: The section headings used in these Terms are for convenience only and shall not be given any legal import.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

wholesale.kids
[Your Company's Legal Address, e.g., 123 Business Rd, Suite 100, Orlando, FL 32801]
Email: help@wholesale.info
Phone: +1 (352) 530-0883

This document was last updated on June 1, 2025.