Terms of service
# Terms of Service
## Overview
Welcome to California Gummy Bears Wholesale. The terms “we,” “us,” and “our” refer to California Gummy Bears Wholesale. California Gummy Bears Wholesale operates this website and online store, including all related information, content, features, tools, products, and services, to provide approved wholesale customers with access to our products and services.
This website is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in these Terms, describe your rights and responsibilities when you access or use our website, place an order, or purchase products from us.
Please read these Terms carefully. By visiting, interacting with, or using our website or Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
## Section 1 — Wholesale Access and Account
This website is intended for approved wholesale customers, retailers, hospitality partners, corporate buyers, resale partners, and other business customers approved by California Gummy Bears Wholesale.
By using this website, creating an account, applying for wholesale access, or placing an order, you represent that you are authorized to act on behalf of the business or organization you provide during registration or checkout.
You agree to provide accurate, current, and complete account, billing, shipping, and payment information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
We reserve the right to approve, deny, suspend, or terminate wholesale account access at any time, at our sole discretion.
You may not transfer, sell, assign, or share your wholesale account access with any other person or business without our prior written consent.
## Section 2 — Our Products
We make every effort to provide accurate product descriptions, images, pricing, case pack information, ingredients, and related product details. However, product appearance, color, packaging, labels, and availability may vary.
Product descriptions, pricing, packaging, case counts, and availability are subject to change at any time without notice.
We reserve the right to discontinue any product, limit quantities, refuse service, or restrict sales to any customer, geographic region, or jurisdiction at our sole discretion.
## Section 3 — Orders
When you place an order, you are making an offer to purchase. California Gummy Bears Wholesale reserves the right to accept, decline, cancel, or modify any order for any reason.
Your order is not accepted until we confirm acceptance. We may contact you regarding order details, shipping, payment, product availability, or other information needed to process your order.
Please review your order carefully before submitting. Once an order has been accepted or processed, we may be unable to accommodate cancellation or change requests.
Wholesale orders may be subject to minimum order quantities, case pack requirements, approval status, payment terms, and shipping charges.
Your purchases are subject to our Refund Policy and Shipping Policy.
## Section 4 — Wholesale Pricing and Billing
Wholesale pricing is available only to approved wholesale customers. Prices, discounts, promotions, and payment terms are subject to change without notice.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, import fees, duties, or other charges.
You agree to provide current, complete, and accurate payment and account information for all purchases. You authorize us to charge your selected payment method for the order total, including applicable taxes, shipping, and other charges.
If payment terms are extended to your account, you agree to pay all invoices by the stated due date. We reserve the right to suspend account access, hold orders, or require payment before shipment if invoices are past due or if payment cannot be processed.
Orders submitted without a valid or approved payment method may be delayed.
## Section 5 — Shipping and Delivery
Shipping charges may be calculated at checkout or after your order is packed and ready to ship, depending on your account settings and order details.
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, customs, incorrect addresses, customer availability, or events outside our control.
Once products are transferred to the shipping carrier, title and risk of loss pass to you, unless otherwise required by law.
Please inspect your shipment promptly upon delivery.
## Section 6 — Returns, Damages, and Order Issues
Returns, damages, incorrect items, missing items, and other order issues are handled according to our Refund Policy.
Because our products are food items, all returns are reviewed on a case-by-case basis and must be approved before any items are sent back.
Any return, damage, or order issue must be reported within 7 days of delivery.
Opened, used, partially consumed, tampered-with, custom, personalized, special order, sale, or clearance items are not eligible for return unless otherwise approved by us.
## Section 7 — Product Storage and Handling
You are responsible for proper storage and handling of products after delivery.
California Gummy Bears products should be stored in a cool, dry place and protected from excessive heat, direct sunlight, humidity, and conditions that may affect product quality.
We are not responsible for product damage, melting, quality issues, or deterioration caused by improper storage, handling, display, transportation, or heat exposure after delivery.
## Section 8 — Resale and Brand Use
Approved wholesale customers may resell California Gummy Bears products in accordance with their approved account status and any applicable laws, rules, or resale requirements.
You may not relabel, repackage, alter, tamper with, or modify our products, packaging, labels, ingredient statements, allergen information, kosher marks, or branding without our prior written consent.
You may not use our name, logos, product images, trademarks, product descriptions, or other brand assets in a misleading, unauthorized, or damaging manner.
We reserve the right to restrict resale channels, marketplaces, or platforms at our discretion.
## Section 9 — Intellectual Property
All content on this website, including text, images, graphics, product names, logos, trademarks, designs, packaging, videos, and other materials, is owned by California Gummy Bears Wholesale, its affiliates, or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, display, publish, transmit, sell, or exploit any part of the website or our intellectual property without our prior written consent.
California Gummy Bears Wholesale names, logos, product names, designs, and slogans are trademarks or property of California Gummy Bears Wholesale or its affiliates. You may not use them without prior written permission.
## Section 10 — Optional Tools and Third-Party Services
We may provide access to tools, apps, integrations, or services offered by third parties. We do not control and are not responsible for third-party tools or services.
Any use of third-party tools is at your own risk and subject to the third party’s own terms and policies.
## Section 11 — Third-Party Links
Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, policies, or practices of any third-party website or service.
You access third-party websites at your own risk.
## Section 12 — Relationship with Shopify
California Gummy Bears Wholesale is powered by Shopify, which enables us to provide this website and online store. However, any purchases made through this website are made directly with California Gummy Bears Wholesale.
By using this website, you acknowledge and agree that Shopify is not responsible for any aspect of any sale, order, product, injury, damage, loss, or transaction between you and California Gummy Bears Wholesale.
You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases or transactions with California Gummy Bears Wholesale.
## Section 13 — Privacy Policy
All personal information collected through our website is subject to our Privacy Policy.
Because our website is hosted by Shopify, Shopify may also collect and process certain personal information in order to provide and improve the Services.
By using our website, you acknowledge that you have read and understood our Privacy Policy.
## Section 14 — Feedback
If you submit ideas, suggestions, reviews, feedback, proposals, or other content to us, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, publish, distribute, and display that feedback for any lawful purpose, including improving and promoting our products and Services.
You represent that you own or have the necessary rights to submit such feedback and that your feedback does not violate the rights of any third party.
## Section 15 — Errors, Inaccuracies, and Omissions
There may occasionally be information on our website that contains errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other details.
We reserve the right to correct errors, update information, change or cancel orders, and modify details at any time without prior notice, including after an order has been submitted.
## Section 16 — Prohibited Uses
You may use our website only for lawful purposes. You may not use the website or Services:
- For any unlawful, fraudulent, abusive, or malicious purpose
- To violate any law, rule, or regulation
- To infringe upon our intellectual property rights or the rights of others
- To submit false or misleading information
- To upload or transmit viruses, malware, or harmful code
- To spam, phish, scrape, crawl, or use automated tools without authorization
- To interfere with or bypass website security or access restrictions
- To impersonate another person or business
- To misuse wholesale access, pricing, or account privileges
We reserve the right to suspend or terminate access if we believe these Terms have been violated.
## Section 17 — Termination
We may terminate or suspend your access to the website, wholesale account, or Services at any time, without notice, at our sole discretion.
You remain responsible for all amounts due up to and including the date of termination.
Sections that by their nature should survive termination will continue to apply, including intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, governing law, and related provisions.
## Section 18 — Disclaimer of Warranties
Except as expressly stated by California Gummy Bears Wholesale, the website, Services, and products are provided “as is” and “as available,” without warranties of any kind, either express or implied.
We do not guarantee that the website will be uninterrupted, timely, secure, or error-free.
To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow certain warranty limitations, so some of these limitations may not apply to you.
## Section 19 — Limitation of Liability
To the fullest extent permitted by law, California Gummy Bears Wholesale, its owners, officers, employees, affiliates, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or similar damages arising from your use of the website, Services, or products.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
## Section 20 — Indemnification
You agree to indemnify, defend, and hold harmless California Gummy Bears Wholesale, Shopify, and our affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of:
- Your breach of these Terms
- Your violation of any law or third-party right
- Your use of the website or Services
- Your resale, storage, handling, marketing, or distribution of our products
- Your misuse of wholesale account access or pricing
## Section 21 — Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.
The remaining provisions will remain valid and enforceable.
## Section 22 — Waiver and Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies posted on our website, constitute the entire agreement between you and California Gummy Bears Wholesale regarding your use of the website and Services.
## Section 23 — Assignment
You may not transfer, assign, or delegate these Terms or your rights or obligations without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
## Section 24 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.
You agree that any disputes shall be resolved in the state or federal courts located in Los Angeles County, California, unless otherwise required by applicable law.
## Section 25 — Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the website or Services after any changes are posted constitutes acceptance of those changes.
## Section 26 — Contact Information
Questions about these Terms of Service should be sent to us at:
California Gummy Bears Wholesale
3327 W Rosecrans Ave
Hawthorne, CA 90250
United States
Email: wholesale@cagummybears.com
Phone: 424-297-0097