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Effective Date: [Jan 2016] | Last Updated: [24 August 2026]
These Wholesale Terms and Conditions ("Terms") govern access to and use of americaandbeyondwholesale.com and any other wholesale website, portal, microsite, or online service on which these Terms are posted (collectively, the "Website"), and wholesale applications, accounts, orders, purchases, and related dealings with America & Beyond, LLC ("America & Beyond," "A&B Wholesale," "we," "us," or "our").
These Terms apply only to qualified retailers, boutiques, distributors, and other approved business purchasers and their authorized representatives (each, a "Customer," "you," or "your"). They do not govern personal, family, or household purchases made through americaandbeyond.com, which are subject to separate retail terms and policies.
By accessing the Website, applying for or using a wholesale account, submitting an order, clicking an acceptance box, signing an order form, or otherwise purchasing wholesale merchandise from us, you agree to these Terms and represent that you have authority to bind the Customer identified in the account or order. If you do not agree, do not use the Website or submit a wholesale order.
Acceptance of these Terms must be affirmative and conspicuous — for example, checking an unchecked acceptance box or clicking an "I Agree" button presented alongside a clear link to these Terms at account application and/or checkout. Passive access to the Website alone, without such affirmative action, does not constitute acceptance. We retain a timestamped record of each Customer’s acceptance.
If an individual accepts these Terms for a company or other organization, "Customer" means that organization and the individual represents that the organization has authorized the acceptance. These Terms form a business-to-business agreement and not a consumer sales agreement.
The following policies are incorporated by reference to the extent applicable:
Any written order confirmation, invoice, credit approval, payment-terms agreement, customization approval, private-label agreement, MAP policy, or other written terms issued or signed for a particular transaction.
If provisions conflict, a separately signed agreement controls; then the applicable order confirmation or invoice; then the Wholesale Shipping, Returns & Refund Policy for shipping, returns, cancellations, claims, credits, and transaction logistics; then these Terms. The Wholesale Privacy Policy controls descriptions of our personal-information practices. A Customer purchase order or other Customer document does not modify these Terms, and any additional or inconsistent Customer terms are rejected unless expressly accepted in a writing signed by an authorized America & Beyond representative.
Wholesale accounts are available only to qualified businesses purchasing for authorized resale. We may require a business license, resale or tax-exemption certificate, business website or retail-channel information, trade references, or other documentation reasonably necessary to verify eligibility and administer the relationship. We do not obtain third-party consumer credit reports in connection with wholesale account applications.
We may approve, condition, suspend, decline, or terminate an account in accordance with these Terms. Account approval does not obligate us to accept any order, extend credit, reserve territory, provide exclusivity, or maintain any particular pricing or terms. You must promptly update material changes to your legal name, ownership, address, tax status, contacts, approved channels, or payment information.
You are responsible for maintaining accurate account information, safeguarding credentials, limiting access to authorized representatives, and all activity occurring through your account to the extent permitted by law. You must notify us promptly at info@americaandbeyond.com of suspected unauthorized access, compromised credentials, or an unauthorized order. We may require authentication or verification before acting on account instructions.
You may not sell, assign, transfer, sublicense, or share your account with another business without our prior written consent. We may rely on instructions from persons reasonably appearing to be authorized account representatives until we receive and process notice to the contrary.
Subject to these Terms, we grant Customer a limited, nonexclusive, nontransferable, revocable license to access and use the Website and materials made available through it solely to evaluate, purchase, market, and resell genuine America & Beyond merchandise through approved channels and otherwise administer the wholesale relationship.
You may not, without prior written permission:
Product descriptions, specifications, dimensions, materials, colors, photographs, availability, estimated dates, prices, MSRP, and other Website information are provided for convenience and may contain errors or change. Handmade products may have reasonable variations in color, texture, weave, finish, dimensions, and natural characteristics, as further described in the Wholesale Shipping, Returns & Refund Policy.
Device displays and photography may not reproduce colors exactly. We may correct errors, update information, cancel an affected order, limit quantities, discontinue products, substitute packaging, or reject service where reasonably necessary, subject to accepted-order obligations and applicable law. A product’s appearance on the Website does not guarantee availability or acceptance of an order.
An order is an offer by Customer to purchase merchandise under these Terms and the policies incorporated above. An automated acknowledgment confirms receipt only and is not acceptance. We may accept an order through a written confirmation, invoice, request for or receipt of a required deposit or payment, commencement of production, or shipment. We may decline or condition an order before acceptance because of account status, availability, minimums, case packs, pricing errors, payment or credit concerns, suspected fraud, unauthorized resale risk, sanctions or legal restrictions, or other reasonable business grounds.
Opening-order and reorder minimums, case packs, production rules, preorder terms, deposits, cancellations, and backorders are governed by the then-applicable Wholesale Shipping, Returns & Refund Policy and the applicable order confirmation. Customer must promptly review confirmations and notify us of discrepancies before production or shipment.
Wholesale prices, MSRP, discounts, promotions, minimums, and payment terms may change prospectively. The price and terms shown in an accepted order confirmation or invoice govern that order, subject to any permitted adjustment stated in the Wholesale Shipping, Returns & Refund Policy. Unless expressly stated, prices exclude shipping, insurance, duties, tariffs, brokerage, taxes, and similar charges.
Customer is responsible for accurate billing information, valid payment authorization, and taxes or governmental charges not collected by us. A claimed exemption is effective only after we receive acceptable documentation. We may charge tax if documentation is absent, expired, incomplete, or invalid.
Credit or deferred-payment terms, if offered, are discretionary and may be changed or withdrawn prospectively. Customer must pay invoices when due without setoff, deduction, chargeback, or withholding except as required by law or agreed in writing. To the extent permitted by law, Customer is responsible for reasonable collection costs, attorneys’ fees, court costs, returned-payment charges, and other amounts stated in the applicable invoice or policy. We may suspend orders, production, shipment, account access, or credit while amounts are overdue or disputed in good faith.
Shipping origin, carrier selection, freight arrangements, insurance, delivery estimates, customs, duties, title, and risk of loss are governed by the Wholesale Shipping, Returns & Refund Policy and the applicable order confirmation. Unless otherwise agreed in writing, shipments are made FOB Origin (India), and title and risk of loss pass when merchandise is delivered to the carrier, subject to applicable law.
Delivery and production dates are estimates, not guarantees. Customer must provide complete shipping, routing, consignee, customs, and freight-forwarder instructions and is responsible for costs or delays caused by inaccurate or incomplete information, refused delivery, unavailable recipients, customs, or Customer-selected carriers or forwarders
Order changes, cancellations, backorders, refused deliveries, RMAs, inspection duties, damage or shortage claims, return eligibility, return condition, restocking fees, credits, and claim remedies are governed exclusively by the Wholesale Shipping, Returns & Refund Policy and the applicable order confirmation. Unless a signed agreement expressly states otherwise, approved wholesale claims are resolved exclusively by store credit, not cash refund, and all store-credit conditions and expiration periods in that Policy apply.
Customer must inspect shipments promptly and submit timely, documented claims using the designated contact method. Failure to comply with applicable notice, evidence, authorization, and return-shipping requirements may result in denial to the extent permitted by the governing policy and law.
Customer may resell merchandise only through channels approved for its account and must comply with any Minimum Advertised Price (MAP), marketplace, territory, brand, quality-control, product-presentation, and resale restrictions communicated by us and permitted by law. Without prior written authorization, Customer may not sell on third-party marketplaces, divert merchandise to unauthorized sellers, represent itself as our agent or affiliate, or make warranties or claims on our behalf.
Customer is independently responsible for retail pricing decisions, consumer-facing terms, advertising claims, taxes, product handling, and legal compliance in its resale jurisdiction. Nothing in these Terms creates an agency, franchise, distributorship, fiduciary relationship, exclusive territory, or authority to bind America & Beyond.
Customer is responsible for laws applicable to its resale activities, retail channels, advertising, labeling added or altered by Customer, storage, and downstream sales. Customer must promptly notify us of a suspected safety issue, regulatory inquiry, adverse event, counterfeit, material defect pattern, or recall concern; preserve relevant records; stop sale when reasonably requested; and cooperate with lawful corrective action.
Responsibility for confirmed manufacturing defects, recalls, and related remedies is governed by the Wholesale Shipping, Returns & Refund Policy, applicable law, and any separately signed agreement. Customer may not independently issue a public recall or statement purporting to speak for America & Beyond without prior coordination, except where immediate action is legally required.
Custom, personalized, made-to-order, and private-label products are subject to written specifications, approvals, production tolerances, minimums, deposits, timelines, cancellation restrictions, and intellectual-property terms. Customer is responsible for timely and accurate approvals. Changes after approval may require a written change order, additional charges, and revised timelines.
Customer represents that any name, logo, artwork, design, copy, packaging, or other material it supplies is authorized and does not violate law or third-party rights. Customer grants us and our production partners a limited license to use supplied materials solely to perform the order and related quality-control, recordkeeping, and legal obligations.
The Website and its software, text, photographs, product images, videos, graphics, catalogs, line sheets, designs, layouts, trademarks, logos, trade dress, and other materials (collectively, "Content") are owned by or licensed to America & Beyond and protected by applicable intellectual-property laws. Except for the limited license expressly granted, all rights are reserved.
Customer may use product images, descriptions, trademarks, or other marketing assets only if we expressly make them available for authorized resale, only during an active approved relationship, only for genuine merchandise purchased from us, and in accordance with brand guidelines and written restrictions. Customer may not alter marks, remove notices, imply sponsorship or exclusivity, register confusingly similar marks or domains, use Content for competing or counterfeit products, or sublicense Content. We may revoke permission and require removal upon account termination, misuse, or written notice.
If Customer submits feedback, suggestions, ideas, photographs, reviews, testimonials, product images, or other content ("Submissions"), Customer retains any ownership it otherwise has but grants America & Beyond a nonexclusive, worldwide, royalty-free, sublicensable license to host, reproduce, adapt, publish, display, distribute, and use the Submission to provide and improve the Wholesale Services and, where Customer has agreed or the context reasonably indicates, for marketing and promotional purposes.
Customer represents that it has all rights, permissions, releases, and lawful bases necessary for the Submission and our permitted use, including for identifiable persons and third-party materials. Customer must not submit confidential information unless reasonably necessary for the wholesale relationship, or unlawful, infringing, deceptive, defamatory, obscene, malicious, or harmful content. We may remove or decline content but are not obligated to monitor it.
Nonpublic pricing, discounts, catalogs, line sheets, unreleased products, production information, account-specific terms, credentials, sales materials, and other information identified as confidential or reasonably understood to be confidential may be used only to evaluate and administer Customer’s authorized wholesale relationship. Customer must protect it using reasonable care and may disclose it only to representatives who need it and are bound to protect it. These obligations do not apply to information Customer can document was lawfully known without restriction, independently developed, rightfully received without restriction, or public through no breach. Legally compelled disclosure is permitted after advance notice where lawful and reasonable cooperation.
Our Wholesale Privacy Policy explains our personal-information practices, cookies, targeted-advertising choices, retention, and privacy rights. By providing business contact information, Customer represents that it is authorized to do so and has provided any required notice to owners, employees, buyers, references, consignees, freight-forwarding contacts, or other representatives.
We may send account, order, invoice, collection, shipping, security, recall, and relationship communications as necessary to administer the relationship. Marketing email and SMS are subject to applicable consent and opt-out requirements. Consent to marketing text messages is not a condition of purchase where prohibited by law. Promotional emails may be unsubscribed through their link; marketing texts may be stopped using the stated opt-out method. Transactional or legally required communications may continue.
The Website may link to or integrate services operated by payment, financing, shipping, freight, customs, appointment, trade-show, social-media, or other third parties. Links and integrations do not imply endorsement. Third parties control their services, terms, privacy practices, availability, and security. Use is at Customer’s risk, subject to applicable law, and America & Beyond is not responsible for an unaffiliated third party’s acts, omissions, content, or services.
We may suspend or terminate Website access, an account, order processing, production, shipment, credit, authorized reseller status, or the wholesale relationship for nonpayment, suspected fraud, security risk, false application information, unauthorized resale, misuse of Content or trademarks, violation of these Terms or incorporated policies, legal or sanctions risk, insolvency, harmful conduct, or other reasonable grounds protecting our business, brand, customers, or partners. Where practicable and appropriate, we may provide notice and an opportunity to cure, but immediate action may be taken for urgent risk or material breach.
Termination does not cancel accepted payment obligations or affect accrued rights. Sections concerning payment and collections, intellectual property, confidentiality, privacy records, disclaimers, liability, indemnification, disputes, and any provisions that by nature should survive will survive.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND CONTENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
PRODUCT WARRANTIES, DEFECT REMEDIES, HANDMADE-PRODUCT EXPECTATIONS, AND CLAIM PROCEDURES ARE LIMITED TO THOSE EXPRESSLY STATED IN THE WHOLESALE SHIPPING, RETURNS & REFUND POLICY, AN APPLICABLE ORDER CONFIRMATION, OR A SEPARATELY SIGNED AGREEMENT, SUBJECT TO RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICA & BEYOND AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; OR BUSINESS INTERRUPTION ARISING OUT OF THE WEBSITE, THESE TERMS, OR A WHOLESALE TRANSACTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER OR CLAIM WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US FOR THE MERCHANDISE DIRECTLY GIVING RISE TO THE CLAIM. These limitations do not apply to liability that cannot lawfully be limited and must be read consistently with any more specific limitation in a signed agreement or the Wholesale Shipping, Returns & Refund Policy.
To the fullest extent permitted by law, Customer will defend, indemnify, and hold harmless America & Beyond and its affiliates, officers, employees, agents, and contractors from third-party claims, damages, judgments, penalties, liabilities, and reasonable costs and attorneys’ fees arising from Customer’s unauthorized resale, advertising or product claims, alteration or misuse of merchandise, violation of law, breach of these Terms, supplied materials, infringement of third-party rights, or negligence or willful misconduct. We will provide reasonable notice and may control the defense with counsel of our choice; Customer may not settle a claim imposing liability, admission, or nonmonetary obligation on us without written consent. This section does not require indemnification to the extent a claim results from our own breach, negligence, willful misconduct, or unlawful conduct.
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, labor disruption, transportation interruption, carrier or customs delay, governmental action, sanctions, cyberattack not caused by failure to use reasonable safeguards, utility or communications failure, shortage of materials, or supplier disruption. The affected party will use commercially reasonable efforts to mitigate and resume performance. Payment obligations for merchandise already delivered are not excused.
These Terms and wholesale transactions are governed by Florida law, without regard to conflict-of-law rules, except where federal law controls. Before filing suit, the parties will attempt in good faith to resolve a dispute through written notice and negotiation. If unresolved, either party may request nonbinding mediation in Florida before a mutually agreed mediator. If the dispute remains unresolved, the parties consent to the exclusive jurisdiction of the state and federal courts located in Florida, unless applicable law requires otherwise or the parties separately agree in a signed writing to binding arbitration.
Nothing prevents either party from seeking temporary or injunctive relief to protect confidential information, intellectual property, account security, or against immediate irreparable harm, or from pursuing an undisputed payment or collection claim where delay would materially prejudice enforcement.
Customer agrees that account applications, orders, confirmations, invoices, approvals, RMAs, notices, signatures, and records may be created, sent, accepted, and stored electronically and have the same effect as paper records and handwritten signatures to the extent permitted by law. Customer must maintain a valid email address and is responsible for reviewing communications sent to its designated contact or account.
Routine operational notices may be sent through the Website or to the account email. Formal legal notices must be sent to the addresses designated by the parties and are effective upon confirmed email delivery, personal delivery, or three business days after mailing by a nationally recognized service, unless applicable law or a signed agreement requires otherwise. Notices to us must be sent to info@americaandbeyond.com with a copy to: America & Beyond, LLC, Attn: Legal, 2205 S Surf Rd., Unit 5B, Hollywood, Florida 33019.
We may revise these Terms prospectively by posting an updated version and changing the "Last Updated" date. Material changes will receive additional notice where required. The version in effect when we accept an order governs that order unless the parties agree otherwise in writing. Continued Website use after revised Terms take effect constitutes acceptance for future use and transactions, but revisions do not retroactively alter an accepted order without agreement or legal authority.
These Terms and incorporated policies, together with applicable confirmations, invoices, and signed agreements, constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous understandings on that subject. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder remains effective. Failure or delay to enforce a right is not a waiver. Customer may not assign these Terms, an account, or an order without prior written consent; we may assign them in connection with an affiliate reorganization, financing, merger, or transfer of relevant business or assets. No person other than the parties and permitted successors has third-party-beneficiary rights. Headings are for convenience, and "including" means "including without limitation."
We aim to provide an accessible Website. For accessibility assistance, wholesale account support, or questions about these Terms, contact:
America & Beyond, LLC
Email: info@americaandbeyond.com
Phone: (+1) 917-261-3001
Mail: 2205 S Surf Rd., Unit 5B, Hollywood, Florida 33019
Privacy questions and requests are handled as described in the Wholesale Privacy Policy. Copyright complaints may be sent to legal@americaandbeyond.com and should identify the copyrighted work, the allegedly infringing material and its location, the complaining party’s contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury, and a physical or electronic signature.