Last Modified: December 22, 2022
This Website is offered and available to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
● “Account” means a Supliful account opened and operated by Users on the Website using the Services.
● “Content” refers to content featured or displayed through the Website, including, without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Services.
● “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
● “Orders” refer to Your Products once they have been purchased by You or Your Customers.
● “Produced Orders” refer to Orders that have been completed and shipped.
● “Products” refers to all products offered on the Website.
● “Providers” refers to the organizations and companies that Supliful partners with in the scope of its Services to offer Products to You.
● “Sales Channels” refer to the Website (including Stores created by Users therein) and other websites and e-commerce platforms that You use to sell Your Products, including, but not limited to, Shopify and WooCommerce.
● “Store” refers to a type of Sales Channel that You create within the Website that You use to sell Your Products.
● “Third Party Sites” refers to external resources or third-party services or websites not owned or controlled by Supliful.
● “Us”, “We” and “Our” refers to Supliful, as well as its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
● “User,” “You” and “Your” refers to the individual person, company, or organization that has visited or is using the Website or Services; that accesses or uses any part of an Account; or that directs the use of an Account in the performance of its functions.
● “User Products” refers to Products created by Users adding Content using the Services.
● “Your Content” is Content that You create or own.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, the Agreement constitutes the entire understanding between Supliful and You pertaining to the subject matter hereof and supersedes any and all prior oral or written understandings or agreements between Supliful and You in relation to access to and use of the Services and the Website.
C. Scope of Services
Supliful is an online marketplace for consumer goods drop-shipping. We partner with various Providers to offer You Products that You can customize with Your Content and sell to Customers. We also maintain and create integrations with different Sales Channels so that Your Products can be easily published to Your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and We start working with Providers who will assemble and deliver Your Products to the Customers.
If You choose to use the Services to sell Your Products, Your relationship with Supliful is limited to being that of a consumer and not an employee, agent, joint venture, or partner of Supliful for any reason. You act exclusively on Your own behalf and for Your own benefit, and not on behalf of, or for the benefit of, Supliful.
Due to the nature of the internet, Supliful cannot guarantee uninterrupted access and availability of the Services. We reserve the right to restrict the availability of the Services or certain features if necessary in view of capacity limits or the integrity of Our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Services. Supliful can improve or modify the Services and may introduce new offerings from time to time.
D. Access to and Use of the Services
- You must be at least 18 years old to access and use the Services or to create an Account. By accessing and using the Services, You represent and warrant that You are 18 years of age or older and have the legal capacity and authority to enter into a contract.
- To use our Services, You have to open an Account. Details on how to do so are provided in the next section (Section E).
- You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of Your use of the Services.
E. Creating and Maintaining an Account
1.1. You shall not create an Account or access the Services if You are under the age of 18;
1.2. You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than Yourself or Your entity, which has provided You authorization to create the Account on its behalf;
1.3. You shall not have an Account or use the Services if an earlier Account registered by You has been previously closed by Supliful;
1.4. We may reject Your Account registration or cancel and close an existing Account for any reason at Our sole discretion; and
1.5. We will use the email address You provide as the primary method of communication regarding the Account.
- You are solely responsible for keeping Your Account credentials secure and You may not disclose Your credentials to any third party. You must immediately notify Supliful if You have any reason to suspect that Your credentials have been compromised, lost, or stolen or in the case of any actual or suspected unauthorized use of Your Account. You are solely responsible for any and all activities performed through Your Account. Supliful will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorneys’ fees for Your failure to safeguard User and password information and/or promptly notify Supliful about the unauthorized use of Your Account or breach of Your Account information or password.
- Supliful expressly disclaims any and all liability arising from revocation, cancellation, or suspension of Your Account for any reason. Your Account and registration will terminate immediately upon Your breach of any of the terms herein. You may terminate Your Account and participation as a registered User at any time from Your Account settings. Before proceeding with deleting Your Account, make sure that You have disconnected Your Store from the respective Sales Channels, and removed Your registered payment methods. Deleting Your Account is irreversible and You will not be able to access its data afterward. Nonetheless, You will still be responsible for any and all Account pending orders and charges
F. Rights to Content on the Website
- Supliful allows You to upload and post Content to the Website. Anything that You put on the Products remains Your Content. You retain all rights in Your Content, other than the rights expressly granted to Supliful below and any that You may grant to Your Customers, and You are solely responsible for Your Content.
- You can only post Content that is either Yours or for which You have written authorization from the Content owner. You represent and warrant that any Content You post is owned by You or that You have authorization from the Content owner to post it. More detailed information can be found in the Supliful IP Policy. By posting Content, You accept those terms as well. If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the IP Policy.
- By using the Services, You grant Supliful a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works of, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Services and the Website.
5.1. You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services.
5.2. You may not modify, reverse engineer, decompile or disassemble the Services.
5.3. You may not copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of Supliful.
5.5. You may not circumvent or disable any technological features or measures in the Services that are designed for the protection of intellectual property rights.
5.6. You may not use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a Content file or other work protected by the copyright laws of any jurisdiction.
5.7. You may not use or access the Services to compile data in a manner that is used or usable by a competitive product or service.
5.7. You may not use Your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, spam, or repetitive messages to anyone.
5.8. You may not use Your Account to engage in any illegal conduct.
5.9. You have the obligation to monitor Your Account to restrict use by minors, and You must deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Services by minors in connection with Your Account and You are responsible for any use of Your credit cards or other payment instruments by minors.
5.10. You may not use the Services to order and resell Products without customizing them with Your Content.
5.11. You may not use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.
5.13. You may not use the Services to impersonate or attempt to impersonate Supliful, any of its employees or management, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
5.14. You may not use the Services to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm Supliful or Users of the Website, or expose them to liability.
5.15. You may not use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
5.16. You may not use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
5.18. You may not use any device, software, or routine that interferes with the proper working of the Website, to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any other server, computer, or database connected to the Website. This includes, inter alia, but is not limited to, attacking the Website via a denial-of-service (DOS) attack or a distributed DOS attack, introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
5.19. You may not harass or insult Supliful employees, or use inappropriate language in communication with Supliful Support.
6.1. Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
6.2. Harassment, Bullying, Defamation, and Threats: You may not post or upload Content that harasses, bullies, defames, or threatens a specific individual.
6.3. Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, or veteran status.
6.4. Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which You operate or do business.
6.5. Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
6.6. Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless You have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
6.7. Self-Harm: You may not post or upload Content that promotes self-harm.
6.8. Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
7. We have the right to:
7.1. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
7.2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS SUPLIFUL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUPLIFUL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUPLIFUL OR LAW ENFORCEMENT AUTHORITIES.
9. We do not undertake to review all Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
G. Payments Processing
- There are no fees or charges to Users for use of the Website itself, except where a User expressly agrees to a paid subscription or service.
- To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order in advance. The price You pay will be the price of the Product plus shipping costs. The prices of Products are set by Us or by You in using the Services and the Sales Channels. We will not process or ship any Orders until We have received payment in full as determined by the pricing published on the Website at the time the Order is placed.
- In order to process payments on the Website, You need to either have a credit or debit card. In addition, We may apply Supliful in-store credits to process payments for certain manual or sample orders.
- We will charge you for Orders as soon as they are placed, following which, the Orders will be sent to production.
- If You have an issue with Your Order, contact Supliful Support (Section H below) before disputing Your claim with Your credit card company. If You have filed a dispute with Your credit card company, We will not be able to issue You a refund, and We cannot make any refunds or replacements until the dispute is resolved or canceled. If there are Order issues, and after an investigation, We offer You a replacement or refund, such refund will be provided in the form of a Supliful credit.
- You are responsible for paying any necessary sales tax on Order transactions. Because of the nature of drop-shipping businesses, taxes differ depending on who produces or sells a Product, and where it is delivered. We recommend that You consult with an outside tax accountant to ensure Your compliance with taxation laws and regulations.
H. Product Ordering Issues and Support
- Users agree to contact Us directly for all conflict resolution by sending an e-mail to [email protected] (“Supliful Support”). If a Produced Order does not meet User or Customer expectations, Users must first contact Supliful Support within 30 days of Product delivery. In order to best resolve the matter, the User should provide all relevant materials for Supliful Support to investigate the issue, including a description of the Produced Order, the issue, quantity and SKU numbers of Products affected, and any photographic evidence (if applicable).
- Products available on the Website are unique and produced to order, therefore, once ordered and delivered, it is not possible to return Products in exchange for a refund. Once an Order has been sent to production, it is sent to the Provider and the User can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong item, Supliful is not responsible and will not offer replacements or refunds. The User is responsible for relaying the correct information from the User’s Customers.
- The production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order is taking an unusually long time to be produced or delivered, please contact Supliful Support. If the Produced Order is lost during shipment, Supliful will investigate and may provide replacements when appropriate.
- After investigating Your issue, if Supliful Support determines that Your Product is defective, Your Orders will be submitted for replacement. Refunds are only provided if a subsequent replacement is also found to be defective by Supliful Support.
- If an order is returned to Supliful due to an incorrect destination address, the User will be contacted by Supliful Support to arrange a reshipment. The User will be liable for the reshipment costs once an updated address is provided and confirmed. Reshipment costs include the original shipping cost of the product and a service fee. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees. If an Order has been placed with an incorrect destination address, Supliful cannot guarantee that the Order package will be returned to Supliful.
- If an order has not been delivered within 30 calendar days of the estimated delivery date, Users should contact Supliful Support within 30 calendar days of such estimated delivery date in order to be eligible for a refund or replacement, so long as the Order delivery tracking data does not indicate that the Products were delivered. Supliful is not responsible for any refund or replacement where the Order delivery tracking data indicates that the Products were delivered to the shipping address provided for the Order.
I. Use of Intellectual Property
Supliful, Supliful.com, and other Supliful graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Supliful that may not be used in connection with any Product or service without the prior written consent of Supliful.
J. Limitation of Liability
- Limitation of Liability. IN NO EVENT SHALL SUPLIFUL, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO SUPLIFUL OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Warranty Disclaimer. Supliful controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. SUPLIFUL, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND PROVIDERS DO NOT WARRANT THAT:
(A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND THE WEBSITE ARE SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
K. Dispute Resolution
This Website is operated by Brand On Demand, Inc., a Delaware corporation (doing business as Supliful).
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected]