- User agrees that any programs, memberships, or discounts associated to their login are for their own use and shall not be shared outside their business.
- When order is submitted supplier shall charge Buyer, and Buyer shall pay for Product, as specified. Such prices shall be fixed during the Term except that Supplier may pass through and otherwise charge Buyer for any cost increases for Raw Materials, labor or as a result of changes in applicable laws, rules and regulations. Buyer price is confidential. Buyer agrees to adhere to, and not sell below a minimum advertised price (MAP) if applicable. Supplier reserves the right to set the retail and wholesale price at a fixed rate for sale items or introductory items. In these cases, the buyer is getting the wholesale price based on their membership and MSRP, but the retail price is discounted. MSRP is generally the price of pre-decorated items. Custom items often show a sale or promotional price. When ordering via the website, payment plans such as sezzle, and other non-member discounts are for non-members only, Use of these option will incur full retail price.
Returns & Refunds & Exchanges
- All USA made dropshipping orders are final, there are no returns or exchanges on any items ordered.
For manufacturer defects, you have 4 days from the day of delivery to notify us of any defects.
- Defective items must be returned to us to verify the defects.
- We will replace and re-ship the same exact item (no size changes are allowed)
- Orders with incorrect or addresses or refused items will incur a 30% restocking fee unless it is reshipped to a verified address. The postage must be paid again for any reshipment.
- Buyer agrees not to ‘charge back’ or otherwise impede payment for an order. In the case of a chargeback all Club/Member Pricing or discounted pricing becomes null and void and full retail price will be due for all past purchases.
- Any monthly fees, dues, club fees, setup fees, or fees for additional services are not refundable.
- If any delay, omission, error or failure to perform any other act is unintentional and caused by misunderstanding, oversight, acts of God, or other error, we will adjust the situation to what it would have been had the misunderstanding, error or oversight not occurred.
4. Membership is for one website/ecommerce integration only.
5. Selling USA Made products on online marketplaces without permission is prohibited. (Such as Amazon, Ebay, Etsy, Walmart, and similar platforms) If a reseller is found selling on these platforms without permission - penalties fees will be charged and their membership may be cancelled. Adding or associating UPC, GTIN, ISBN, or ASIN numbers to a product or SKU is strictly forbidden unless permission is given.
6. USA Made Dropship consent is required for selling in online marketplaces and additional fees may apply. Please contact USA Made Dropship for details email@example.com
Printing & Sewing
- Exact color matching is not available. Color charts are for reference only and may not match the finished product exactly. Color variations may occur within runs of the same artwork or design.
8. Exact placement and Lining up of artwork across seams is difficult and not guaranteed. Due to all the factors involved in fabrics, printing, pressing, cutting and sewing, shifting may occur. Do not expect to match artwork across seams exactly. Also keep important elements away from seams at least 1/2 to 3/4 inch on standard sewing and 1 inch on flatlock/flatseam and 1 inch on hems.
9. Only one side of the fabric is printed. The opposite side is white. Some white may show in certain stitching styles such as coverstitch and flatseam. This is normal and unavoidable.
- Production times vary based on the number of pieces in a order, in stock items and other factors. Below is an estimate of production times which usually increase during holidays and peak times. These are estimates, production time is not guaranteed. This is production time and does not include shipping transit times. Production time is 0-4 business days. Bulk and some custom orders may take longer.
All templates, patterns, instructions, tutorials, artwork, mockups and guides are the property of USA Made Dropshipping and are for use with USA Made Dropshipping only. Allowing the use of USA made dropshipping property by other company or manufacturer is strictly forbidden.
- Tracking information is provided for all shipments unless unavailable. Once an order leaves our production facility it is in the hands of our shipment partners - USPS, FedEx, etc. Please be aware that we have no control over what happens to our orders at this point. In order to maintain the best customer service to you, it is our policy that any package that is considered "lost" must be brought to our attention within 5 business days of the estimated date of delivery. If the lost package is not addressed immediately our shipping partners will purge their tracking systems within 90-120 days from shipment and consequently no longer be able to track the package in question.
- We have no control over nor warranty any carrier service. We cannot be held responsible for shipping delays caused by things beyond our control, including but not limited to pandemics and weather issues. We are not responsible for items lost after delivery.
14. We do not currently ship outside of the U.S.
15. Buyer shall indemnify and hold Supplier harmless from any and all losses, damages, liabilities, costs and expenses (including, reasonable attorneys’ fees) arising from: a claim brought by any third party that Supplier’s manufacturing or supply of the Product infringes any patent, utility model, design, copyright, trademark or other intellectual property right of such third party, or a claim brought by any third party against Supplier for any loss, damage, cost, expense or liability arising from defects in the Product.
16. The receiving Party agree not to disclose the existence or contents of this Agreement to any third party without the prior written consent of the other Party. User further agrees to keep their wholesale prices confidential, advertising below MAP is forbidden without prior authorization.
Term and Termination
17.This Agreement shall commence on the Effective Date and shall continue until terminated. This Agreement may be terminated by either Party at any time for any reason with written notice of such termination to the other Party, and in the event of any violation of the terms of any other breach that a Party has failed to cure within 30 days after receipt of written notice by the other Party, or the insolvency, liquidation or bankruptcy of a Party. Neither Party may without written approval of the other assign this Agreement or transfer its interest or any part thereof under this Agreement to any third party without permission.
18. USA Made Dropship reserves the right to cancel a membership for non-performance, disregard for any terms in this agreement, selling under false conditions, selling in a manner or an association with products that may be considered discriminatory, or negative.
Governing Law and Dispute Resolution
19. This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania. The Parties consent to the jurisdiction and venue in the courts of North Eastern Pennsylvania.
20. IN WITNESS WHEREOF, and intending to be legally bound by the first use of the USA made dropshipping website, its ordering systems, or third party distribution systems, the Parties have duly executed this Agreement. These terms may be updated at anytime.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must be provided to Company's designated agent, ("Copyright Agent"), as set forth below, and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
22. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at smile@usamadedropshipcom. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Bethlehem, Pennsylvania before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which USA's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.