These Terms & Conditions (the “Terms”) are an agreement between you and Florida Toy Traders, Inc., a Florida corporation (“Florida Toy Traders,” “we,” “us” or “our”). They apply to your use of floridatoytraders.com (the “Site”), to your wholesale account, and to every order you place with us. Please read them carefully. By applying for an account, signing in, placing an order or otherwise using the Site, you agree to these Terms. If you do not agree, do not use the Site or place an order.
The short version. This summary is for convenience only. The full Terms below control.
- Trade only. The online store is for approved business accounts. Prices are shown only to approved accounts.
- Minimum order. Every order needs at least 5 boxes, in any mix of products (Section 4.7).
- All sales are final. We do not accept returns, and we do not give refunds, credits or exchanges once an order has shipped (Section 9). If an order arrives damaged, wrong or short, tell us within 3 days of delivery (Section 10).
- Payment is due at checkout, plus shipping and any sales tax we are required to collect (Section 6).
- U.S. shipping only through the Site. Any shipping charge is shown at checkout, and risk of loss passes to you when we hand the package to the carrier (Section 8).
- Talk to us before you dispute a charge with your bank or card company (Section 12).
- Florida law governs these Terms, and disputes are heard in Florida (Section 20).
1. About these Terms
1.1 Who we are. Florida Toy Traders is a wholesale distributor of trading cards, toys and collectibles. The Site is operated by Florida Toy Traders, Inc. You can reach us through our Contact page.
1.2 The agreement. These Terms, together with our Privacy Policy and any additional terms shown with a specific product, offer, promotion or checkout step, make up the entire agreement between you and us about the Site and your orders. An additional term shown with a specific product, offer or checkout step overrides these Terms only if it expressly says that it replaces a named section of these Terms. Nothing else on the Site (including the FAQ, product pages and emails), and nothing said by a sales representative, changes these Terms unless it is in writing from us and says that it changes these Terms.
1.3 Business use only. The Site is for business customers. By using it you confirm that you are at least 18 years old, that you are using the Site for a business, and that you have the authority to bind that business to these Terms. In these Terms, “you” means both you and the business you represent.
1.4 Changes to these Terms. We may update these Terms from time to time. We will post the new version on the Site and change the effective date above. The version posted on the day you place an order applies to that order, and a change never applies to an order that has already shipped. If you keep using the Site after a change, you accept the updated Terms.
1.5 Language. These Terms are written in English. The Site offers an automatic translation tool for convenience. Translations are generated by software, may contain mistakes and are not legally binding. The English version controls.
2. Who can buy: eligibility and accounts
2.1 Business accounts only. Our online store is open to approved business accounts, mainly brick-and-mortar retailers such as comic, card and game stores, sports memorabilia shops, bookstores and game cafés. We may approve other kinds of businesses at our discretion. We do not sell through the Site to consumers for personal use.
2.2 Application and approval. Every application is reviewed by a person. We may approve, deny, limit or delay any application, and we do not have to give a reason. Approval does not promise any particular price, quantity, allocation or product. Before or after approving an account we may ask for more information, such as a resale certificate, a business license or proof of a retail location.
2.3 Accurate information. Everything you give us must be true, complete and kept up to date, and we may rely on it. Giving us false or misleading information is grounds for denying or closing an account and cancelling orders.
2.4 One account per business. Open one account for your business (or one per store location, if we agree). Do not open extra accounts to get around a limit, a denial, a suspension or the rules of a promotion.
2.5 Signed-in, approved accounts only. Prices and checkout are available only after we approve your account and you sign in. If your account is pending, denied or suspended, you cannot see prices or place orders.
3. Your account and login
3.1 Your login. You choose your own password. Keep it confidential and do not share your login with anyone outside your business. You are responsible for everything done through your account, including orders placed by anyone you allow to use it.
3.2 If something looks wrong. Tell us right away through the Contact page if you think someone else has used your account or knows your password. We may reset your password or lock the account to protect it.
3.3 Account number. When we approve an account we give it an account number. Include it when you contact us and at checkout. Do not use another business’s account number.
3.4 Keep your details current. Keep your business name, contact details and addresses up to date in My Account. We are not responsible for orders, notices or packages that go astray because the details on your account are out of date.
4. Prices, offers and promotional codes
4.1 U.S. dollars. All prices are in U.S. dollars and do not include shipping or taxes unless we say so.
4.2 Prices can change. Prices, availability, product details and offers can change at any time without notice. The price that applies to your order is the price shown at checkout when you place it.
4.3 Errors. We work to keep the Site accurate, but mistakes happen. If a price, quantity, description or image is wrong, we may correct it and either contact you to confirm the corrected order or cancel the affected items and refund what you paid for them, even after you receive an order confirmation (see Section 5.3).
4.4 Different customers, different offers. We may offer different prices, offers or terms to different accounts, and we may withdraw any of them at any time.
4.5 Keep wholesale pricing confidential. Your wholesale prices and any codes or offers we give you are for your business. Do not publish our price lists, post screenshots of our pricing, or share promotional codes publicly without our written permission.
4.6 Promotional codes. A promotional code is a limited offer. Unless the offer says otherwise:
- a code can be used once per customer, and we decide how a customer is identified (for example by account, business or address);
- a code may require a minimum number of boxes or products from a list we set;
- a code may give one price per box and a different, lower price per box when you buy a full sealed case (Section 7.8);
- a code you enter (on your application, in the “Have a code?” box, in your cart or at checkout) may be saved on your account, so that the offer prices show on the Site before you check out and go into your cart by themselves. You can remove a saved code yourself at any time. A saved code only shows the offer prices: they apply to an order only if the order meets the conditions of the offer when you place it;
- a code cannot be combined with another code or offer;
- a code has no cash value, cannot be sold or transferred, and does not apply to shipping or taxes;
- we may change or end a code at any time for future orders; and
- if a code is misused, for example by opening more than one account, we may cancel the order or remove the discount.
4.7 Minimum order. Every order must meet our minimum order, currently at least 5 boxes in total, in any mix of products. A full sealed case counts all of its boxes. The cart shows the minimum and how many more boxes you need, and an order below it cannot be placed. Other minimum quantities or amounts may also apply to certain products, offers or promotions. We show them in the product listing, in the cart, or with the offer.
5. Placing and accepting orders
5.1 Your order is an offer. Only signed-in, approved accounts can place orders. When you submit an order you are offering to buy the products in your cart at the price shown, under these Terms. The confirmation email we send only confirms that we received your order. It is not our acceptance.
5.2 When we accept. We accept your order when we ship it or when we tell you in writing that it is accepted, whichever happens first. If we ship only part of an order, we have accepted only that part.
5.3 We may refuse, hold or cancel orders. We may refuse, limit, hold or cancel any order, or any part of an order, before or after you receive a confirmation, for any reason. Examples include: a product is not available or our supplier did not deliver; there is an error in a price or description; your account is pending, suspended or restricted; we suspect fraud, resale abuse or misuse of a promotion; a payment fails, is declined or is reversed; we cannot verify information we asked for; an order is below the minimum order or exceeds a quantity limit; or something outside our control prevents us from filling it. If we cancel an order or part of an order, we will refund the amount you paid for the cancelled part to the original payment method.
5.4 Quantity limits and allocations. Some products are limited. We may limit the quantity per order, per account, per business or per period, and we may reduce an order to match what we can supply.
5.5 Check your order. You are responsible for the items, quantities, addresses and other details you enter. Please review your order before you submit it.
5.6 Shipments. We may ship an order in more than one shipment.
6. Payment and taxes
6.1 Payment at checkout. Payment is due in full when you place your order. We accept the payment methods shown at checkout, which can include cards, Apple Pay, Google Pay, Link, Klarna, Affirm and Amazon Pay, depending on your order and your eligibility. We can add or remove methods at any time. Payments are processed by Stripe, Inc. and by the wallet or pay-later provider you choose. We do not see or store your full card number.
6.2 Your authorization. By placing an order you authorize us and our payment processors to charge your selected payment method for the total, including products, shipping and taxes, and you confirm that you are allowed to use that payment method.
6.3 No credit terms. We do not offer invoices or credit terms through the Site unless we agree to them in writing before you order.
6.4 Third-party payment providers. Wallet and pay-later providers have their own terms, fees, eligibility rules and approval decisions. Their decisions, including declines, are not ours, and your agreement with them is separate from your agreement with us. Any refund we issue goes back through the method you used.
6.5 Declined or reversed payments. If a payment is declined, fails or is reversed, we may cancel the order, hold the shipment, suspend your account, and recover the amount you owe together with our costs of collection, to the extent the law allows.
6.6 Fraud review. We screen orders for fraud and may ask you to verify your identity, your business or your payment method before we ship. We may cancel any order that does not pass review and refund what you paid for it.
6.7 Taxes. Prices do not include sales, use or similar taxes. Where the law requires us to collect tax, we may add it at checkout based on the shipping address. If tax applies to an order and we did not collect it or collected too little, we may bill you for the difference, unless you gave us a valid exemption certificate before the order shipped. If you are buying for resale and believe you are exempt, contact us before you order and send a valid resale or exemption certificate. We decide whether to accept it. We usually cannot change the tax on an order after it is placed. You are responsible for any tax, duty or fee that you owe and that we are not required to collect.
6.8 Bank fees. Your bank or card issuer may charge you fees, including foreign transaction fees. Those are your responsibility.
7. Product information and availability
7.1 Descriptions and images. We describe products in good faith using information from manufacturers and suppliers. Images are often official promotional art, not photos of the exact item you will receive, and colors can vary by screen.
7.2 Language and edition. Many of our products are imported. Each listing shows the language and edition (for example Korean, Japanese or Simplified Chinese). You are buying the edition shown in the listing, so check the language and edition before you order. Imported editions may not be covered by a manufacturer’s or publisher’s U.S. support, promotions or warranty programs. We do not promise that any edition is allowed in organized play or that it suits your customers.
7.3 Random contents. Booster packs and boxes contain randomly assorted cards. We do not promise any particular card, rarity or number of any card, or any resale value. Descriptions of chase cards, pull rates and set features come from the manufacturer or publisher and are for information only.
7.4 Factory sealed, minor wear. We sell new, factory-sealed products. Imported products can show minor wear to the outer packaging from manufacturing, storage and shipping, such as small dents, creases, scuffs, or minor shrink-wrap wrinkles or marks. That is not a defect, and it is not a reason for a return or refund. A box that appears to have been opened or resealed is not minor wear; report it under Section 10. We do not grade or guarantee the condition of packaging.
7.5 Availability. Stock shown on the Site is an estimate and can change before we process your order. A product is not yours to receive until we ship it.
7.6 Street-dated and pre-release products. Some products are listed before their official release or before they arrive. Release dates come from manufacturers and are estimates that can change. We ship street-dated products on or after the release date, or later if we do not yet have stock. Delays by manufacturers, suppliers or carriers are not a breach by us. A pre-release product does not count toward an offer’s minimum until it ships. If we do not ship a pre-release product within 30 days after its estimated release date, we will tell you, and you may cancel that product for a full refund. Do not sell or open street-dated products before their release date.
7.7 Safety and compliance. Some products contain small parts or are not suitable for young children. You are responsible for following manufacturer age labels and for complying with the laws that apply to how you advertise, label, price and sell the products.
7.8 Full sealed cases. Some products are also offered by the full sealed case: a sealed case holding the number of boxes shown on the product page (for example, 30 boxes). A case is sold, shipped and counted as a whole case, and we do not split cases. A case price or offer applies only when you buy the full sealed case. Everything in these Terms about boxes applies to the boxes in a case.
8. Shipping, delivery and risk of loss
8.1 United States only. Through the Site we ship to addresses in the United States only. If you are outside the United States and want to buy, contact us through the Contact page. We handle those requests case by case, and any non-U.S. shipment is subject to terms that we confirm in writing.
8.2 Shipping charges. Any shipping charge is shown at checkout before you pay. We may include shipping in our prices, charge for it, or change how it works at any time, and what is shown at checkout when you place your order applies to that order. Shipping charges, if any, are not refundable once an order has shipped, except as Section 10.3 provides.
8.3 Carriers and service. We ship using our own fulfillment systems and carrier accounts, and we choose the carrier and service. Orders usually ship by ground service. Faster service may be available on request, at extra cost and subject to availability. You cannot use your own carrier account.
8.4 Estimates, not promises. Processing and delivery times that we show or quote are estimates, not guarantees. Delays caused by carriers, weather, suppliers, holidays or other events outside our control are not a breach by us.
8.5 Your address. You are responsible for the shipping address and contact details you give us. We cannot promise to change an address after you place an order. If a package comes back to us or cannot be delivered because the address is wrong or incomplete, or because it was refused or not collected, the order is still final and we may charge you the cost to send it again. We may instead, in our sole discretion under Section 9.4, cancel the order and refund the product price less the shipping and carrier costs we paid and a reasonable handling fee.
8.6 Title and risk of loss. We will transfer good title to the products to you. Title and the risk of loss or damage pass to you when we hand the package to the carrier. We ship on our own carrier accounts and handle any carrier claim ourselves. Report transit damage or loss under Section 10.
8.7 Signature and inspection. We may require a signature on delivery. Please inspect each package when it arrives and write down any visible damage on the carrier’s delivery record.
8.8 Local pickup. Where we offer local pickup at checkout, you may choose it instead of shipping. Pickup is by appointment only. Place and pay for the order as usual, then contact us through the Contact page to agree a day and time. We give you the pickup address in our reply, once the time is set. Prices, the minimum order and every other term in these Terms apply to a pickup order in the same way as to a shipped order. Title and the risk of loss pass to you when we hand the products to you. For a pickup order, “delivery” in Section 10 means that handover, so please check the products before you leave.
9. All sales are final: no returns, refunds or exchanges
ALL SALES ARE FINAL. NO RETURNS. NO REFUNDS. NO EXCHANGES.
Once an order has shipped, it cannot be returned, refunded, credited or exchanged for any reason. Check your order carefully before you place it. The only exceptions are a claim you report in time under Section 10 and an exception that we choose to make under Section 9.4.
9.1 What this means. We do not accept returns, and we do not give refunds, store credit or exchanges, on any order that has shipped. This applies whether or not the products are opened, and whatever the reason, including change of mind, ordering the wrong item or quantity, overstock, slow sales, a change in market price or demand, a price drop or promotion after you ordered, the cards or contents of any pack or box, grading results, or a return or complaint from your own customer.
9.2 You are buying for resale. Wholesale buyers take on the risk of reselling, including changes in price and demand and whether a product sells. We do not take back unsold inventory.
9.3 No unauthorized returns. Do not send products back to us without our written authorization. We may refuse delivery of anything sent back without it, and we may keep anything we receive without giving credit, except as Section 10 provides.
9.4 Exceptions are ours to make. We may, in our sole discretion, authorize a return or give a credit or refund in a particular case. If we do, we will confirm it in writing and set the conditions, such as a deadline, the condition of the products and who pays return shipping. That exception applies only to that case. It does not give you a right to the same treatment later, and it does not change this policy.
9.5 Your agreement. By placing an order you confirm that you have read and agree to this policy. If you do not agree, do not place an order.
9.6 What this section does not change. This section does not limit the claim process in Section 10, and it does not waive any right that the law does not allow to be waived.
10. Damaged, incorrect or missing items
10.1 Tell us within 3 days. If your order arrives damaged, arrives opened or not factory sealed, contains a different product than you ordered, or is missing a box or item, contact us through the Contact page within three (3) calendar days after the delivery date shown by the carrier. If a package has not arrived, or tracking shows it as delivered but you cannot find it, contact us within three (3) calendar days after the delivery date shown by the carrier or, if there is no delivery date, after the carrier’s estimated delivery date. If the third day falls on a weekend or a U.S. federal holiday, the deadline is the next business day. We may refuse a claim made later.
10.2 What to send us. When you contact us, include your order number, your account number and a description of the problem. We will reply by email with instructions for sending clear photos of the shipping label, the outside of the box, the packing materials and the affected products, including any damage. Keep the original packaging, packing materials and products until we tell you that you can dispose of them. We may ask for more information or an inspection.
10.3 How we resolve valid claims. We review every claim. If we find that a claim is valid, we will make it right in the way we choose in our reasonable judgment: replacing the affected product if we have it, crediting your account, or refunding the price of the affected product (and, if we decide, its share of shipping). This is your sole and exclusive remedy for a damaged, incorrect or missing item, and it is limited to the affected products. If you do not report a problem within the time in Section 10.1, the products are treated as accepted, although we may still review a late claim.
10.4 What is not a valid claim. None of the following is a damaged, incorrect or missing item: (a) minor wear to outer packaging described in Section 7.4; (b) the cards or contents found in a sealed pack or box; (c) a product or quantity you ordered by mistake; (d) loss or damage that happens after delivery, including from storage, handling or opening; or (e) a product that matches its listing.
10.5 Carrier claims. If a carrier caused the damage or loss, we may file a claim with the carrier, and you agree to help by giving us photos, access to the packaging and any carrier paperwork.
10.6 If we ask for the item back. If we ask you to send an item back as part of a valid claim, we will give you instructions and pay the reasonable shipping cost. Do not send anything back until we tell you to.
11. Changing or cancelling an order
11.1 Before shipment. We process orders quickly. If you need to change or cancel an order, contact us through the Contact page right away. We will try to help, but we cannot promise it. If an order has been picked, packed or shipped, it can no longer be changed or cancelled at your request.
11.2 After shipment. Once an order has shipped, it cannot be cancelled, and Section 9 applies.
11.3 When we cancel. If we cancel an order or part of an order, we refund the amount you paid for it to the original payment method. Refunds usually appear within 5 to 10 business days, but timing depends on your bank, card issuer or payment provider.
12. Chargebacks and payment disputes
12.1 Talk to us first. If you think there is a billing problem or an unauthorized charge, contact us first through the Contact page so we can look into it right away.
12.2 If you dispute a charge without contacting us. If you dispute a charge with your bank or card issuer for an order that you received as ordered, instead of contacting us first:
- we may give your bank, card issuer and payment processor copies of these Terms, your order, the records of your acceptance of these Terms (including the date, time and IP address), delivery confirmations, our messages with you and any other records we have;
- we may suspend or close your account and cancel your pending orders; and
- if the dispute is decided in your favor even though you received the products as ordered, you will pay us the disputed amount, together with the fees and costs we incur, including payment processor dispute fees, to the extent the law allows.
12.3 Genuine problems. This section does not limit your right to dispute a charge that you did not authorize, an order that you did not receive, or a duplicate or incorrect charge.
13. Using the Site
13.1 Your right to use the Site. Subject to these Terms, we give you a limited, revocable, non-exclusive, non-transferable right to use the Site for your own business purchasing and research.
13.2 What you agree not to do. You agree not to:
- share your login, or let anyone outside your business use your account;
- get around, or try to get around, the login, price hiding, purchase locks, quantity limits, promotion rules or other access and security controls of the Site, including by using its programming interfaces;
- use bots, scrapers, crawlers or other automated tools to collect prices, product data, images or descriptions, or copy or republish that content in bulk;
- probe, scan or test the Site for weaknesses, or interfere with how it works;
- upload or send malicious code;
- impersonate another person or business, or misstate who you are or whom you represent; or
- use the Site to break the law or to violate anyone’s rights.
13.3 Protecting the Site. We may monitor use of the Site, apply rate limits and firewalls, and restrict or block access to protect the Site, our customers and our business.
13.4 Availability. We may change, suspend or discontinue any part of the Site at any time. The Site may be unavailable from time to time for maintenance or for reasons outside our control.
13.5 Links to other sites. The Site may link to websites run by others. We do not control them and are not responsible for them.
14. Intellectual property and trademarks
14.1 Our content. The Site, including its design, text, graphics, logos, layout and code, belongs to us or our licensors and is protected by intellectual property laws. You may not copy, modify or republish it except as these Terms allow.
14.2 Other companies’ marks. Pokémon, Magic: The Gathering and other product and brand names, logos and artwork belong to their owners. Florida Toy Traders is not affiliated with, sponsored by or endorsed by those owners. We use their names only to identify the products we sell. Do not say or suggest that you are an authorized or official distributor of any brand because you buy from us, or that we endorse you.
14.3 Product images. We do not own most product images and artwork, and we do not give you rights in them. If you use them, you are responsible for having the right to do so.
14.4 Feedback. If you send us ideas or suggestions, we may use them without owing you anything.
14.5 Infringement complaints. If you believe something on the Site infringes your rights, contact us through the Contact page with the details and we will review it promptly.
15. Privacy and electronic communications
15.1 Privacy. Our Privacy Policy explains what information we collect and how we use and share it. By using the Site you agree to the practices it describes.
15.2 Electronic communications. You agree that we may communicate with you electronically, by email and on the Site, about your application, your account, your orders and these Terms, and that electronic notices satisfy any legal requirement that a notice be in writing. Keep your email address up to date and check your spam folder.
15.3 Electronic signature. Submitting an application, ticking a box that says you agree, or placing an order is your electronic signature. We may keep electronic records of these actions, including the date, time, IP address and the version of the Terms, and they are valid evidence of what you agreed to.
16. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND ALL PRODUCTS, INFORMATION AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, FLORIDA TOY TRADERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT ARISES FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT PROMISE THAT ANY PRODUCT WILL KEEP OR INCREASE IN VALUE, THAT ANY PACK OR BOX WILL CONTAIN ANY PARTICULAR CARD OR RARITY, THAT ANY PRODUCT WILL BE ALLOWED IN ORGANIZED PLAY, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS.
Nothing in these Terms excludes a warranty that the law does not allow to be excluded.
17. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) FLORIDA TOY TRADERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA OR BUSINESS OPPORTUNITY, OR FOR ANY LOSS FROM YOUR RESALE OF PRODUCTS OR FROM CLAIMS BY YOUR CUSTOMERS, EVEN IF WE HAVE BEEN ADVISED THAT THEY ARE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THESE TERMS OR ANY ORDER WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCTS THAT GAVE RISE TO THE CLAIM.
THESE LIMITS APPLY TO EVERY LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME PLACES DO NOT ALLOW CERTAIN LIMITS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU. IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE LAW ALLOWS. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD OR FOR ANYTHING ELSE THAT THE LAW DOES NOT ALLOW TO BE LIMITED.
18. Indemnification
You will defend, indemnify and hold harmless Florida Toy Traders and its officers, directors, employees, owners and agents from any third-party claim, and any resulting damage, loss, liability or expense (including reasonable attorneys’ fees), to the extent it is caused by your breach of these Terms, your violation of any law or of anyone’s rights, or how you advertise, label, price or sell the products. This does not cover a claim that a product was defective when we shipped it, or any claim to the extent it is caused by our negligence or misconduct.
19. Suspension and termination
19.1 By us. We may suspend, restrict or close your account, cancel pending orders, or block access to the Site at any time, with or without notice, for any reason, including a breach of these Terms, suspected fraud or misuse, non-payment, chargebacks or payment disputes, or inactivity.
19.2 By you. You may ask us to close your account at any time through the Contact page. Closing your account does not cancel orders that have shipped or relieve you of amounts you owe.
19.3 What continues. When an account is closed, your right to use the Site ends. Any section of these Terms that by its nature should continue, including Sections 6, 9, 12, 14, 16, 17, 18 and 20, continues after your account is closed.
20. Disputes, governing law and venue
20.1 Talk first. Before you start a legal claim, send us a written notice describing the problem through the Contact page, and give us 30 days to try to resolve it. If we ask, also send the notice by mail to the address we give you. Both of us will try in good faith to settle the dispute during that time.
20.2 Florida law. Florida law governs these Terms and any dispute arising from them, the Site or your orders, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.3 Florida courts. You and we agree that the state and federal courts located in Florida have exclusive jurisdiction and venue over any dispute that is not resolved within the 30-day period in Section 20.1. Each of us consents to the personal jurisdiction of those courts and waives any objection that the forum is inconvenient.
20.4 Jury waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM THESE TERMS, THE SITE OR YOUR ORDERS.
20.5 No class actions. To the extent the law allows, you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.
20.6 Court orders to protect rights. We may ask a court at any time for an injunction or other equitable relief to protect the Site, our confidential information or our intellectual property.
21. General terms
21.1 Entire agreement. These Terms, together with our Privacy Policy and any additional terms described in Section 1.2, are the entire agreement between you and us about the Site and your orders, and they replace any earlier understanding about the same subject.
21.2 Severability. If a court finds that part of these Terms cannot be enforced, that part will be enforced as far as the law allows and the rest will stay in effect.
21.3 No waiver. If we do not enforce a part of these Terms, that is not a waiver of it.
21.4 Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms, including in a sale or merger of our business.
21.5 Events outside our control. We are not liable for a delay or failure caused by events outside our reasonable control, including supplier or carrier failures, shortages, import or customs delays, changes in tariffs or duties, labor disputes, weather, fire, power or internet failures, cyberattacks, pandemics, war, terrorism or government action.
21.6 Notices. We may give you notice by email to the address on your account, or by posting it on the Site. You may give us notice through the Contact page. Our notice to you is effective when we send it, and your notice to us is effective when we receive it through the Contact page.
21.7 Relationship. You and we are independent contracting parties. Nothing in these Terms makes either of us the agent, partner, employee or franchisee of the other.
21.8 No third-party rights. Except for the people we protect in Sections 17 and 18, these Terms do not benefit anyone other than you and us.
21.9 Export and sanctions. You confirm that you are not on a U.S. government restricted-party list, and that you will not resell products to anyone who is.
21.10 Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
22. Contact us
Questions about these Terms, or a problem with an order? Use our Contact page. Please include your company name, your account number and, if it is about an order, your order number.
