Terms of Service

1. Agreement to Terms

By accessing or using Active Merchant's services, website, or purchasing products from us, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Active Merchant reserves the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of the modified terms.

2. Business Relationship

Active Merchant operates as a boutique distributor specializing in B2B transactions. Our services are designed primarily for businesses, organizations, and professional purchasers.

By placing an order, you represent that:

• You are at least 18 years of age
• You have the authority to enter into this agreement
• All information provided is accurate and complete
• You will use products for lawful business purposes

3. Products and Pricing

3.1 Product Information

We strive to ensure all product descriptions, specifications, and images are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current.

3.2 Pricing

All prices are listed in United States Dollars (USD) and are subject to change without notice. Prices displayed on our website are valid at the time of viewing but may be modified before order confirmation.

Retail Pricing: Standard per-unit pricing for orders below minimum order quantities.

Bulk Pricing: Discounted per-unit pricing automatically applied when minimum order quantities (MOQ) are met. MOQ thresholds are clearly indicated for each product.

3.3 Product Availability

All orders are subject to product availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion.

4. Orders and Payment

4.1 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline orders for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

4.2 Payment Terms

Payment is required at the time of order placement unless alternative arrangements have been made in writing. We accept the following payment methods:

• Credit and debit cards (Visa, Mastercard, American Express)
• ACH bank transfers for qualified accounts
• Wire transfers for large bulk orders
• Net 30 terms for approved corporate accounts

4.3 Taxes

Prices do not include applicable sales tax, use tax, or other government-imposed taxes. You are responsible for all applicable taxes based on your jurisdiction.

5. Shipping and Delivery

Shipping terms, delivery timeframes, and associated costs are detailed in our Shipping Terms. All delivery dates are estimates and not guarantees.

Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for delays caused by shipping carriers or events beyond our control.

6. Returns and Refunds

Our return and refund policies are governed by our Refund Policy. Please review that document for complete details on eligibility, timeframes, and procedures.

7. Product Warranties

Products are covered by manufacturer warranties where applicable. Active Merchant does not provide additional warranties beyond those offered by manufacturers.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN MANUFACTURER WARRANTIES, PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

To the fullest extent permitted by law, Active Merchant shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our services
• Any unauthorized access to or use of our servers
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, or other harmful code transmitted through our services
• Any errors or omissions in content or for any loss or damage incurred as a result of use of content

In no event shall Active Merchant's total liability to you for all damages exceed the amount paid by you for the specific product or service giving rise to the claim.

9. Intellectual Property

All content on the Active Merchant website, including text, graphics, logos, images, and software, is the property of Active Merchant or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content without our express written permission.

10. Account Security

If you create an account with Active Merchant, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

11. Bulk Order Terms

For orders meeting minimum order quantities (MOQ), the following additional terms apply:

• Bulk pricing is automatically applied when MOQ thresholds are met
• Bulk orders may have different lead times than retail orders
• Custom bulk orders may require advance payment or deposit
• Cancellation of bulk orders may be subject to restocking fees

12. Prohibited Uses

You may not use our services or products for any unlawful purpose or in violation of these terms. Prohibited uses include but are not limited to:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Transmitting harmful code or interfering with our systems
• Impersonating another person or entity
• Engaging in fraudulent activity
• Reselling products in violation of manufacturer restrictions

13. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms of Service.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these terms shall be brought exclusively in the state or federal courts located in Larimer County, Colorado.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy, Refund Policy, and Shipping Terms, constitute the entire agreement between you and Active Merchant regarding the use of our services.

17. Contact Information

Questions about these Terms of Service should be directed to our legal team using the contact information below.