Terms of Service

Ozark & Bayou Wholesale Co.

Effective Date: [Insert date]

1. Overview

Welcome to Ozark & Bayou Wholesale Co. (“Ozark & Bayou,” “we,” “us,” or “our”). We operate this website and wholesale store to provide approved retail partners with access to collectible glass, home décor, exclusive designs, seasonal merchandise, tabletop and serveware, and related products.

These Terms of Service (“Terms”) govern your access to and use of our website, wholesale account, products, and services. By accessing our website, submitting a wholesale application, creating an account, or placing an order, you agree to these Terms and our applicable policies.

Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services.

2. Wholesale Eligibility and Account Approval

Our wholesale program is intended for legitimate businesses purchasing products for commercial resale. Wholesale access is not intended for personal or household purchasing.

Applicants must provide accurate and complete business information, including any resale certificates, sales tax identification numbers, business registration details, or other documentation we reasonably request. Submission of an application does not guarantee approval.

We reserve the right to approve, decline, suspend, or revoke wholesale account access at our discretion, subject to applicable law. We may request updated documentation or additional information to maintain account eligibility.

Approved accounts are intended for use by the authorized business and its designated representatives. You are responsible for maintaining the security of your account and for all activity conducted through it. You may not sell, transfer, or share your account with an unrelated business or unauthorized person.

3. Business Purchases and Resale

By placing an order, you represent that you are authorized to purchase on behalf of the business associated with your wholesale account and that your purchases are for legitimate business purposes and commercial resale.

You are responsible for complying with all laws and regulations applicable to your business, including resale, sales tax, product labeling, and consumer protection requirements. You are also responsible for determining whether a product is appropriate for your intended resale market.

Approval as a wholesale customer does not create an agency, franchise, employment, or exclusive distribution relationship with Ozark & Bayou.

4. Products and Product Information

We make reasonable efforts to provide accurate product descriptions, photographs, dimensions, colors, and other information. However, photographs and screen settings may not represent colors or appearances exactly.

Many of our products are made from pressed, molded, or otherwise manufactured glass. Normal manufacturing characteristics may include minor variations in color, pattern, thickness, seams, bubbles, or other details, depending on the product. These characteristics do not automatically constitute defects, but products must still conform to applicable product descriptions and any express representations we make.

For slag glass and other multicolored products, color distribution and patterning may vary from piece to piece. Unless expressly stated otherwise, photographs may be representative of the product type rather than the exact individual item received.

We reserve the right to update product descriptions, discontinue products, and limit quantities. Product availability is not guaranteed until an order has been accepted.

5. Wholesale Pricing and Minimum Orders

Wholesale pricing is available only to approved accounts and may vary by product, collection, customer, or applicable catalog.

Prices, discounts, and minimum order requirements are subject to change. The price and ordering requirements applicable to a purchase will be those displayed or otherwise agreed upon when the order is accepted, unless a correction is required for an obvious error.

Minimum quantities, case packs, color requirements, or other purchasing conditions may apply to certain products. These requirements will be communicated through the wholesale catalog, product listing, quotation, or other written ordering information.

Unless expressly stated otherwise, prices do not include shipping, handling, taxes, customs duties, or other applicable charges.

6. Orders and Acceptance

Submitting an order constitutes an offer to purchase. An order is not accepted until we confirm acceptance or otherwise begin fulfillment. We reserve the right to decline, cancel, or limit an order for legitimate business reasons, including product availability, account eligibility, payment issues, or errors in pricing or product information.

If we are unable to fulfill an order as submitted, we will make reasonable efforts to contact you using the information provided with your account or order.

Please review your order carefully before submitting it. Changes or cancellations may not be possible once an order has been accepted or processing has begun. Any cancellation, return, or exchange request is subject to our applicable Refund and Returns Policy and any written terms agreed upon for the order.

7. Payment and Taxes

Payment must be made using the payment methods and terms made available to your account or otherwise agreed upon in writing.

You agree to provide accurate billing and payment information and to pay all amounts due in accordance with the applicable order terms. We may suspend fulfillment or account access if payment obligations are not satisfied.

You are responsible for providing valid resale or tax-exemption documentation where applicable. If documentation is missing, invalid, or insufficient, applicable taxes may be charged. You remain responsible for any taxes, duties, or other government charges associated with your purchases as required by law.

8. Shipping and Delivery

Shipping methods, charges, processing times, and delivery estimates may vary depending on the products, order size, destination, and available carriers.

We take care in preparing fragile glass for shipment and use packaging appropriate to the products and shipment. Delivery dates are estimates unless expressly guaranteed in writing.

Shipping charges and any applicable freight arrangements will be displayed during checkout or communicated before the order is finalized. Additional charges may apply to oversized, heavy, special-handling, or freight shipments when disclosed and agreed upon.

Please review our Shipping Policy for further information regarding fulfillment, delivery, damaged shipments, and shipping-related claims.

Risk of loss and title: [Insert the agreed policy regarding when ownership and responsibility for loss transfer to the buyer. Have this provision reviewed to ensure it matches your shipping insurance and damage-claim procedures.]

9. Damaged, Defective, or Incorrect Merchandise

We understand that collectible glass requires careful handling and that order accuracy is important to our retail partners.

If an order arrives damaged, defective, or incorrect, please contact us within the timeframe stated in our Refund and Returns Policy. Include your order number, a description of the issue, photographs of the affected merchandise, and photographs of the packaging when relevant.

Please retain the merchandise and packaging until the claim has been reviewed or you receive further instructions. Do not discard damaged items or return merchandise without authorization when doing so may affect the claim process.

We will review claims in accordance with our applicable policies and any rights or remedies required by law. Normal manufacturing variations described in the product listing are not automatically considered defects.

10. Returns, Exchanges, and Cancellations

Wholesale purchases are subject to our separate Refund and Returns Policy, which is incorporated into these Terms by reference.

Please review that policy before placing an order. It explains applicable return eligibility, reporting deadlines, damaged-item procedures, and any restrictions on returns or exchanges.

Nothing in these Terms is intended to exclude rights or remedies that cannot lawfully be excluded.

11. Exclusive Designs and Intellectual Property

Ozark & Bayou may offer original designs, proprietary molds, exclusive product lines, custom packaging, photography, and other branded materials.

All intellectual property rights in our website content, photographs, graphics, branding, and original designs belong to Ozark & Bayou or their respective owners, licensors, or rights holders, as applicable.

Wholesale purchase of a product does not transfer ownership of any intellectual property rights in that product or its design. You may resell authentic products purchased from us, but you may not reproduce, copy, manufacture, commission reproductions of, or otherwise exploit our protected designs, molds, trademarks, or other intellectual property without prior written authorization.

You may not represent yourself as the manufacturer or creator of our exclusive products, remove or misrepresent our branding, or make false claims regarding product origin or authenticity.

Any use of our product photographs, logos, descriptions, or marketing materials beyond ordinary authorized resale activities must comply with our written permissions or applicable retailer guidelines.

12. Resale and Brand Representation

Retail partners are responsible for representing products accurately and complying with applicable advertising, labeling, and consumer protection laws.

You may not knowingly misrepresent product origin, age, manufacturer, materials, condition, or authenticity. Products sold as seconds, imperfect merchandise, or otherwise specially designated inventory must not be represented as first-quality merchandise when that representation would be misleading.

Any additional resale restrictions, marketplace policies, territory arrangements, or exclusivity agreements must be separately communicated and agreed upon in writing. Approval of a wholesale account does not, by itself, grant exclusive rights to any product or territory.

13. Website Use and Prohibited Conduct

You agree to use our website and services only for lawful purposes. You may not:

• Provide false or misleading account or business information.

• Access wholesale pricing or accounts without authorization.

• Interfere with the security or operation of the website.

• Upload malicious code or attempt to gain unauthorized access to our systems.

• Copy or misuse protected website content, branding, or product designs.

• Use the website in a manner that violates applicable law or the rights of others.

We may restrict access or take other appropriate action in response to violations of these Terms.

14. Third-Party Services and Links

Our website may contain links to third-party websites or use services provided by third parties, including payment processors, shipping carriers, and ecommerce technology providers.

We are not responsible for the content, policies, or practices of independent third-party websites. Your use of those services may be subject to their separate terms and privacy policies.

15. Relationship With Shopify

Ozark & Bayou Wholesale Co. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Ozark & Bayou Wholesale Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ozark & Bayou Wholesale Co., including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Ozark & Bayou Wholesale Co.

16. Privacy

Our collection, use, and disclosure of personal information are described in our Privacy Policy, available at:

[Insert Privacy Policy link]

Wholesale applications may include business contact information, resale documentation, and other information necessary to review and maintain account eligibility. Please review our Privacy Policy for details regarding how this information is handled.

17. Errors and Inaccuracies

We reserve the right to correct typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, availability, shipping charges, or other website information.

If an error affects an order, we will make reasonable efforts to notify you and provide an appropriate resolution in accordance with applicable law.

18. Disclaimer of Warranties

Except as expressly stated in our product descriptions, written agreements, or as otherwise required by applicable law, our website and services are provided on an “as is” and “as available” basis.

Any disclaimers of implied warranties or limitations relating to products will apply only to the extent permitted by applicable law. Nothing in these Terms limits any express warranty we provide or any rights that cannot lawfully be excluded.

[Attorney review required: Insert any additional warranty provisions appropriate for your products and wholesale sales.]

19. Limitation of Liability

To the fullest extent permitted by applicable law, Ozark & Bayou will not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use of our website or services, including lost profits or business interruption, except where such limitations are prohibited by law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

[Attorney review required: Determine whether a monetary liability cap or additional B2B limitations should apply, and ensure this section is consistent with your insurance coverage and applicable law.]

20. Indemnification

You agree to indemnify and hold harmless Ozark & Bayou and its owners, officers, employees, and agents from third-party claims, losses, and reasonable expenses arising from your material breach of these Terms, unlawful resale practices, or violation of the intellectual property or other rights of a third party, to the extent permitted by applicable law.

[Attorney review required: Confirm the appropriate scope, procedures, and limitations of this provision.]

21. Termination of Account Access

We may suspend or terminate access to our wholesale program or website for legitimate business reasons, including violation of these Terms, fraudulent activity, loss of wholesale eligibility, or failure to satisfy payment obligations.

Termination of account access does not eliminate payment obligations or other rights and responsibilities that arose before termination. Provisions that by their nature should survive termination will remain effective.

22. Governing Law and Disputes

These Terms will be governed by the laws of [Insert state], without regard to conflict-of-law principles, except where otherwise required by applicable law.

Any dispute arising from these Terms or a wholesale transaction will be handled in accordance with applicable law and any separate written agreement between the parties.

[Attorney review required: Confirm governing law, venue, and whether any mediation, arbitration, or other dispute-resolution process should be included.]

23. Changes to These Terms

We may update these Terms from time to time. The most current version will be available on this page, and material changes will be communicated as required by applicable law.

Changes will not retroactively alter the agreed terms of an accepted order unless permitted by law or agreed upon by the parties.

24. Contact Information

Questions regarding these Terms of Service may be directed to:

Ozark & Bayou Wholesale Co.
Legal entity: [Insert registered legal business name]
Email: [Insert business email]
Mailing address: [Insert business mailing address]
Phone: [Insert business phone number, if applicable]
Business registration information: [Insert if applicable]

25. Entire Agreement and Severability

These Terms, together with our Privacy Policy, Refund and Returns Policy, Shipping Policy, and any applicable written wholesale agreement, constitute the agreement governing your use of our services and purchases.

If any provision is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law. Failure to enforce a provision on one occasion does not constitute a waiver of the right to enforce it later.