This website is operated by PMG | DSM. Throughout the site, the terms “we”, “us” and “our” refer to PMG | DSM. PMG | DSM offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Membership Fees may be cancelled upon 30 days notice. Any cancellations to membership are subject to a pro-rated refund to the nearest calendar month. No refunds will be issued for membership fees in the event a member requests assistance in providing customized invoices or other documentation necessary to establish themselves as a re-seller in a certain category, brand or product.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited and becomes the sole responsibility of the member.
We do not warrant that all of our products are eligible for Amazon’s Fulfilled by Amazon (FBA) program. It is the member’s responsibility to ensure the products purchased comply with Amazon policy. You agree that some products are inherently ineligible. In matters where the product is ineligible, all sales are final and subject to storage and handling fees. In the event the products are not claimed, they will be deemed abandoned by you and otherwise disposed of.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The carrier you select for shipping is subject to change and is at the discretion of our shipping department. Factors used in considering the shipping carrier include, but are not limited to, feasibility and address accuracy.
Unless explicitly stated , you agree to accept the tracking information and delivery status provided to and by the shipping carrier as proof of delivery and or status of shipment. We do NOT take accountability for delivery or lost/stolen packages. In the event of a stolen or lost in shipment package, we will attempt to remedy a solution on a per case basis, although we are NOT responsible for Lost or Stolen packages, either in or post transit.
COVID-19 UPDATE : Due to the current state of the world during Covid-19, we are NOT able to offer any guaranteed delivery times as the major carriers have made announcements stating the same. (if you are needing guaranteed delivery times, please refer to the carrier selected and address the concerns to them.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed in bad faith by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Brain Base, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SP4SP Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Nevada. By using our services you consent to jurisdiction within the State of Nevada and venue in Washoe County . In the event any dispute arises, you agree to be liable for attorneys fees, costs, travel expenses, lodging expenses and consequential damages in connection with challenging the jurisdiction of the commenced action.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@dropshipmonster.com.
This website is operated by PMG | DSM. Throughout the site, the terms “we”, “us” and “our” refer to PMG | DSM. PMG | DSM offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1. Description of Services. Beginning on the Effective Date, the Provider will provide to the Merchant the services described in the attached Exhibit (collectively, "Services"). PMG I DSM provides logistics software and a fulfillment network of third-party logistics providers ("3PLs") that allows ecommerce manufacturers and merchants ("Merchants") to seamlessly add multiple 3PLs based on their growth and/or geographical needs (the "Fulfillment Network" or ''Network").
The Merchant agrees to pay PMG / DSM for the Services in the amounts outlined in Merchant's Agreement. "Service Fees" are the fees for any Service and any third-party fees (including, but not limited to, storage, labor, packaging, carrier fees, shipping fees, rates of duty, international brokerage charges, freight charges, insurance premiums, penalties, or other charges given during Merchant's use of the Service). Merchants shall pay the following Service Fees, which may be adjusted occasionally.
2.1 Merchant payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service ( collectively, the "Stripe Service Agreement"). By agreeing to these Terms or continuing to operate as a Merchant on the Service, you agree to be bound by the Stripe Service Agreement, as Stripe may modify the same occasionally. Merchant agrees to provide PMG / DSM with accurate and complete information about Merchant and their business, and Merchant authorizes the necessary sharing of such information with Stripe.
2.2 When you use the Service, all charges for the Service and any additional fees payable to PMG / DSM will be charged to the credit card associated with your Stripe account. Merchant agrees to pay PMG / DSM the amount that is specified in accordance with these Terms. If the Merchant disputes any charges, you must inform PMG / DSM within thirty (30) days after the invoice date.
2.3 Merchant agrees and acknowledges that PMG / DSM shall maintain a warehouseman's lien under the UCC for all Goods in the Network's possession, regardless of whether a specific receipt is issued by PMG / DSM, to cover all charges outlined in this Agreement. In the event PMG / DSM is required to exercise its lien, the Merchant shall be responsible for all necessary and reasonable costs incurred by PMG / DSM, including, but not limited to, reasonable attorney fees.
2.4 If Merchant fails to make payments within five (5) days after the date of an invoice, all Services shall stop until PMG / DSM receives payment. Furthermore, after Fifteen (15) days of non-payment, PMG / DSM has the right to automatically charge the saved payment method on file or any payment method used in the past for the amount due.
2.5 Merchant acknowledges that it is responsible for and agrees to reimburse PMG /DSM for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by PMG / DSM (including costs and related expenses) that are caused by or arising out of payments that Merchant authorizes or accepts.
2.6 Unless otherwise specified, all dollar amounts stated in this Terms of Service and the website will be in US dollars.
2.7 All fees due for the cost of the Product shall be paid directly by the End-User to the Merchant. Under no circumstances shall PMG / DSM accept, receive, or otherwise be held responsible for payments from an End-User made in exchange for the Product.
2.8 PMG / DSM reserves the right to stop shipping if the merchant does not provide a valid credit card.
2.9 PMG I DSM reserves the right to dispose of/donate inventory if the Merchant's account remains unpaid for thirty (30) days.
In addition to any other right or remedy provided by law, if the Recipient fails to pay for the Services when due, the Provider has the option to treat such failure to pay as a material breach of this Contract and may cancel this Contract and/or seek legal remedies.
3.1 If the merchant chooses to terminate fulfillment with PMG / DSM, the merchant must give 30 days' notice. PMG I DSM will use best efforts to palletize all onhand merchant inventory within 30 days of notice - this is the removal period. PMG I DSM has no obligation to palletize or aggregate on-hand merchant inventory during peak season ( October 31 -January 15). The 30-day removal period will cease during that time. If notice is given on November 9th-the 30-day removal time clock will not start until January 6th. Merchants will be charged $65 per hour for all labor associated with removal, shipping, and forwarding costs.
3.2 PMG I DSM reserves the right to terminate fulfillment services for merchants at any time. PMG / DSM will charge $75 per hour for all labor associated with removal upon the termination of services.
3.3 PMG I DSM reserves the right to stop receiving merchant inventory.
3.4 PMG I DSM reserves the right to dispose of/donate inventory if Merchant's account remains unpaid for thirty (30) days.
3.5 PMG I DSM reserves the right only to start the removal process once the merchant's outstanding debt has been paid and a valid credit card is on file.
3.6 PMG I DSM reserves the right to remove the product if it violates our terms of service or any local or federal law.
3.7 The disposal fee is $1.10 per pound. This includes labor charges. Depending on the amount of inventory being disposed of, additional dumpster fees may apply if a dumpster needs to be ordered.
5.1 Merchant hereby agrees that at no time during the period that Products are held by PMG I DSM Fulfillment Network as Inventory will PMG / DSM or the Network hold title or any other ownership rights in the Inventory. Title in Inventory will continue to be held by Merchant until the Products are delivered to the End-User.
5.2 Merchant hereby agrees that at no time during the period that the Fulfillment Network holds Products as Inventory in the Warehouse will PMG / DSM or the Fulfillment Network carry the risk ofloss in the Inventory. The risk ofloss in Inventory will continue to be held by Merchant until the Products are delivered to the End-User.
5.3 Merchant hereby agrees that it is the Merchant's responsibility, at all times, to maintain an insurance policy that covers the cost of the Products held in Inventory. Merchants can add a Fulfillment Network warehouse as a designated storage location to Merchant's general inventory policy.
5.4 Merchant acknowledges that the Goods stored or warehoused by PMG / DSM Fulfillment Network are not insured against loss or damage by PMG / DSM or the Fulfillment Network. Merchant shall be solely responsible for obtaining insurance coverage for the Goods.
5.5 Merchant agrees that PMG / DSM's and the Fulfillment Network's liability for any damage caused to the Goods shall be limited to the actual product value, which the original purchase invoice from the manufacturer/supplier shall measure. PMG I DSM shall not be liable for any loss or damage to the Goods unless the loss or damage was directly caused by PMG / DSM's gross negligence or willful misconduct.
5.6 In the event of a lost or damaged order, PMG I DSM will file a claim with Carrieår for Goods valued at less than or equal to $100.00. PMG / DSM WILL NOT file claims for Mail Innovation, DHL Global Mail, SurePost, Purolator, Canada Post Regular Parcel, USPS Media Mail, or USPS First Class Shipments unless additional shipping insurance is purchased. A credit will be applied on the next invoice for the amount the Carrier paid to PMG /DSM.If the carrier denies the claim, the Merchant agrees that under no circumstances will PMG / DSM be liable for more than $50.00 per shipment. Merchant agrees that PMG / DSM will not be liable for lost or damaged orders.
5.7 Merchants can choose not to insure their inventory. In any event, PMG I DSM and the Fulfillment Network will not be liable for any loss or damage to the inventory stored.
5.8 Merchant agrees that they do not violate any local, state, or federal law by selling, storing, and distributing Merchant products.
5.9 Insurance. PMG I DSM does not insure against loss or damage to your goods, products, or inventory stored or warehoused by PMG / DSM. You are responsible for obtaining insurance coverage for your goods, products, or inventory and the costs associated with such insurance. The decision to purchase insurance is yours alone. If you obtain insurance, you should advise your insurance broker or agent that PMG I DSM load balances your goods, products, and inventory. Your inventory could be held at any of our PMG / DSM warehouse locations. Please provide pertinent information to your broker or agent regarding PMG / DSM's operations and the potential location of your goods, products, or inventory to ensure appropriate and thorough coverage. In the event of a loss, PMG / DSM is not responsible or liable if insurance coverage is not afforded for the goods, products, or inventory or if coverage is denied.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@dropshipmonster.com.