Terms of Use

Acceptance of these terms

By accessing or using afswholesaleshop.com (the “Site”), operated by AFS Wholesale LLC, 1957 Rutgers Blvd, Lakewood, NJ 08701, you agree to these Terms of Use. If you do not agree, do not use the Site. These Terms of Use apply to your use of the Site itself; the ordering and sale of goods through the Site is governed by our separate Terms of Sale, and your personal information is handled as described in our Privacy Policy. If there is a conflict between these Terms of Use and the Terms of Sale regarding a purchase, the Terms of Sale control for that transaction.

Who may use the Site

The Site is intended for business-to-business use by businesses, and by their authorized personnel, purchasing for commercial purposes. It is not directed to consumers or to children. By using the Site you represent that you are at least 18 years old, that you are using the Site for legitimate business purposes, and that you have the authority to act on behalf of the business you represent. Certain features—such as business accounts, pricing, quoting, credit applications, and tax-exemption review—may be limited to approved account holders.

Accounts and buyer responsibilities

Some features require an account. When you register or are invited as a buyer, you agree to provide accurate and current information and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, including orders placed and actions taken by users you authorize. Notify us promptly at sales@afswholesaleshop.com if you believe your account has been accessed without authorization. We may suspend or terminate accounts that violate these terms, that we reasonably believe are being misused, or as needed to protect the Site and other users.

Acceptable use and prohibited conduct

You agree to use the Site lawfully and only for its intended business purposes. You agree not to:

• violate any applicable law, regulation, or third-party right;
• access, scrape, harvest, or copy Site content, pricing, or catalog data by automated means without our written permission, or use the Site to build or feed a competing product or dataset;
• attempt to gain unauthorized access to the Site, other accounts, or our systems, or interfere with, disrupt, or overload the Site or its security features;
• introduce malware or other harmful code, or probe or scan the Site for vulnerabilities without authorization;
• misrepresent your identity or affiliation, submit false account, credit, or tax-exemption information, or use another party’s account without permission; or
• use the Site to infringe intellectual property, transmit unlawful, deceptive, or infringing material, or engage in fraud.

We may investigate suspected violations and take appropriate action, including restricting access and cooperating with law enforcement.

Intellectual property and trademarks

The Site and its content—including text, layout, graphics, and the compilation and arrangement of the catalog—are owned by AFS Wholesale or its licensors and are protected by intellectual-property laws. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purchasing. You may not reproduce, distribute, modify, or create derivative works from the Site except as expressly permitted. Product names, brand names, logos, and images displayed on the Site are the trademarks and property of their respective owners and are used to identify products; their appearance does not imply any endorsement, affiliation, or authorization beyond the sale of those goods.

Product information, pricing, and availability

We work to keep product descriptions, specifications, images, identifiers, pricing, and availability accurate, but the Site may contain errors, inaccuracies, or omissions. Much of this information—including manufacturer part numbers, UPC and other identifiers, descriptions, and images—is provided by manufacturers, distributors, and other suppliers, and we do not independently verify all of it. Images are for illustration and may differ from the actual item, and packaging, labeling, and specifications may change. Prices and availability are subject to change without notice, and listing a product does not guarantee it is in stock. We reserve the right to correct errors and to update information at any time. Terms applicable to placing and fulfilling an order—including price confirmation, order acceptance, and cancellation—are set out in the Terms of Sale.

Third-party links and content

The Site may link to or display content, tools, or resources operated by third parties, such as manufacturer sites, payment processors, or credit and tax-document providers. We provide these for convenience and do not control or endorse them, and we are not responsible for their content, products, or practices. Your use of third-party services is governed by their own terms and privacy policies, and we encourage you to review them.

Disclaimers of warranties

The Site and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AFS Wholesale disclaims all warranties of any kind regarding the Site, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site will be uninterrupted, timely, secure, or error-free, or that content is accurate or complete. This section addresses use of the Site; any warranties relating to the goods you purchase are addressed in the Terms of Sale. Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

Limitation of liability

To the fullest extent permitted by law, AFS Wholesale and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business, arising out of or relating to your use of, or inability to use, the Site, even if advised of the possibility of such damages. Nothing in these terms limits liability that cannot be limited under applicable law. Any specific monetary cap on liability will be confirmed by counsel and is not stated in this draft.

Indemnification

You agree to defend, indemnify, and hold harmless AFS Wholesale and its owners, employees, and agents from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site, your violation of these terms, or your violation of any law or third-party right. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

Governing law and disputes

These Terms of Use are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. The specific method and venue for resolving disputes—including any court or alternative dispute-resolution process—will be confirmed by counsel and is not finalized in this draft. Until then, the parties will attempt in good faith to resolve any dispute relating to the Site informally by contacting sales@afswholesaleshop.com.

Changes to these terms

We may update these Terms of Use as our practices, the Site, or the law change. We will post the updated version with a new effective date, and material changes will be identified where required. Your continued use of the Site after an update takes effect means you accept the revised terms. If you do not agree to a change, stop using the Site.