Scope and business customers

These Terms & Conditions govern use of wholesalepinatas.us and purchases from the seller identified on the applicable quotation, pro forma invoice or commercial invoice (“Wholesale Pinatas,” “Seller,” “we,” “us”). By submitting an order, paying a deposit or approving a sample, the customer (“Buyer,” “you”) confirms that it is acting for business purposes, has authority to bind its organisation and accepts these terms.

Website content is general information, not a binding offer. Products, availability, minimum quantities, colors, dimensions, packing and timing are confirmed in writing for each order.

Quotations, prices and payment

• Unless stated otherwise, quotations are valid for 15 calendar days and may change before acceptance because of materials, exchange rates, freight, tariffs or specification changes.
• Prices exclude duties, import taxes, VAT, customs brokerage, destination charges and bank fees unless the quotation expressly includes them.
• The payment schedule appears on the quotation or pro forma invoice. We may require a 50% deposit to start work and the balance before dispatch.
• Deposits become non-refundable to the extent that materials, tooling, samples or production have been committed.
• Buyer must review product codes, quantities, specifications, shipping term, destination and company details before payment.

Orders, changes and cancellation

An order is accepted only when Seller confirms it in writing and receives required payment. Changes are effective only if Seller accepts them in writing; changes may affect price and timing.

Before artwork or sample approval, Buyer may request cancellation and Seller will calculate completed work, purchased materials, tooling, sample, bank and administration costs. After approval or production start, custom, private-label and made-to-order items are non-cancellable. Seller may suspend or cancel an order for non-payment, sanctions or compliance concerns, unsafe or unlawful content, or circumstances that make performance commercially impracticable.

Samples, proofs and approvals

Buyer is responsible for checking dimensions, shape, colors, artwork, text, barcodes, packaging, function and destination requirements before approval. Approval by email, messaging platform, signed document or deposit following a final proof authorises production.

A sample or approved specification is the primary production reference. Screen images and photographs may display colors differently. Re-sampling requested after approval is chargeable and resets the production schedule.

Handmade characteristics and production tolerances

Pinatas are handmade paper products. Small differences in fringe placement, paper texture, color tone, facial details, alignment, glue marks and finished measurements are normal and are not defects when the goods remain materially consistent with the approved sample.

• Unless a tighter tolerance is written in the quotation, finished dimensions may vary by up to ±5%.
• Bulk color and printed output may vary reasonably between lots, materials, lighting and devices.
• For made-to-order production, shipped quantity may vary by up to ±5%; the final invoice may be adjusted to the actual accepted quantity.
• Buyer must disclose safety, labelling, testing and market-specific requirements before quotation. Seller is not responsible for requirements that were not provided and accepted in writing.

Artwork, intellectual property and custom designs

Buyer retains its rights in artwork and trademarks it supplies and grants Seller a limited licence to reproduce them only to quote, sample, manufacture and fulfil the order. Buyer warrants that supplied content and requested designs do not infringe third-party rights and will defend and indemnify Seller against claims arising from that content.

Seller retains rights in pre-existing catalog designs, manufacturing methods, structural solutions, templates, photographs and know-how. Exclusive ownership, design assignment, mould ownership or confidentiality applies only when expressly agreed in writing and, where applicable, fully paid.

Delivery, title, risk and import obligations

The confirmed Incoterms 2020 rule and named place or port on the quotation determine delivery, allocation of costs and transfer of risk. Current bulk quotations use FOB at the named port. Buyer is responsible for main carriage, acting as importer of record, destination duties, taxes, permits, product compliance, customs clearance and related charges.

Dates are good-faith estimates, not guarantees. Buyer-caused approval, payment, document or destination delays extend the schedule. Partial shipments may be made when commercially reasonable. Title to goods remains with Seller until all amounts due are paid, to the extent permitted by applicable law.

Inspection, claims and remedies

Buyer must inspect goods promptly and follow the deadlines and evidence requirements in our Shipping, Claims & Returns policy. Valid claims may be resolved, at Seller’s reasonable option, by repair, replacement, credit or refund for the affected goods. These remedies are exclusive unless mandatory law requires otherwise.

Warranties and limitation of liability

Seller warrants that goods will materially conform to the approved sample or written specification at dispatch. Except for this limited warranty and rights that cannot legally be excluded, goods and website content are provided without other express or implied warranties, including merchantability or fitness for a particular purpose.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, including lost profit, revenue, goodwill or business interruption. Seller’s total liability for a claim will not exceed the amount Buyer paid for the affected goods. Nothing excludes liability that cannot legally be limited.

Force majeure

Seller is not liable for delay or failure caused by events beyond reasonable control, including natural disaster, epidemic, war, civil disruption, government action, sanctions, power or network failure, labour action, material shortage, carrier cancellation, port congestion, customs hold or transport interruption. Seller will use reasonable efforts to notify Buyer and resume performance.

Governing terms, disputes and changes

The governing law and dispute forum stated on the quotation or pro forma invoice apply. If none is stated, the parties will first attempt good-faith commercial negotiation for 30 calendar days before starting formal proceedings in a competent forum where Seller is registered. The United Nations Convention on Contracts for the International Sale of Goods is excluded unless the order document expressly says otherwise.

If a provision is unenforceable, the remainder continues. Failure to enforce a right is not a waiver. Buyer may not assign an order without Seller’s written consent. We may update website terms prospectively; the version accepted for a confirmed order remains applicable to that order.