Last modified October 7, 2026
TERMS AND CONDITIONS FOR WHOLESALE PRODUCTION
These Wholesale Production Terms & Conditions (“Terms”) govern wholesale manufacturing and production services provided by The Cultivated Creative (“TCC,” “we,” “us,” or “our”) to approved wholesale clients (“Client,” “you,” or “your”).
These Terms apply to all wholesale quotes, orders, products, and production services provided by The Cultivated Creative, including custom laser cutting and engraving, UV printing, and other custom manufacturing services.
By applying for or creating a wholesale account and affirmatively accepting these Terms, and/or by submitting payment for a wholesale order after being presented with these Terms, Client acknowledges that they have read, understand, and agree to be bound by these Terms.
Each quote, invoice, order form, production form, artwork submission, and other written order-specific communication between TCC and Client is incorporated into these Terms as applicable to that particular order. In the event of a conflict between these Terms and an order-specific written agreement expressly approved by TCC, the order-specific written agreement will control solely with respect to that order.
1. QUOTES, ORDERS & PAYMENT
Pricing for wholesale products and production services will be provided by The Cultivated Creative based on the specifications submitted by Client. Submission of a wholesale product form or request for quote does not obligate Client to place an order and does not authorize TCC to begin production.
Quotes are based on the quantities, materials, dimensions, artwork, production methods, shipping requirements, and other specifications provided at the time of quoting. Changes to those specifications may result in revised pricing and/or turnaround times.
An order is considered accepted for production once the applicable invoice has been paid and TCC has received all information and production files required to manufacture the order. Payment of an invoice authorizes TCC to proceed with the custom order described on that invoice in accordance with these Terms.
Unless otherwise agreed in writing, payment is due in full before production begins. Production timelines do not begin until payment and all required production information and files have been received.
Rush production, expedited shipping, specialty materials, artwork adjustments, file preparation, or other services outside the original quote may incur additional charges. Any such charges will be communicated to Client as applicable.
2. CUSTOM ORDERS, CANCELLATIONS & REFUNDS
All wholesale products manufactured by The Cultivated Creative are custom-made to order based on Client’s requested specifications, quantities, materials, and/or supplied artwork. Because these products are created specifically for Client and cannot generally be resold, all sales are final.
Cancellations: Cancellation requests must be submitted in writing. Once an order has been submitted and paid, cancellation is at the sole discretion of The Cultivated Creative. Rush fees, design or file-preparation fees, specialty material costs, and other expenses incurred specifically for an order are non-refundable.
Refunds & Manufacturing Errors: Refunds are not provided for custom products except as determined appropriate by TCC in connection with a verified manufacturing error attributable to TCC. If TCC determines that a manufacturing error has occurred, TCC will determine the appropriate remedy, which may include repair, reproduction, replacement, account credit, or refund.
Client is responsible for reviewing all order specifications and submitted artwork for accuracy before placing an order. Errors contained within Client-supplied artwork, changes in Client preference, or differences resulting from reasonable manufacturing, material, or color variations do not constitute manufacturing errors.
Client agrees to contact TCC directly regarding any issue with an order and provide photographs and other reasonably requested documentation necessary for TCC to evaluate the claim.
3. ARTWORK, PRODUCTION FILES & PROOFS
Client is responsible for providing complete, accurate, and production-ready artwork in accordance with The Cultivated Creative’s current file requirements.
Client is solely responsible for reviewing all submitted artwork before submission, including spelling, grammar, names, dates, dimensions, quantities, layout, colors, image quality, and all other design elements. TCC is not responsible for errors contained within Client-supplied files.
TCC will manufacture orders using the files supplied by Client and is not responsible for independently reviewing, proofreading, correcting, or modifying Client artwork unless such services have been specifically requested and agreed upon.
Files that do not meet TCC’s production requirements may require correction or re-submission before production can begin. If TCC is asked to modify, rebuild, prepare, or otherwise correct Client-supplied files, additional fees may apply.
Submission of production-ready artwork constitutes Client’s authorization for TCC to use those files to manufacture the applicable order.
Artwork Rights: Client represents that they own, have licensed, or otherwise have permission to use and reproduce all artwork, designs, logos, fonts, photographs, illustrations, trademarks, and other materials submitted to TCC for production. Client is solely responsible for obtaining any necessary permissions or licenses. TCC is not responsible for determining whether Client-supplied materials infringe upon the copyright, trademark, intellectual property, or other rights of any third party.
Proofs: Unless specifically agreed upon in writing, TCC does not provide digital or physical production proofs for Client-supplied, production-ready artwork. Client’s submitted production file serves as the final artwork for manufacturing.
Client is responsible for retaining copies of all original and production files submitted to TCC. TCC is not responsible for maintaining or archiving Client files after an order has been completed.
4. COLOR, MATERIALS & MANUFACTURING VARIATIONS
Client understands that colors displayed in digital artwork, PDF files, screens, photographs, and other electronic representations may differ from colors produced on physical materials. Color appearance may vary based on screen calibration, lighting, material type and color, opacity, surface finish, printing method, ink interaction, and other production variables. Exact color matching is not guaranteed unless specifically agreed upon in writing prior to production.
TCC will produce Client-supplied artwork using the color information contained within the submitted production files. Reasonable color variations between digital artwork and the finished product, or between individual pieces within a production run, are inherent to custom printing and manufacturing and do not constitute a manufacturing defect.
Materials including acrylic, wood, paper, and other substrates may naturally exhibit minor variations in color, texture, thickness, surface appearance, finish, or other characteristics. Laser cutting, engraving, UV printing, and other manufacturing processes may similarly result in minor variations in placement, alignment, dimensions, edges, engraving, print coverage, or appearance.
Minor material or manufacturing variations that do not materially affect the appearance or intended use of the finished product are not considered defects. Because products are custom manufactured, TCC does not guarantee that every piece within an order will be completely identical.
Any photographs or videos provided by TCC are for reference only and should not be relied upon for exact color representation.
5. PRODUCTION, TURNAROUND & RUSH ORDERS
Production timelines begin once payment and all information, materials, and production-ready files required to complete the order have been received. Turnaround times provided by TCC are estimates unless expressly guaranteed in writing.
Incomplete or incorrect files, requested changes, delayed responses, specialty material availability, or other circumstances outside TCC’s reasonable control may extend the estimated timeline.
Rush production may be available at TCC’s discretion for an additional fee. Client is responsible for providing applicable event dates, in-hand dates, and deadlines when placing an order. Rush production does not guarantee carrier delivery times.
6. SHIPPING, DELIVERY & ORDER ISSUES
TCC may ship orders directly to Client or to a third-party address provided by Client. Client is responsible for providing complete and accurate shipping information. Once an order has been transferred to the shipping carrier, TCC is not responsible for carrier delays, missed delivery estimates, or other circumstances outside TCC’s reasonable control.
Carrier Damage: Damage occurring while an order is in the possession of the shipping carrier is considered carrier damage and not a manufacturing defect. Client must promptly notify TCC of any suspected carrier damage and provide clear photographs of the affected products, original packaging, and shipping box so that TCC may assist with filing a carrier claim when applicable.
Damage, Defects & Incorrect Orders: Client must inspect all products promptly upon delivery. Any claim regarding carrier damage, incorrect items, or a suspected manufacturing defect must be reported to TCC in writing within 3 business days of delivery and must include clear photographs documenting the issue.
TCC will review reported issues to determine whether a manufacturing error has occurred. If TCC determines that an error attributable to TCC has occurred, TCC will determine the appropriate remedy, which may include repair, reproduction, replacement, account credit, or refund.
Products subject to a reported issue should not be altered, used, installed, assembled, distributed, or otherwise modified before TCC has had a reasonable opportunity to review the issue. Failure to report an issue within the timeframe above or alteration or use of the affected products may limit TCC’s ability to provide a remedy.
7. REPRESENTATIONS AND WARRANTIES
A) REPRESENTATIONS AND WARRANTIES. THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
CLIENT ACKNOWLEDGES THAT THE CULTIVATED CREATIVE PROVIDES CUSTOM MANUFACTURING SERVICES BASED UPON CLIENT-PROVIDED SPECIFICATIONS, ARTWORK, AND PRODUCTION FILES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TCC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING PRODUCTS BEYOND THE SPECIFICATIONS EXPRESSLY AGREED UPON FOR THE APPLICABLE ORDER.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE CULTIVATED CREATIVE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. The Parties have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Florida, and that venue of any action will be located in the District Court of Clay County, Florida.
B) BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
C) TERMINATION. The Cultivated Creative is committed to providing all customers with a positive experience. If you fail, or The Cultivated Creative suspects that you have failed, to comply with any of the provisions of this Agreement, The Cultivated Creative, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to The Cultivated Creative under this Agreement will survive expiration or termination of this Agreement for any reason.
D) MODIFICATIONS AND AMENDMENTS. The Cultivated Creative reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on The Cultivated Creative’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at hello@thecultivatedcreative.com.
E) INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
F) BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF FLORIDA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
G) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of The Cultivated Creative’s intellectual property rights and confidential and proprietary information by you, The Cultivated Creative will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Cultivated Creative may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Clay County, Florida, United States of America for purposes of any such action by The Cultivated Creative.
H) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
I) NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
