Terms of Service
Part 1. Website Terms of Use
By accessing or using dswarehouse.com (the “Website”), you agree to these terms.
1. Information only
The services, figures, and photos on the Website are for general information only and are not an offer, quote, or commitment. Service details, prices, and timelines are governed by a quote or agreement confirmed in writing by both parties.
2. Quote requests
Submitting a request through the Website does not create a contract. We will contact you to confirm your needs. Information you submit is handled under our Privacy Policy.
3. Intellectual property
The text, images, logos, and design of the Website belong to D&S and may not be copied for commercial use without our written permission.
Temu, TikTok Shop, Amazon, Shein, USPS, UPS, FedEx, and other names are trademarks of their respective owners. We mention them only to describe the scope of our services; their mention does not mean those companies endorse or sponsor D&S.
4. Prohibited conduct
You may not interfere with the Website’s operation, attempt unauthorized access, scrape content in bulk, or submit false, spam, or malicious information.
5. Third-party services and links
The Website may link to third-party services such as WeChat. Your use of those services is governed by their own terms and privacy policies, and D&S is not responsible for their content.
6. Disclaimer and limitation of liability
The Website is provided “as is.” To the fullest extent permitted by law, D&S does not warrant that the Website is complete, accurate, or uninterrupted, and is not liable for any indirect damages arising from your use of the Website.
7. Governing law
These terms are governed by the laws of the Commonwealth of Massachusetts. Disputes will be heard in the state courts located in Middlesex County, Massachusetts, or the United States District Court for the District of Massachusetts.
8. Changes and contact
We may update these terms from time to time by posting the new version on this page. Questions: inquiry@dswarehouse.com.
Part 2. Relabel System Terms of Service
1. Acceptance
These terms are an agreement between you (and the company you represent) and D&S Warehousing & Fulfillment Services, Inc. (“D&S”) for the use of the D&S Relabel System (the “Service”). By signing in to or using the Service, you agree to these terms. If you use the Service on behalf of a company, you confirm that you have authority to bind that company.
2. Definitions
- Customer: the warehouse or company for which D&S has enabled the Service.
- User: a sign-in account that D&S creates for a Customer, and the person using it.
- Order: a quote, confirmation email, or other written document in which the parties agree on the scope, term, number of computers, and fees.
3. License
Subject to timely payment and compliance with these terms, D&S grants the Customer a non-exclusive, non-transferable, non-sublicensable license during the license term to use the Service for the Customer’s own business, on up to the number of computers stated in the Order.
The Customer may not:
- resell, rent, or sublicense the Service, or let anyone outside the Customer use it;
- attempt to hack or reverse engineer the Service, or bypass license, computer-count, or other limits;
- interfere with the Service, attempt to access other customers’ data, or upload malicious files; or
- use the Service for any unlawful purpose.
4. Accounts
Accounts are created by D&S; there is no public sign-up. The Customer must:
- keep account credentials secure and not share them;
- notify D&S immediately of any unauthorized use or other security issue; and
- remain responsible for the actions of all of its Users.
5. Fees and payment
- Fees, payment method, and payment terms are as stated in the Order. Unless the Order says otherwise, fees are paid in advance.
- Fees exclude taxes; the Customer is responsible for any applicable taxes.
- Except as required by law or stated in the Order, fees paid are non-refundable.
- If payment is overdue, D&S may suspend the Service after notice until payment is made.
- Free trials: D&S may offer a free trial. Trials are provided as is, and D&S may end a trial at any time.
6. Customer responsibility for labels
The Service is a tool that assists with relabeling. The Customer is solely responsible for checking that imported relabeling lists are correct; that printed labels’ content, barcodes, size, and print quality are acceptable; and that labeled goods meet the requirements of Amazon and any other platform. The Customer must have the right to use the data and files it imports.
7. Data
- Business files stay on the Customer’s computers: relabeling lists, label files, and scan records are stored in the browser on the Customer’s computers and are not uploaded to D&S servers. The Customer is responsible for its own backups. D&S cannot recover data lost because browser data was cleared or a computer was replaced or damaged.
- Data on our servers: account, computer, and usage records held by D&S are handled under our Privacy Policy.
- After a license ends: if a license expires or is suspended, the Customer can still sign in to download a backup of its local data but cannot use the relabeling features.
8. Availability and changes
D&S will use reasonable efforts to keep the Service available but does not guarantee uninterrupted operation. Interruptions may occur because of maintenance, upgrades, or network or third-party provider failures. D&S may improve or change features and will give advance notice of changes that materially and adversely affect the Customer.
9. Intellectual property
D&S owns all rights in the Service, including its software, interface, and documentation. The Customer owns its business data. D&S may freely use suggestions and feedback to improve its products.
10. Third-party trademarks
Amazon, FBA, FNSKU, and other marks belong to their respective owners. D&S is not affiliated with Amazon, and the Service is not endorsed or sponsored by Amazon.
11. Disclaimer of warranties
To the fullest extent permitted by law, the Service is provided “as is” and “as available.” D&S makes no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be error-free or uninterrupted.
12. Limitation of liability
To the fullest extent permitted by law:
- D&S is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, loss of data, or rejections, fines, inventory losses, or account penalties imposed by Amazon or any other platform.
- D&S’s total liability arising out of or relating to the Service will not exceed the fees the Customer actually paid D&S for the Service in the 12 months before the event giving rise to the claim, or US $100 during a free trial.
13. Indemnification
The Customer will indemnify D&S against losses and reasonable costs (including attorneys’ fees) arising from third-party claims caused by the Customer’s breach of these terms, unlawful use of the Service, or data imported by the Customer that infringes the rights of others.
14. Term and termination
- The term is as stated in the Order. Unless the Order says otherwise, either party may terminate on 30 days’ written notice (email is sufficient).
- D&S may suspend or terminate the Service immediately if the Customer materially breaches these terms or fails to pay.
- On termination, the Customer must stop using the Service. Sections 7, 9, 11, 12, 13, 15, and 16 survive termination.
15. Confidentiality
Each party will keep confidential the other party’s non-public business information learned through the relationship and will not disclose it to third parties, except as required by law.
16. Governing law and disputes
These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The state courts located in Middlesex County, Massachusetts, and the United States District Court for the District of Massachusetts have exclusive jurisdiction over any dispute arising out of these terms.
17. General
- Entire agreement: these terms, the Order, and our Privacy Policy are the entire agreement between the parties about the Service. If an Order conflicts with these terms, the Order controls.
- Changes: D&S may change these terms and will give at least 15 days’ notice of material changes. Continued use after a change takes effect means acceptance.
- Assignment: the Customer may not assign its rights or obligations without D&S’s written consent. D&S may assign these terms in connection with a merger, acquisition, or sale of assets.
- Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
- Severability and waiver: if any provision is invalid, the rest remain in effect; failure to enforce a right is not a waiver.
- Notices: notices may be sent to the email addresses in the Order. Notices to D&S go to inquiry@dswarehouse.com.
- Language: these terms are provided in English and Chinese. If they conflict, the English version governs.