Terms of service
Terms of Service
Effective Date: February 1, 2026
Company Name: American Culture Brands
These Terms of Service (“Terms”) govern all purchases, orders, services, and transactions between American Culture Brands (“Company,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”). By placing an order, submitting payment, approving production, or engaging our services, you agree to be bound by these Terms.
1. Nature of Services
The Company provides private label manufacturing, custom formulation, packaging, labeling, and contract manufacturing services. All products are custom-produced according to Client-approved specifications. The Company does not sell mass-produced retail goods.
2. Orders & Approval
All orders require written approval of specifications, which may include but are not limited to formula, fragrance, color, packaging, artwork, labeling, quantity, and pricing. Written approval via email, signed documentation, invoice payment, or deposit payment constitutes final authorization to proceed.
Once approval is given and/or payment is received, the order becomes binding and may not be cancelled except as expressly stated herein.
3. Payment Terms
Payment terms will be outlined on the invoice or proposal. Production will not begin until required deposits or full payment are received.
Failure to remit payment when due may result in delayed production, storage fees, or cancellation of the order. The Company reserves the right to suspend services for unpaid balances.
4. No Returns / No Refunds
All products are custom-manufactured specifically for each Client. All sales are final. The Company does not accept returns, exchanges, cancellations, or refunds under any circumstances once production has commenced.
Because products are made to order and cannot be restocked or resold, dissatisfaction with formula, packaging, color, fragrance, texture, or other approved specifications does not constitute grounds for refund.
By placing an order, Client acknowledges and agrees that no refunds or returns will be permitted.
5. Production & Lead Times
Production timelines are estimates only and are not guaranteed. Timelines may vary due to raw material availability, packaging supply, equipment scheduling, regulatory review, or unforeseen manufacturing delays.
The Company shall not be liable for delays outside of its reasonable control.
6. Shipping & Risk of Loss
Risk of loss transfers to Client upon delivery of goods to the carrier. The Company is not responsible for shipping delays, loss, theft, or damage occurring after shipment leaves our facility.
Clients are responsible for verifying shipping information prior to dispatch.
7. Manufacturing Variability
Client acknowledges that cosmetic and personal care products may exhibit normal batch-to-batch variation in color, viscosity, fragrance intensity, or appearance due to raw material sourcing and manufacturing conditions. Such variations do not constitute defects.
8. Intellectual Property
Client represents and warrants that any artwork, trademarks, branding, or labeling provided to the Company does not infringe upon the intellectual property rights of any third party.
Client assumes full responsibility for regulatory compliance, marketing claims, labeling accuracy, and trademark clearance unless otherwise agreed in writing.
9. Limitation of Liability
To the maximum extent permitted by law, the Company’s liability shall be limited to the amount paid by Client for the specific order giving rise to the claim.
The Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost business opportunities, or reputational harm.
10. Indemnification
Client agrees to indemnify and hold harmless the Company from any claims, damages, liabilities, or expenses arising from Client’s branding, labeling, marketing claims, resale, distribution, or use of the products.
11. Force Majeure
The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to supply chain disruptions, natural disasters, labor shortages, equipment failure, governmental actions, or acts of God.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Tennesseee, without regard to conflict of law principles.
13. Dispute Resolution
Any dispute arising under these Terms shall first be addressed through good faith negotiation between the parties. If resolution cannot be reached, disputes shall be submitted to binding arbitration in the State of [Insert State], unless otherwise required by law.
14. Entire Agreement
These Terms constitute the entire agreement between the parties regarding services provided and supersede all prior communications or agreements.
15. Acceptance
By placing an order, submitting payment, or approving production, Client acknowledges that they have read, understood, and agreed to these Terms of Service in full.
ACB BYOB
📧 customerservice@americanculturehair.com
📍 5755 Crossville Highway Sparta, TN 28583
📞 631-242-3143