Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Cup Source website located at www.cupsource.com (the "Site"), or by purchasing products or services from Cup Source ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not use our Site or purchase any products or services. These Terms apply to all users of the Site, including without limitation browsers, purchasers, wholesalers, and registered accounts.

2. Definitions

2.1 "Products"

Refers to all cups, bowls, drinkware, lids, sleeves, straws, utensils, and related beverage packaging items sold or made available through the Site, whether disposable, reusable, eco-friendly, or custom-branded.

2.2 "Customer" or "You"

Refers to any individual or business entity that accesses the Site, creates an account, places an order, or otherwise uses the services provided by Cup Source.

2.3 "Custom Order"

Refers to any Product that is manufactured, printed, or configured to the Customer's specific branding, sizing, or design requirements as requested through the Site or via direct communication with Cup Source.

3. Products & Pricing

3.1 Product Descriptions

All Product descriptions, specifications, sizes, materials, and colors displayed on the Site are provided in good faith. While we strive for accuracy, minor variations in color, dimensions, or material composition may occur due to manufacturing processes. Cup Source reserves the right to modify or discontinue any Product at any time without prior notice.

3.2 Pricing

All prices displayed on the Site are in USD (United States Dollars) unless otherwise stated. Prices are subject to change without notice. The price of a Product at the time of your order is the price that will be charged, provided the order is confirmed by Cup Source.

• Wholesale pricing is available for qualifying bulk orders and is subject to minimum quantity requirements.
• Custom branding fees (including setup, printing, and design charges) are quoted separately and added to the total order cost.
• Tax: Applicable sales tax, VAT, or other governmental charges will be calculated and added at checkout where required by law.

3.3 Product Availability

Products are available while supplies last. Cup Source does not guarantee the availability of any specific Product in any specific quantity or at any specific time. Orders may be partially fulfilled or cancelled due to product unavailability, in which case the Customer will be refunded for any undelivered items.

4. Orders & Acceptance

4.1 Order Placement

Placing an order through the Site constitutes an offer to purchase Products at the listed price. Cup Source reserves the right to accept or reject any order at its sole discretion, including the right to limit quantities per customer, per household, or per business entity.

4.2 Order Confirmation

An order is not confirmed until you receive an order confirmation email from Cup Source. The confirmation email serves as our acceptance of your offer and forms a binding contract between you and Cup Source for the Products listed therein.

4.3 Order Corrections

If an order is processed at an incorrect price due to a technical error or human error, Cup Source reserves the right to cancel or adjust the order before shipment. The Customer will be notified of the correction and may choose to accept the corrected price or cancel the order without penalty.

5. Shipping & Delivery

5.1 Shipping Methods

Cup Source offers shipping through established third-party carriers. Shipping methods, transit times, and costs are calculated at checkout and are subject to change. Express and expedited shipping options are available for qualifying orders.

5.2 Estimated Delivery Times

Estimated delivery times are provided for informational purposes only and are not guaranteed unless explicitly stated. Delays may occur due to carrier issues, customs processing, weather, holidays, or other factors beyond Cup Source's control.

5.3 Risk of Loss

Title and risk of loss for Products pass to the Customer upon delivery to the shipping carrier. Cup Source is not responsible for Products lost, damaged, or delayed in transit after shipment, though we will assist in filing carrier claims where applicable.

5.4 International Orders

International customers are responsible for all applicable import duties, taxes, customs fees, and any other charges imposed by their country. Cup Source is not liable for delays or seizures by customs authorities.

6. Returns & Refunds

6.1 Standard Returns Policy

Due to the nature of food-grade packaging products, Cup Source has the following return policy:

• Defective Products: Customers may report defective or damaged Products within 14 days of receipt. Upon verification, Cup Source will replace the defective Products or issue a refund at its discretion.
• Incorrect Shipments: If you receive the wrong Product, report the issue within 7 days of delivery. We will arrange for the correct items to be shipped at no cost to you.
• Change of Mind: Unused, unopened, and undamaged Products may be returned within 30 days of delivery for a full refund, provided they are in their original packaging. A restocking fee of up to 15% may apply.
• Sale Items: All sale items are final sale and cannot be returned or refunded unless defective.

6.2 Refund Processing

Approved refunds will be processed within 5–10 business days to the original payment method. Shipping charges are non-refundable unless the return is due to Cup Source's error.

6.3 Return Authorization

All returns require a RMA (Return Merchandise Authorization) number obtained by contacting support@cupsource.com prior to shipping items back. Returns shipped without an RMA will not be accepted.

7. Custom Orders

7.1 Custom Order Terms

Custom-branded or custom-manufactured Products are subject to the following terms:

• Non-Refundable: Custom orders are non-refundable once production has commenced, unless the Products are defective.
• Design Approval: Customers must approve final design proofs before production. Cup Source is not liable for errors arising from unapproved or unreviewed designs.
• Minimum Order Quantities: Custom orders require a minimum quantity, which will be specified in the custom order quote.
• Production Time: Standard production time for custom orders is 10–15 business days after design approval, plus shipping time.
• File Requirements: Customers are responsible for providing print-ready files in the correct format. Cup Source's design team may charge additional fees for file correction or redesign services.

8. Intellectual Property

8.1 Site Content

All content on the Site, including but not limited to text, graphics, logos, images, product descriptions, and design elements, is the property of Cup Source or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without prior written consent.

8.2 Customer-Provided Content

By submitting logos, artwork, or design files to Cup Source for custom order production, you grant Cup Source a non-exclusive, royalty-free license to use such content solely for the purpose of fulfilling your order. Cup Source will not use, reproduce, or distribute your content for any other purpose.

8.3 Trademark Infringement

Customers are responsible for ensuring that any branding, logos, or designs submitted for custom printing do not infringe upon the intellectual property rights of any third party. Cup Source reserves the right to refuse any custom order containing potentially infringing content.

9. Account Responsibility

9.1 Account Creation

To place orders or access wholesale pricing, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

9.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Cup Source immediately of any unauthorized use of your account at support@cupsource.com.

9.3 Wholesale Accounts

Wholesale accounts are subject to verification and may require a valid business license, resale certificate, or tax exemption documentation. Cup Source reserves the right to deny or revoke wholesale pricing at its discretion.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Cup Source, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Business interruption
• Any other monetary loss not directly caused by Cup Source's negligence

Cup Source's total aggregate liability for any claim arising from the use of the Site, purchase of Products, or these Terms shall not exceed the total amount paid by you for the specific Products giving rise to the claim in the twelve (12) months preceding the claim.

This limitation of liability applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

11. Warranty Disclaimer

The Site and all Products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise. Cup Source disclaims all warranties, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Site will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or completeness of Product descriptions
• Warranties arising from course of dealing, usage of trade, or course of performance

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cup Source and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Site or Products
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Your submission of custom designs, logos, or content that infringes on third-party rights

13. Privacy Policy

Your privacy is important to Cup Source. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

Key points of our Privacy Policy include:

• We collect personal information (name, email, address, payment details) necessary for order processing.
• We may use your information to improve the Site, process orders, and send promotional communications (with your consent where required).
• We employ industry-standard security measures to protect your data.
• We do not sell or rent your personal information to third parties.

14. Termination

Cup Source may, at its sole discretion, terminate or suspend your access to the Site or your account at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Site and Products ceases immediately.
• Any outstanding balances become immediately due and payable.
• Provisions that by their nature should survive termination shall remain in effect, including without limitation ownership provisions, warranty disclaimers, and limitation of liability.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Dispute Resolution

Any dispute arising from these Terms or the use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Los Angeles, California. The arbitrator's award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.

Class Action Waiver: Disputes shall be resolved on an individual basis only. You agree not to participate in any class-action lawsuit or class-wide arbitration against Cup Source.

15.3 Venue

If arbitration is not applicable or enforceable, any legal proceedings shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you consent to personal jurisdiction therein.

16. Changes to Terms

Cup Source reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When we make material changes, we will provide notice by:

• Posting the updated Terms on the Site with a revised "Last Updated" date
• Sending an email notification to registered account holders
• Displaying a prominent notice on the Site for at least 30 days before the changes take effect

The "Last Updated" date at the bottom of these Terms indicates the most recent revision. Your continued use of the Site after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us using the information below:

• Company Name: Cup Source, Inc.
• Address: 1234 Packaging Blvd, Suite 100, Los Angeles, CA 90012, United States
• Email: support@cupsource.com
• Phone: +1 (800) 555-CUPS (2877)
• Business Hours: Monday – Friday, 8:00 AM – 6:00 PM PST

Effective Date: January 1, 2025

Last Updated: January 1, 2025

By using Cup Source's website or purchasing our products, you acknowledge that you have read and agree to these Terms of Service in their entirety.