Business Terms of Sale

Effective date: 21 October 2026.

§1. Parties and Scope

1.1 Seller. These Business Terms of Sale (the "Terms") govern every purchase of products ("Products") through business.baerskintactical.com (the "B2B Store") from BRSK Commerce LLC, a Delaware limited liability company with registered address 1111B S Governors Ave STE 21301, Dover, DE 19904, USA, trading as BÆRSkin Tactical Supply Co. ("BÆRSkin Tactical", "we", "us", "our").

1.2 Buyer. "Buyer", "you" and "your" mean the business entity that holds the approved B2B Store account. "Authorized User" means a person the Buyer has named to order on its behalf. Each Authorized User represents that they have authority to bind the Buyer. Authorized Users are not personally liable for the Buyer's obligations under these Terms.

1.3 Business sales only. The B2B Store sells to verified business purchasers buying Products for their own use: staff kit, uniform programs, and corporate gifting. Products bought here may not be resold (§13). Nothing in these Terms excludes, restricts, or modifies any right, remedy, or obligation that applicable law does not permit the parties to exclude, restrict, or modify. Consumers should buy at baerskintactical.com. Resellers and retailers should contact us through the wholesale page; the B2B Store does not sell for resale.

1.4 Order of precedence. These Terms, the account approval terms we send you, any written quotation we issue, and our order acceptance together form the contract for each order. If they conflict, the order of precedence is: the written quotation, the account approval terms, these Terms, the order confirmation, then the incorporated policies. Terms on a Buyer's purchase order or other document do not apply, and our acceptance of a purchase order is not acceptance of those terms.

1.5 Incorporated policies. The B2B Privacy Policy, the Cookie Policy, and the Shipping and Claims Policy published on the B2B Store are incorporated into these Terms.

§2. Eligibility and Account Approval

2.1 Application. To buy, you must apply for an account and give us accurate business information: legal entity name, registered address, trading address, state of formation, EIN or equivalent, the nature of your business, the intended use of the Products (staff, uniforms, gifting), any sales tax exemption certificate, and the names and emails of your Authorized Users.

2.2 Approval. We approve accounts at our discretion and may decline or close an account without giving a reason. Approval creates no obligation on us to accept any order or to sell any minimum quantity. Decisions on credit terms are made and notified under the separate credit application.

2.3 Verification. We may verify the information you give us, request supporting documents, and run business credit checks on the Buyer. We request a personal credit report on a principal only under a separate credit application, with the written consent the law requires. You must tell us within 10 business days of any change to the information in 2.1.

2.4 Sales tax. Orders are taxed at the rate that applies to the ship-to address unless you have uploaded a valid, complete sales tax exemption certificate for that state before the order is placed. You are responsible for the accuracy and validity of every certificate you give us and for any tax, interest, or penalty we are charged because a certificate was invalid.

§3. Authorized Users and Account Security

3.1 Users. You are responsible for everyone who uses your account, including orders they place and information they give us. You may add or remove Authorized Users through the account settings or by writing to us.

3.2 Credentials. Keep credentials confidential. Tell us immediately if you believe an account or credential has been compromised. Until you do, orders placed through the account are your orders, except orders placed through access that resulted from a security failure on our side.

3.3 Account data. We process business contact data under the B2B Privacy Policy. You confirm that you have the right to give us the personal data of your Authorized Users.

§4. Prices and Minimums

4.1 Prices. Prices are shown in US dollars in the B2B Store for your account. They include freight to a US address and any import duty on the Products, and exclude sales tax, which is added at checkout unless §2.4 applies. The price for an order is the price shown at checkout when you submit the order, subject to §4.5 and §5.3.

4.2 Volume discounts. Volume discounts are applied automatically at checkout according to the discount ladder shown in the B2B Store at the time of ordering. Discount tiers are calculated on the undiscounted Product subtotal of the order before tax. We may treat orders submitted by the same account on the same calendar day as one order for tier purposes.

4.3 Price changes. We may change prices and the discount ladder at any time. Changes do not affect orders we have already accepted. Where you hold a written quotation, its prices stand for the validity period stated on it.

4.4 Minimums. There is no minimum order value. Some Products may carry a minimum quantity per style or color, shown on the product page.

4.5 Errors. If a price shown is obviously wrong, we may cancel the affected order before dispatch and refund any payment, or offer you the Product at the correct price.

§5. Taxes and Duties

5.1 Sales and use tax. You are responsible for sales, use, and similar taxes on your purchases unless you have given us a valid exemption certificate under §2.4. If a taxing authority later rejects a certificate, you will pay us the tax due, plus interest and penalties, within 10 days of our invoice.

5.2 Import duties. Because import duty is included in the price, we act as importer of record for Products shipped to you from outside the United States and we pay the duties. You are not the importer of record and must not file customs entries for our shipments.

5.3 Tariff changes. If a tariff, duty, or trade measure changes after we accept an order and increases our landed cost of that order by more than 5%, we may tell you and either adjust the price by the documented increase or cancel the unshipped part of the order with a refund. You may cancel the unshipped part instead of accepting the adjustment. The baseline is our landed cost at acceptance. We give you 10 business days to accept the adjustment or cancel the unshipped part, and we do not charge the higher amount until you accept.

§6. Payment

6.1 Methods. Unless we have approved credit terms for your account, payment is due in full at checkout by card or by another method shown in the B2B Store. We may require a deposit or prepayment for custom, pre-order, or unusually large orders.

6.2 Credit terms. Where we approve credit terms in writing, invoices are payable within 30 days of the invoice date ("Net 30"). We may set, reduce, or withdraw a credit limit at any time, require security, or require prepayment of further orders while any invoice is unpaid.

6.3 Late payment. Overdue amounts bear interest at 1.5% per month, or the highest rate the law allows if lower, from the due date until paid. You will also pay our reasonable costs of collection, including attorney's fees. We may hold or cancel orders while any amount is overdue.

6.4 Disputed invoices. Tell us in writing within 10 days of the invoice date if you dispute an invoice, giving the reason and the amount disputed. Pay the undisputed part on time. We will investigate and respond within 10 business days.

6.5 No set-off. You may withhold only the disputed amount of an invoice you have disputed in writing under §6.4, and only until we respond. You may not set off any other amount against our invoices unless we have agreed to a credit in writing.

6.6 Chargebacks. We ask you to contact business support before disputing a card charge with your issuer, so we can resolve the matter quickly. A dispute you know to be false, for example claiming non-receipt of Products delivered to your ship-to address or claiming a charge was unauthorized when an Authorized User placed the order, is a breach of these Terms. In that case we may recover any amount that remains due under these Terms, together with dispute fees to the extent the card network rules and the law allow. Nothing in this section limits your rights under your card agreement or the card network rules.

§7. Orders and Acceptance

7.1 Offer. An order submitted through the B2B Store is an offer to buy. The automatic order confirmation email acknowledges receipt of your order and the amount charged; it is not acceptance.

7.2 Acceptance. We accept an order, or part of it, when we send a dispatch notification or an order-accepted email for it, whichever is first. We may accept part of an order and decline the rest; we refund any declined part under §7.3.

7.3 Declining orders. We may decline any order, including where stock is unavailable, a credit limit would be exceeded, the order is inconsistent with the permitted use under §13, or we have concerns about fraud or compliance. If we decline an order after payment, we refund the payment within seven business days.

7.4 Allocation. When demand exceeds stock, we allocate Products among buyers at our discretion. We may limit quantities per Product, per order, or per account.

7.5 Terms version. The version of these Terms shown and accepted at checkout when you submit an order governs that order. We record that version on the order and in the order confirmation.

§8. Cancellation, Changes and Backorders

8.1 Cancellation by you. Once we accept an order it cannot be cancelled or changed, except with our written agreement or where §8.2, §8.3 or §9.8 gives you a cancellation right. We may make our agreement conditional on a restocking fee of 15% of the Product value of the cancelled lines. Custom, personalized, and specially ordered Products cannot be cancelled once accepted.

8.2 Backorders. If a line item is out of stock when we accept your order, we tell you the expected dispatch date. We ship available items first unless you ask us to hold the order. You may cancel a backordered line at any time before we dispatch it, without charge.

8.3 Pre-orders. Pre-order Products show an expected dispatch date on the product page. That date is the shipment date for §9.8.

8.4 Cancellation by us. We may cancel an accepted order, in whole or in part, where a Product is discontinued, where supply fails for reasons beyond our reasonable control, or where §7.3 applies. We refund any payment for the cancelled part within seven business days and have no further liability for the cancellation.

§9. Shipping, Delivery, Title and Risk

9.1 Delivery. We ship to business addresses in the 50 United States and the District of Columbia. We do not ship to PO boxes, freight forwarders, or addresses outside the United States unless we agree in writing. Delivery is to the ship-to address on the order. The price includes freight to that address and any import duty on the Products; we choose the carrier and act as importer of record for Products shipped from outside the United States.

9.2 Timing. Dispatch and delivery dates are estimates and we use reasonable efforts to meet them. Shipment delays are handled under §9.8. Transit time after dispatch is in the carrier's hands; a late arrival after timely dispatch is not a ground for cancellation, except that a consignment not delivered within 30 days after dispatch may be treated as lost and claimed under §10.2.

9.3 Partial shipments. We may ship an order in several consignments and invoice each separately. A shortfall or defect in one consignment entitles you to reject that consignment only, unless it substantially impairs the value of the whole order.

9.4 Risk. Risk of loss or damage passes to you when the carrier delivers the Products to the ship-to address.

9.5 Title. Title to the Products passes to you on delivery. Credit accounts are governed by the separate credit agreement, which may grant us a security interest in the Products and their proceeds.

9.6 Receiving. Check each consignment on arrival. Note any visible damage or shortage on the carrier's proof of delivery before signing, because unnoted damage or shortage is hard to recover from the carrier.

9.7 Failed delivery. If a consignment cannot be delivered because the address is wrong, nobody is present to receive it, or it is refused, we may charge you for redelivery and for return freight, and we may hold the Products at your cost until you pay.

9.8 Shipment delays. If we cannot ship an order, or part of it, by the dispatch date shown at checkout (or within 30 days after we receive your properly completed order where no date was shown), we will tell you before that date passes, give you a revised date, and offer you the choice of waiting or cancelling the affected part for a refund. If you do not reply to a first delay notice and the revised date is within 30 days of the original date, we treat your silence as consent to the delay; for a longer delay, or a second delay, we cancel the affected part and refund you unless you expressly agree to wait. Refunds under this section are made to the original payment method within seven business days after the cancellation.

§10. Inspection and Claims

10.1 Inspection. Inspect the Products within 10 business days after delivery.

10.2 Shortages, wrong items, transit damage. Report a shortage, a wrong item, or damage in transit within 10 business days after delivery through the B2B Store claims form, with the order number, the packing slip, photographs of the cartons and the Products, and the carrier's proof of delivery with any notes. We will replace the missing or damaged Products, or credit your account, within 10 business days after we accept the claim. Claims made after the 10-business-day window are accepted only at our discretion. Where a carrier receipt or photograph is not available, give us the best evidence you have and we will assess the claim on it.

10.3 Acceptance. Products you have not reported under 10.2 within the window are accepted, except for defects covered by §12 that could not reasonably have been found on inspection.

10.4 Our errors. Where we shipped the wrong Product or quantity, we pay return freight and send the correct Products or issue a credit, at your choice.

§11. Returns and Defective Products

11.1 No returns for convenience. Products are sold for your own use and are not returnable because of overstock, change of plan, or ordering error, unless we agree in writing. Any return we agree to for convenience is subject to a restocking fee of 20% of the Product value, return freight at your cost, and the Products arriving unused, in their original packaging, and in saleable condition.

11.2 Defective Products. Defects in materials or workmanship are covered by the Limited Warranty in §12. Make the claim through the claims form as §12.2 describes.

11.3 Gift recipients and staff. The Limited Warranty in §12 is given to you as purchaser. Where you give Products to staff or as gifts, the recipient claims through you, and we deal with you. Our retail returns policy does not apply to Products sold through the B2B Store.

11.4 Modified Products. The Limited Warranty does not cover a defect caused by labeling, embroidery, or other modification made by you or your supplier; it continues to cover defects unrelated to the modification (§12.3).

11.5 Credits. Credits are applied to your account and used against future orders. A credit that is unused after 6 months is paid to you on request, and any unused credit is paid to you when your account closes, net of amounts you owe us.

§12. Limited Warranty

12.1 Warranty. BRSK Commerce LLC, 1111B S Governors Ave STE 21301, Dover, DE 19904, USA, warrants to the Buyer, as original purchaser, that each Product conforms to its description and specifications in the B2B Store at delivery and is free from defects in materials and workmanship for 6 months after delivery. Transit damage, shortages, and wrong items are claimed under §10.2.

12.2 How to claim and what we do. Tell us through the claims form within the warranty period and within 30 days after you discover the defect, with the order number, the style, the quantity affected, and photographs or video of the defect. We will, at our choice, replace the defective Products or refund their price; with your agreement we may credit your account instead. We pay return freight for Products we ask you to send back. If we have not replaced, refunded, or credited within 20 business days after we accept the claim, you may require a refund of the price of the defective Products. This is your sole remedy for a breach of this warranty, subject to §12.5.

12.3 Exclusions. This warranty does not cover damage from accident, misuse, improper care, alteration, or ordinary wear, or a defect caused by labeling, embroidery, or other modification made by you or your supplier; it continues to cover defects unrelated to the modification.

12.4 Implied warranties and product information. ANY IMPLIED WARRANTY, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED IN DURATION TO THE 6-MONTH PERIOD OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Images, colors, measurements, and specifications in the B2B Store may vary within normal manufacturing tolerances; minor variations are not defects. No statement by our employees or representatives creates a further warranty unless it is in a writing signed by an officer of BRSK Commerce LLC.

12.5 Your rights. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Nothing in these Terms excludes, restricts, or modifies any right or remedy that applicable law does not permit us to exclude, restrict, or modify.

§13. Use of Products

13.1 Own use only. Products bought through the B2B Store are for your own business use: your staff, your uniform programs, and gifts you give. You may not resell Products, offer them for sale, or supply them to a reseller, whether through your own channels, third-party marketplaces, auction or liquidation sites, or otherwise. If you want to resell our Products, contact us through the wholesale page; resale is permitted only under a separate written agreement.

13.2 Export. You may not ship Products outside the United States without our written approval (see also §17.2).

13.3 Brand integrity. You must not remove or alter our labels or care instructions, present Products as made by anyone else, or use them in a way that suggests we endorse your business, your products, or a third party, except as §15 allows.

13.4 Gifts and staff. Where you give Products to staff or as gifts, you are responsible for what you tell recipients about them. The Limited Warranty in §12 is given to you, and recipients claim through you (§11.3).

13.5 Product recalls and safety. Tell us promptly if you learn of a safety issue with a Product. If we notify you of a recall, safety issue, or withdrawal, you must stop using and distributing the affected Products at once, follow our reasonable instructions, and keep records of the recipients where you have them. Nothing in these Terms limits any reporting duty either party has to the Consumer Product Safety Commission or another regulator, and the claims windows in §10 and §12 do not apply to safety reports. We bear the reasonable cost of a recall we initiate.

13.6 Breach. If you resell Products or ship them outside the United States without approval, we may cancel open orders, close your account, and refuse further orders, in addition to any other remedy.

§14. Reserved

This section is intentionally left blank.

§15. Trademarks and Content

15.1 Permitted use. You may refer to the Products by their names and use the product images and copy we make available in the B2B Store for internal purposes, such as uniform guides, staff communications, and gift presentations. Any other use of the BÆRSkin Tactical name, logos, or content, including in your advertising, needs our written consent.

15.2 Restrictions. You may not alter our images or copy, combine our marks with your own or others' marks, register any domain, social media handle, trademark, or business name containing our marks or confusingly similar terms, or bid on our marks as search keywords.

15.3 Ownership. We or our affiliates and licensors own all rights in the Products' designs, the marks, and our images and copy. Any goodwill from your use of the marks accrues to us. You will not challenge our rights or help anyone else do so.

15.4 Your content. If you give us photographs, reviews, or other content featuring our Products for marketing use, you grant us a non-exclusive, royalty-free license to use it in our marketing, and you confirm you have the rights to grant it.

§16. Confidentiality

16.1 Confidential information. Wholesale prices, discount ladders, credit terms, unreleased product information, sales data we share with you, and any information we mark confidential are our confidential information. You must keep it confidential, use it only to buy Products, and disclose it only to employees and advisers who need it and are bound to keep it confidential.

16.2 Exceptions. 16.1 does not apply to information that is public through no fault of yours, that you already held lawfully, or that you must disclose by law, provided you tell us first where the law allows.

16.3 Duration. This section survives for three years after your account closes.

§17. Compliance

17.1 Laws. Each party will comply with the laws that apply to it, including consumer protection, product labeling, advertising, privacy, tax, anti-bribery, and export control laws.

17.2 Sanctions and export. You confirm that you, your owners, and your directors are not on any US government restricted-party list, and that you will not sell, export, or re-export Products to any country, person, or use prohibited by US law.

17.3 Personal data. You are the controller of your staff's and gift recipients' personal data. You give us personal data of individuals only as needed to deliver an order, handle a claim under §10 or §12, or act on a recall under §13.5.

17.4 Confirmation of use. On request, and no more than once a year, you will confirm in writing that Products bought through the B2B Store have been used in line with §13.

§18. Limitation of Liability

18.1 Exclusion of indirect loss. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO AN ORDER, UNDER ANY THEORY, IS LIMITED TO THE PRICE PAID OR PAYABLE TO US FOR THE PRODUCTS IN THAT ORDER.

18.3 Exceptions. 18.1 and 18.2 do not apply to your payment obligations, to either party's breach of §15 or §16, to either party's indemnity obligations under §19, to liability for death or personal injury caused by the Products or by a party's negligence, to fraud, or to any liability that cannot be limited by law.

18.4 Time limit. Any claim arising from the sale of Products must be brought within one year after it accrues. This does not apply to the claims listed in §18.3, and the period stops running while the parties follow §21.2.

§19. Indemnity

19.1 By you. You will defend, indemnify, and hold harmless BRSK Commerce LLC and its affiliates, officers, employees, and agents from and against any third-party claim, and the resulting losses, costs, and reasonable attorney's fees, to the extent caused by: your use of the Products or your supply of them to staff or gift recipients, including anything you told them about the Products; your breach of §13, §15, §16, or §17; your use of our marks, images, or copy outside §15; or your negligence or willful misconduct.

19.2 By us. We will defend, indemnify, and hold you harmless from any third-party claim, and the resulting losses, costs, and reasonable attorney's fees, to the extent that a Product, as delivered by us and used in line with these Terms, infringes a US trademark or copyright, or caused personal injury or property damage because of a defect in its design or manufacture. This does not apply to the extent a claim is caused by your modification of the Products, your labeling or communications about them, or your breach of these Terms.

19.3 Procedure. The indemnified party must tell the indemnifying party of a claim promptly, let it control the defense and settlement, and cooperate at the indemnifying party's cost. No settlement that admits fault on behalf of the indemnified party, imposes obligations on it, requires it to pay, or fails to release it may be made without its consent.

§20. Term and Termination

20.1 Term. These Terms apply from account approval until your account closes.

20.2 Termination for convenience. Either party may close the account on 30 days' written notice. Closure stops new orders. Orders accepted before closure are fulfilled and paid under these Terms unless cancelled under §8.2, §8.3, or §9.8.

20.3 Termination for cause. We may close your account and cancel open orders immediately by written notice if you fail to pay an invoice within 10 days after a reminder, breach §13, §15, §16, or §17, to the extent the law allows become insolvent or the subject of bankruptcy proceedings, or give us materially false information.

20.4 Effect. On closure you must pay all outstanding invoices at once and stop using our marks, images, and copy, except as §15.1 allows for Products you keep. Products you have paid for remain yours. Unused credit is paid to you under §11.5. §11, §12, §15.3, §16, §18, §19, §21 and §23 survive closure.

§21. Governing Law and Disputes

21.1 Law. These Terms and every order are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Negotiation. Before starting any proceeding, a party must give the other written notice of the dispute, and senior representatives of both parties will meet, in person or by video, within 20 business days to try to resolve it.

21.3 Forum. Any dispute not resolved under 21.2 will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party submits to their jurisdiction and waives any objection to venue. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

21.4 Jury waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

21.5 Costs. The prevailing party in any proceeding to enforce these Terms may recover its reasonable attorney's fees and costs.

§22. Notices

22.1 To us. Legal notices to us must be sent by email to legal@baerskintactical.com and by courier or registered mail to BRSK Commerce LLC, 1111B S Governors Ave STE 21301, Dover, DE 19904, USA. Order and account communications go through the B2B Store or to wholesale@baerskintactical.com.

22.2 To you. We send notices to the email addresses on your account. A notice is received when sent by email on a business day before 5 pm Eastern Time, otherwise on the next business day. If an email bounces, we send the notice to another contact on your account or by courier, and it is received on delivery.

§23. General

23.1 Entire agreement. These Terms, the documents listed in §1.4 and §1.5, and each order confirmation are the entire agreement between the parties about the Products and replace all earlier discussions and documents.

23.2 Changes to these Terms. We may update these Terms by posting a new version in the B2B Store with a new version number and effective date and emailing your account contacts at least 15 days before it takes effect. The new version applies to orders submitted after the effective date. Orders submitted earlier stay under the version recorded on them.

23.3 Assignment. You may not assign or transfer these Terms or an order without our written consent. We may assign to an affiliate or to a buyer of our business on notice to you.

23.4 Force majeure. Neither party is liable for delay or failure to perform, other than payment, caused by events beyond its reasonable control, including natural disasters, epidemics, war, government action, strikes outside its business, carrier failures, and supplier failures. The affected party must notify the other promptly and use reasonable efforts to resume. If the event lasts more than 60 days, either party may cancel the affected orders. This section does not postpone the notice, cancellation, and refund rights in §9.8. Where an excused event causes a material delay or means we must allocate limited stock among buyers, we will tell you and you may accept the revised date or quantity or cancel the affected part for a refund.

23.5 Relationship. The parties are independent contractors. Nothing in these Terms creates an agency, franchise, partnership, or joint venture, and you have no authority to bind us.

23.6 Severability, waiver. If a provision is unenforceable, it is modified to the minimum extent needed and the rest stays in force. A failure to enforce a provision is not a waiver of it.

23.7 Electronic contracting. You agree to contract electronically. Clicking to accept these Terms, placing an order, or paying an invoice is your signature and acceptance.

23.8 Headings and language. Headings are for convenience only. These Terms are written in English, and the English version controls.

§24. Contact

BRSK Commerce LLC, trading as BÆRSkin Tactical Supply Co. 1111B S Governors Ave STE 21301, Dover, DE 19904, USA Business support: wholesale@baerskintactical.com, +1 769 223 7756, Monday to Friday 9 am to 5 pm Eastern Time Legal notices: legal@baerskintactical.com