Terms of Service
Last updated: January 2026
Please read these terms carefully before using our services or placing an order with CHOICEODM.
Acceptance of Terms
By accessing or using the CHOICEODM website (the "Site") and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
These Terms apply to all visitors, users, clients, and others who access or use the service, including but not limited to manufacturers, distributors, brand owners, and individuals seeking OEM/ODM cosmetics manufacturing services.
Website Usage Terms
You agree to use this Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site.
Prohibited activities include but are not limited to:
- Attempting to gain unauthorized access to our systems or networks
- Interfering with or disrupting the Site or servers
- Transmitting viruses, malware, or other harmful code
- Using automated systems (e.g., bots, scrapers) without prior written consent
- Misrepresenting your identity or affiliation with any person or entity
- Copying, reproducing, or redistributing Site content without authorization
Intellectual Property Rights
All content on this Site, including but not limited to text, graphics, logos, images, formulas, technical documentation, and software, is the property of CHOICEODM or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
Client Formulations & Custom Work:
Custom formulations, designs, and specifications developed specifically for a client under a signed ODM agreement shall be subject to the terms outlined in the respective manufacturing contract. Intellectual property rights for such custom work will be defined on a case-by-case basis.
Unless otherwise stated in writing, CHOICEODM retains all rights to proprietary formulations, manufacturing processes, and technical methodologies used in production.
Services & Orders
CHOICEODM provides OEM (Original Equipment Manufacturing) and ODM (Original Design Manufacturing) services for cosmetics and skincare products. All service engagements are subject to:
- Minimum Order Quantity (MOQ): 6,000 units per SKU, unless otherwise agreed in writing
- Lead Time: Production timelines vary based on product complexity, order volume, and current production schedule. Standard lead time is communicated during quotation.
- Quotations: All quotations are valid for 30 days unless otherwise stated. Prices may be subject to change based on raw material costs and order specifications.
- Samples: Sample production and approval are required before mass production. Sample fees may apply and will be specified in quotation.
- Order Confirmation: Orders are confirmed only upon receipt of signed contract and initial deposit payment.
CHOICEODM reserves the right to refuse service to any client at its sole discretion, particularly if regulatory compliance, safety concerns, or legal issues arise.
Payment Terms
Standard Payment Schedule:
- 40% deposit upon order confirmation
- 60% balance before shipment or as agreed in contract
Payment methods include bank transfer (T/T), letter of credit (L/C), or other methods as mutually agreed. All bank fees are borne by the client unless otherwise specified.
Late Payment:
Failure to make payment by the due date may result in order delays, suspension of services, or cancellation. CHOICEODM reserves the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law.
Refunds & Cancellations:
Deposits are non-refundable once production has commenced. Cancellation policies will be outlined in the manufacturing contract. Clients may be liable for costs incurred up to the point of cancellation.
Limitation of Liability
To the fullest extent permitted by applicable law, CHOICEODM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to:
- Use or inability to use the Site or services
- Delays or errors in production or delivery caused by third parties, force majeure, or circumstances beyond our control
- Client's failure to comply with regulatory requirements in their target markets
- Misuse or misrepresentation of products by the client or end users
CHOICEODM's total liability for any claim arising from the services provided shall not exceed the total amount paid by the client for the specific order in question.
Client Responsibilities:
Clients are responsible for ensuring that finished products comply with all applicable regulations in their target markets, including but not limited to labeling, ingredient disclosure, and safety standards. CHOICEODM provides support documentation (e.g., MSDS, certificates) but cannot guarantee market approval.
Warranties & Disclaimers
CHOICEODM warrants that products manufactured will conform to approved specifications and quality standards outlined in the manufacturing contract. Quality assurance includes:
- Raw material testing and inspection
- In-process quality monitoring
- Final product testing (microbiological, stability, sensory as applicable)
- Full traceability from raw materials to finished goods
Disclaimer:
Except as expressly stated in the manufacturing contract, all services and products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
CHOICEODM does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
External Links & Third-Party Content
This Site may contain links to third-party websites or services that are not owned or controlled by CHOICEODM. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that CHOICEODM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions.
Any disputes arising out of or related to these Terms or the use of our services shall be resolved through:
- Negotiation: The parties agree to first attempt to resolve disputes through good-faith negotiation.
- Arbitration: If negotiation fails, disputes shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) in Guangzhou for arbitration in accordance with its rules.
- Jurisdiction: If arbitration is not applicable, the courts of Guangzhou, China shall have exclusive jurisdiction.
Individual manufacturing contracts may specify alternative dispute resolution mechanisms, which shall take precedence over these general terms.
Changes to Terms
CHOICEODM reserves the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date.
Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
If you do not agree to the modified Terms, you must discontinue use of the Site and services immediately.
Contact Us
If you have any questions about these Terms of Service, please contact us:
CHOICEODM
Guangzhou, Guangdong Province
People's Republic of China
Email: choice@odmmake.com
Tel/Whatsapp +8618898697870
Business Hours: Mon-Fri, 9:00-18:00 (GMT+8)
For contract negotiations, quotations, or technical inquiries, please use our Contact Form or reach out to your designated account manager.
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