Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the website https://toothpastefactory.com (the “Site”) and any services, inquiries, quotes, orders, or transactions facilitated through it. Guangzhou Toothpaste Factory (“we,” “us,” or “our”) is a professional OEM and private label manufacturer of oral care products, including toothpaste, based in Guangzhou, China. We specialize in custom formulations, low MOQ production, and export-compliant manufacturing for global brands.

By accessing or using our Site, requesting a quote, placing an order, or engaging in any business with us, you agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.

1. About Us and Our Expertise

Founded in 2005, we operate a modern 25,000 m² GMP-certified facility in Guangzhou with in-house R&D, microbiology labs, and automated production lines capable of up to 8 million tubes per month. We hold relevant certifications (ISO 22716 GMP, and others supporting FDA, EU, and international compliance) and have exported to over 30 countries.

Our team has decades of experience in custom toothpaste formulation (whitening, herbal, children’s, sensitivity, etc.), quality control, and regulatory support for major markets. We provide Certificates of Analysis (COA) and assist with export documentation. All content on this Site is provided for informational purposes to support informed commercial decisions.

2. Eligibility and User Accounts

You must be a business entity or authorized representative acting in a commercial or professional capacity (B2B). By using the Site, you represent that you have the legal authority to bind your organization.

Certain features may require account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3. Services and Quotations

  • Inquiries and Quotes: All quotes are valid for the period specified (typically 30 days unless stated otherwise) and subject to final confirmation. Pricing depends on formulation, volume, packaging, and specifications. We aim for competitive, transparent pricing based on reasonable margins for long-term partnerships.
  • Custom Formulations: We develop and test custom recipes. Samples may be provided (fees may apply; terms discussed per project).
  • Orders: Binding orders require a signed purchase order or written agreement. We reserve the right to accept or reject orders.

Specifications, formulations, and intellectual property provided by you remain your property (subject to Section 7). We will manufacture according to mutually agreed specifications.

4. Pricing, Payment, and Taxes

  • Prices are in USD (or agreed currency) and exclude shipping, insurance, duties, taxes, and customs fees unless stated.
  • Payment terms: Typically 30% deposit upon order confirmation, balance before shipment (or as agreed in writing). We accept bank transfer, letter of credit, or other secure methods.
  • Late payments may incur interest. All bank fees are your responsibility.
  • Prices may be adjusted for significant changes in raw material costs or specifications (with notice).

5. Shipping, Delivery, and Risk of Loss

  • Delivery terms are EXW (Guangzhou factory) or as mutually agreed (e.g., FOB, CIF). Incoterms 2020 apply unless specified.
  • We assist with export documentation and compliance support, but you (or your importer) are responsible for import compliance, duties, and clearances in your destination country.
  • Shipping estimates are approximate. Delays due to force majeure or customs are not our liability.
  • Risk of loss passes upon delivery to the carrier (or as per Incoterms).

6. Quality, Inspection, and Acceptance

  • Products are manufactured under GMP standards with in-house testing. Full COA provided per batch.
  • You may inspect samples or request third-party testing (at your cost). Claims for defects must be notified in writing within [X days, e.g., 14-30] of receipt, with evidence.
  • We will remedy confirmed manufacturing defects (e.g., rework, replacement, or refund at our discretion). Normal variations in color/flavor within specifications are not defects.
  • Cosmetics/Toothpaste Compliance Disclaimer: We support compliance with major regulations (e.g., EU Cosmetics Regulation 1223/2009, US FDA for cosmetics/OTC where applicable). However, final responsibility for market-specific compliance (labelling, claims, Responsible Person, notifications, etc.) lies with you as the brand owner/importer. Always consult local legal/regulatory experts.

7. Intellectual Property

You grant us a limited, non-exclusive license to use your trademarks, designs, and formulations solely for manufacturing your products.

Our manufacturing processes, know-how, and pre-existing IP remain ours.

Confidentiality: Both parties agree to protect proprietary information. We recommend a separate NDA for sensitive projects.

8. Warranties and Disclaimers

We warrant that products will materially conform to agreed specifications at the time of shipment.

No other warranties: EXCEPT AS EXPRESSLY STATED, PRODUCTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee specific sales results or regulatory approval in your market.

9. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or related to these Terms or any order shall not exceed the amount paid by you for the specific products giving rise to the claim. We are not liable for indirect, consequential, punitive, or incidental damages (including lost profits).

This limitation does not apply to gross negligence, willful misconduct, or where prohibited by law.

10. Returns, Refunds, and Cancellations

Custom-manufactured products are generally non-returnable except for confirmed defects. Cancellations after production starts may incur costs for materials and labor already incurred.

11. Privacy and Data Protection

Your privacy is important. Please review our Privacy Policy. We process personal data in accordance with applicable laws, including GDPR (for EU data subjects) and CCPA/CPRA (for California residents) where relevant. As a China-based entity, we comply with relevant cross-border transfer requirements.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the People’s Republic of China (excluding conflict of laws principles). Disputes shall be resolved exclusively through arbitration in Guangzhou under the rules of the China International Economic and Trade Arbitration Commission (CIETAC), or by competent courts in Guangzhou if arbitration is not feasible. We also welcome amicable negotiation first.

For consumers (where applicable, though our services are B2B), mandatory local protections may apply.

13. Compliance with Laws and Export Controls

You agree to comply with all applicable laws, including export controls, sanctions, anti-bribery (e.g., FCPA), and product safety regulations in the US, EU, and your jurisdiction. You warrant that products will not be used for unlawful purposes.

We do not export to prohibited countries or entities.

14. Changes to These Terms

We may update these Terms periodically. Continued use after changes constitutes acceptance. Material changes will be notified via the Site or email.

15. Severability and Waiver

If any provision is invalid, the remainder remains in effect. Failure to enforce a right does not waive it.

16. Contact Us

Guangzhou Toothpaste Factory
Guangzhou, Guangdong, China
Email: sales@toothpastefactory.com
Phone: +86 13006889666