Terms of Service

Last updated: April 14, 2026

1. Acceptance of Terms

By accessing or using the Upscaled Distribution website located at https://upscaledist.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Site. These Terms apply to all visitors, users, and buyers of merchandise through the Site.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Site and make purchases. By using the Site, you represent and warrant that you meet these requirements. If you are purchasing on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

To make a purchase, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Upscaled Distribution reserves the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

4. Products and Orders

All products listed on the Site are liquidation merchandise, which may include customer returns, overstock, shelf pulls, salvage, and mixed-condition lots. Product descriptions, manifests, item counts, condition grades, and retail value estimates are provided as accurately as possible but are not guaranteed to be exact. Minor discrepancies in manifest counts or condition assessments are inherent to the nature of liquidation inventory and do not constitute grounds for a return.

Upscaled Distribution reserves the right to cancel, modify, or refuse any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud. Order confirmation does not constitute acceptance until the order has been shipped.

5. Pricing and Payment

All prices are listed in US Dollars and are subject to change without notice. Prices do not include shipping, handling, or applicable taxes unless expressly stated. Payment is due at the time of purchase. We accept major credit cards, debit cards, and for qualifying wholesale accounts, wire transfers and ACH payments. All payments are processed securely through Stripe.

You agree to provide accurate and complete payment information. If a payment is declined or fails, the order will not be processed until valid payment is received.

6. Shipping and Delivery

Orders are shipped from our warehouse located at 430 Neisler St, Shelby, NC 28152. Estimated shipping times are provided for informational purposes and are not guaranteed. Upscaled Distribution is not liable for delays caused by carriers, weather, or other circumstances beyond our control.

Risk of loss and title for items pass to you upon delivery to the carrier. It is your responsibility to inspect shipments upon delivery and report any visible damage to the carrier and to Upscaled Distribution within 48 hours of receipt.

7. Returns and Refunds

Due to the nature of liquidation merchandise, all sales are generally final. Liquidation lots are sold "as-is" based on their listed condition grade and manifest. We do not accept returns based on buyer dissatisfaction with individual item conditions within the expected condition grade range.

Exceptions are made for: (a) orders damaged in transit, provided a claim with photographic evidence is submitted within 48 hours of delivery; and (b) significant manifest discrepancies, where the actual contents materially differ from the listed manifest. Please refer to our Refund Policy for complete details.

8. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Upscaled Distribution or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without prior written consent.

9. Prohibited Conduct

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable law
  • Attempt to gain unauthorized access to the Site, other accounts, or our computer systems
  • Interfere with or disrupt the Site or servers connected to the Site
  • Submit false, misleading, or fraudulent information including payment details
  • Use any automated system, including bots or scrapers, to access the Site without permission
  • Resell or redistribute Site content (excluding purchased merchandise) without authorization

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPSCALED DISTRIBUTION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF MERCHANDISE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO UPSCALED DISTRIBUTION FOR THE SPECIFIC MERCHANDISE GIVING RISE TO THE CLAIM.

11. Disclaimer of Warranties

THE SITE AND ALL MERCHANDISE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPSCALED DISTRIBUTION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIQUIDATION MERCHANDISE IS SOLD IN ITS LISTED CONDITION AND MAY CONTAIN DEFECTIVE, DAMAGED, OR INCOMPLETE ITEMS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Upscaled Distributionand its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Cleveland County, North Carolina. You consent to the personal jurisdiction of such courts.

14. Modifications to Terms

Upscaled Distributionreserves the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Contact Information

If you have questions about these Terms of Service, please contact us: