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Terms & Conditions

Buyer(s) consent to the following Terms and Conditions:

i. Buyer(s) consent to the following Terms and Conditions: BH Cosmetics, Inc.'s (hereafter "BH Cosmetics" and/or "Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these terms and conditions. Unless otherwise agreed to in writing by all parties, the terms and conditions set forth on this credit/buyer application, order confirmation and/or invoice supersede the terms and conditions of the Buyer's purchase order(s) and will govern all transactions between the Buyer and the Seller. These terms and conditions also apply to all future transactions unless modified in writing signed by all parties. Seller specifically rejects any terms or provisions which set any standards, specifications or damages related to quality and time of delivery or which contradict or purportedly claim to supersede these terms and conditions. Buyer's acceptance of goods delivered by Seller in conjunction with this invoice, credit/buyer application, or order confirmation is an acknowledgement by Buyer of its acceptance of these terms and conditions.


New Account Terms:

New accounts will be shipped after reciept of payment.

Resellers' Licenses, Permits & Liability:

To qualify for wholesale purchases, Buyer must be a valid retail business. Buyer must submit a copy of Buyer's resale license and resale permit for California, business license/registration and Tax ID/VAT # (if applicable. This agreement is required for first time orders only. By placing a wholesale order with BH Cosmetics and providing the resale license, Buyer is representing that Buyer is the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale.
 

Payment:

BH Cosmetics requires a minimum order value of $1,000.00 for all wholesale orders. BH accepts bank wire payments for transactions over $3,000.00 and accept credit card payments for purchases under $3,000.00. Payments are due within 7 business days of order placement. If payment is not received the order will be cancelled from our system and need to be re-submitted.

International Custom Duties & Taxes:
Purchaser is responsible for any and all taxes (includind Value Added Taxes,) fee, custom duties, tariffs, and other charges (including shipping charges.)

Shipping: 
All orders are processed within 3-5 business days once payment is paid in full.  Shipping time will vary on selected shipping option.

Sales Tax:

If Buyer is a store with a "ship to" address in the State of California, Buyer MUST email a copy of Buyer's current fiscal year sales tax certificate to Wholesale@bhcosmetics.com in order to be exempt from California sales tax.
  

Minimum Advertised Pricing:

All advertised pricing must be reduced by no more than 35% of the MSRP as listed on wholesale.bhcosmetics.com. This policy pertains to all print and electronic advertising. Sales are allowed from time to time, however, products cannot be sold at sale prices for more than 7 days out of any 30 day period. Any retailer found to be in violation of our Minimum Advertised Pricing policy, will be notified and subject to account suspension.

Notice of Defects/Returns:

Buyer must make any claims of defects, including but not limited to those related to shortages, quality, or specification, within the first 5 days after the receipt of merchandise. Seller cannot be responsible for shortages when shipments are directed to a third party. It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order

Seller will make every commercially reasonable effort to pack only first quality merchandise with carrier approved packing materials. Seller is not responsible for damage in transit. Seller does not insure packages with the carrier. If Buyer would like to insure Buyer's package(s), contact BH Cosmetics at the time Buyer places the order. If Buyer's shipment is damaged in transit, Buyer agrees to contact the carrier and BH Cosmetics within forty-eight (48) hours of delivery. Buyer also agrees to save all packaging materials and product. Buyer further agrees not to cancel or contest payment or deduct from any invoice any amount due to BH Cosmetics as a result of a damage claim. The carrier will conduct an investigation for the damage claim and they and/or BH Cosmetics will contact Buyer once the investigation is concluded to resolve the issue.


Returns:

It is the responsibility of Buyer to inspect upon receipt, that all merchandise delivered matches its order. A written authorization from Seller must be obtained by the Buyer for any returned merchandise. All returns must be made within 7 days of receipt of goods. Product cannot be opened or used. Seller will charge the Buyer a 25% restocking fee with a $ 5.00 minimum charge for any returned merchandise. Buyer authorizes seller to sell any items with Buyer's label, mark, custom, design or print that have been returned, rejected, or abandoned.


Cancellations:

All cancellations must be made within 24 hours of order placement. A 15% service charge will apply for cancelled orders.

Jurisdiction:

BH Cosmetics offers bank wire payments or safe and secure payments. Upon Checkout you will be provided the bank wire information in order to pay. Wire payment cancellations will incur fees.


EXCLUSION OF IMPLIED WARRANTIES:

THE BUYER RECOGNIZES THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES IMPLIED ARE EXCLUDED FROM ANY TRANSACTION BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE GOODS SOLD BY SELLER. SELLER SHALL ALSO NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.


No Responsibility:

Buyer acknowledges that Seller has no responsibility for any work performed by any vendor referred by Buyer and hereby waives any right to assert any claim against Seller for work performed by any other firm, including but not limited to claims for negligent referral, agency, vicarious liability, or respondent superior.


Reselling Online:

Marketplaces– Buyer hereby expressly agrees, and understands, that BH Cosmetics policy prohibits Buyers from reselling BH Cosmetics products on any "Online Marketplace" without the prior written consent of BH Cosmetics. "Online Marketplaces" include, but are not limited to, Amazon.com, Buy.com, Ebay.com, and Sears.com, or social media sites such as facebook.com or Instagram.com. Violators will be banned from purchasing products, wholesale, from BH Cosmetics.
 

Content

Buyer hereby expressly agrees, and understands, that BH Cosmetics policy prohibits Buyers from using Seller's photographs, written materials, such as, descriptions, or any other copyrighted material, without prior written consent of BH Cosmetics. This includes all material found at http://www.BHCosmetics.com, http://www.Wholesale.BHCosmetics.com, or any affiliated site or micro-site that is the intellectual property of BH Cosmetics. Violators will be banned from purchasing products, wholesale, from BH Cosmetics.


Copyright Notice, Intellectual Property, and Image Authorization:

Buyer hereby expressly agrees, and understands, that BH Cosmetics policy prohibits Buyers from using Seller's photographs, written materials, such as, descriptions, or any other copyrighted material, without prior written consent of BH Cosmetics. This includes all material found at http://www.BHCosmetics.com, http://www.Wholesale.BHCosmetics.com, or any affiliated site or micro-site that is the intellectual property of BH Cosmetics. Violators will be banned from purchasing products, wholesale, from BH Cosmetics.

Copyright Notice, Intellectual Property, and Image Authorization:
All products, designs and any materials made available on http://www.BHCosmetics.com, http://www.Wholesale.BHCosmetics.com, or any affiliated site or micro-site, are the sole property of BH Cosmetics. The website, products, images, designs and content are protected by copyright and intellectual property law and may not be reproduced in any form without the express prior written consent of BH Cosmetics. Buyer hereby agrees not to reprint, post or copy (including electronic or digital scans) any photography, sales materials or product designs without the advance, express written consent of BH Cosmetics.

Any and all intellectual property right associated with http://www.BHCosmetics.com, http://www.Wholesale.BHCosmetics.com, or any affiliated site or micro-site, including the products, images, designs and content presented herein, and any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (including any patent-pending items) (collectively "intellectual property") are the sole property of BH Cosmetics. Except as otherwise expressly authorized by BH Cosmetics, Buyer may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of BH Cosmetics in any way without the express prior written consent of BH Cosmetics.

Please contact our Los Angeles office for use, authorization, and images to use for Buyer's website. Seller does not permit use of its images to promote other business or adult sites. Images are to be used for the purpose of selling BH Cosmetics merchandise only.


Indemnification:

Buyer agrees to indemnify, defend and hold harmless BH Cosmetics, it's directors, officers, employees, assignees, agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Buyer's agreements hereunder; and/or (ii) arises out of Buyer's negligence, willful misconduct or other breach of these Terms & Conditions.

Severability:

Each section of these Terms & Conditions shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of these Terms & Conditions be declared invalid by a court of competent jurisdiction or an arbitrator, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.


Waiver:

BH Cosmetics reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subject to correction. No action, omission or course of conduct shall constitute a waiver of any of the terms and condition hereof, unless such waiver is specified in writing by BH Cosmetics and then, only to the extent so specified.

ARBITRATION:
1. AGREEMENT TO BINDING ARBITRATION
BH Cosmetics and Buyer agree that upon the demand of either party, any claim or dispute between BH Cosmetics and Buyer and/or any of either parties' parent corporations, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or form\er shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in these Terms & Conditions. BH Cosmetics and Buyer hereby covenant not to file a lawsuit against each other in contravention of these Terms & Conditions. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing. Claims shall be submitted to and determined exclusively by binding arbitration as provided for by Sections 1 and 2 of the Federal Arbitration Act, in conformity with the California Code of Civil Procedure. Once a party exercises its right to Arbitration as set forth below, Arbitration shall be the exclusive method for resolving any dispute; provided, however, that either party may request provisional relief from a court of competent jurisdiction, as provided in California Code of Civil Procedure section 1281.8.

2. KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL.
BH Cosmetics and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement, and are voluntarily agreeing to its terms. BH Cosmetics and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.

3. COSTS OF ARBITRATION
The Parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.

Each section of these Terms & Conditions shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of these Terms & Conditions be declared invalid by a court of competent jurisdiction or an arbitrator, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.

 
Agreement and Acknowledgement:

Buyer(s) have carefully read and agree to these Terms and Conditions. Buyer authorizes BH Cosmetics to verify the credit of the Company and/or the individual(s) whose signature(s) appears on this or the other documents specified above. Buyer and Guarantor(s) authorize its bank(s) and/or business references to release credit information of Buyer and for Guarantor(s) as requested by BH Cosmetics.


By purchasing through wholesale.bhcosmetics.com or by phone, you hereby agree to the Terms & Conditions set forth by BH Cosmetics, Inc.