YOU (“Purchaser”) agree to be bound by the following Terms and Conditions of Sale (“Terms and Conditions”) in connection with the purchase of Product from BEAUTYCODE (“Seller”):
1. WEBSITE INFORMATION: The information displayed on the beautycode.ecrater.com website (the “website”) is provided in good faith, but Seller makes no guarantees about the completeness, accuracy, timeliness, availability, accessibility, merchantability, or fitness for any particular purpose of any of the information or products described on the website. The accuracy and reliability of the content within the website and its associated links is not guaranteed and is provided “as is” and all warranties, either express or implied, are disclaimed. Seller accepts no responsibility for your use of this information, or for anyone else's use of it. Seller accepts no responsibility for any injury, loss, claim, or damage arising out of or in any way connected with this service or the information displayed here. By accessing this service, you agree with these conditions and agree to hold harmless Seller and its DISTRIBUTORS.
2. PRIVACY: Seller’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Seller’s right to comply with law enforcement requests or requirements relating to the disclosure of any information to law enforcement officials.
Seller agrees to adhere to all applicable United States federal and state laws and industry practices relating to the collection and use of personal information from Purchaser.
3. ACCEPTANCE: Purchaser has read and understands these Terms and Conditions and agrees that Seller’s and Purchaser’s signature shall constitute their acceptance of the Terms and Conditions set forth herein. Any terms and conditions, and/or provisions of Purchaser’s purchase order or other written form which is, in any way, inconsistent with or in addition to these Terms and Conditions shall not be applicable herein or binding upon Seller, and in no event shall any such inconsistent term and/or condition of Purchaser’s order, whether by acknowledgment or otherwise, become a part of these Terms and Conditions.
4. VALIDITY OF QUOTATION: Seller makes no firm offers of price quotes. Prices listed on Seller’s website are not firm offers. Prices displayed on Seller’s website are subject to availability and current price conditions. Prices displayed on the website are subject to change without notice.
5. TAXES EXCLUDED: The price of Product does not include taxes or assessments of any government or subdivision thereof, including without limitation, any local, state or federal, sales, revenue, excise, use or other tax or fee applicable to the purchase, sale, resale or use of Product. Purchaser agrees to pay any and all such taxes and assessments, and to reimburse Seller for any and all such taxes or assessments, that Seller is required to pay.
6. PAYMENTS: All payments shall be made in U.S. Dollars. Unless otherwise specified in writing, Seller’s standard payment terms are all cash, payment in full upon acceptance of Order and Prior to Shipment by Seller. If Product is not paid for in full, Seller retains a security interest in Product and shall have all rights of a secured party thereon pursuant to the provisions of the applicable Uniform Commercial Code. Purchaser shall, upon request of Seller, execute a Security Agreement, Financing Statement or other document as required by Applicable Uniform Commercial Code, and Seller shall have the right to require receipt of such executed a Security Agreement, Financing Statement or other document as required by Applicable Uniform Commercial Code, prior to shipment of Product. In furtherance of the foregoing, an irrevocable power, coupled with an interest, is hereby granted and reserved unto Seller to execute such Security Agreement, Financing Statement or other document on Purchaser’s behalf and stead.
Packages that are returned to Seller as undeliverable are not issued a full refund. Seller is re-ship orders that are returned to Seller as undeliverable subject to further shipping charges.
If Purchaser would like to purchase items that were undeliverable, Purchaser may place a new order with Seller.
Seller reserves the right to cancel any order at any time for any reason.
If Purchaser requires shipping to an international location, then Purchaser agrees to be responsible for all additional fees, including but not limited to customs fees.
International orders can take up to 4-6 weeks for receipt due to customs policies.
International orders cannot ship overnight.
7. PROMOTIONS: No price adjustments will be made for coupons or promotional codes not entered at the time of purchase.
8. SHIPPING AND HANDLING FEES: Purchaser and Seller agree that no shipping and handling fees will ever be refunded by Seller to Purchaser and Seller is not responsible for any shipping and handling fees incurred by Purchaser.
9. DAMAGE OR SHORTAGE: A claim relating to the shipment or packaging of Product must be made within fifteen (15) days of receipt of Product by Purchaser at Shipper’s destination point, or the claim relating to shipment or packaging is waived and released by Purchaser.
10. SET-OFF: Purchaser shall not, at any time, be entitled to set off any amount whatsoever owing at any time from Seller to Purchaser against any amount payable by Purchaser to Seller.
11. MARKETING: Purchaser is not authorized to resell any Product purchased under these Terms and Conditions. If Purchaser wishes to resell any Product, Purchaser must obtain the express written authorization of Seller before Purchaser may resell Product. The resell of any Product by Purchaser without Seller’s prior express written authorization is a material breach of these Terms and Conditions.
12. SHIPMENT AND DELIVERY: Delivery shall be arranged by Seller and shall be at the sole cost and expense of Purchaser. Shipping dates and/or delivery dates are quoted based on conditions prevailing on the date of the quotations. The time of delivery shall be deemed to have been complied with when the Product has been shipped or delivered into the custody of the common carrier before expiration of the time of delivery. Seller need not ship or deliver as quoted if Purchaser has not met its payment or other contractual obligations.
13. FORCE MAJEURE: Purchaser agrees that Seller is excused from performance and shall not be liable for delays due to causes beyond its reasonable control or due to acts of Purchaser, acts of God, changes in local, state or federal laws or regulations, fires, strikes, floods, epidemics, quarantine restrictions, riot or other civil unrest, war, acts of violence, freight embargoes, delays in transportation, etc., or its inability to obtain labor, materials or manufacturing facilities despite reasonable commercial efforts (collectively, “Force Majeure Events”).
14. PASSAGE OF TITLE: Title passes upon delivery to common carrier or payment in full to Seller, whichever occurs last. The title and right of possession to Product remains with Seller until the full contract price (including, if any, deferred payments, payment on notes or renewals thereof and any interest charges) has been paid to Seller. Purchaser agrees to perform all acts necessary to protect and maintain this title and right. Passage or non-passage of title shall not affect risk of loss.
15. RISK OF LOSS: Risk of loss or damage to Product is that of Purchaser from the time that Product is delivered to a common carrier, during all transportation and subsequent delivery to Purchaser, regardless of whether title has passed to Purchaser.
16. LIMITED WARRANTY OF QUALITY: THE SELLER WARRANTS THAT THE PRODUCT WHICH IT SELLS TO THE PURCHASER SHALL BE UNADULTERATED AND FREE FROM CONTAMINATION ON DATE OF SALE BY SELLER FOR A PERIOD OF 60 DAYS FROM THE ORIGINAL DATE OF PURCHASE AND THIS WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY. IN THE EVENT THAT ANY PRODUCT SHALL FAIL TO BE UNADULTERATED AND FREE FROM CONTAMINATION DURING THE WARRANTY PERIOD, THE SELLER SHALL REPLACE THE SAME WITHOUT COST TO THE ORIGINAL PURCHASER OR, AT SELLER’S OPTION, REFUND THE PURCHASE PRICE.
17. LIMITED WARRANTY OF SATISFACTION: If purchaser is not completely satisfied with Product, then purchaser may return the remainder for a full refund less shipping and handling if product is returned within 7 days.