Terms & Conditions of Sale
The sale of Carmell Cosmetics Products (“Carmell Products”) to the Buyer shall be made under the terms of sale described herein. The terms and conditions set forth in this document shall take precedence over the terms and conditions that may be contained on any other forms.
Orders/Pricing: After your order is placed on the website or with a participating Professional Care Provider or directly with a Carmell employee, your orders will be shipped within 5 business days of receipt. Once accepted by Carmell Products, orders cannot be canceled by Buyer. Price lists shall be provided to Buyer and the price list in effect at the time the Carmell Products are shipped shall determine Carmell Products price. All prices shall be exclusive of all tariffs, taxes, insurance, shipping, freight, and delivery charges.
Resale: Buyer will not sell Carmell Products to any person who is not the intended end-user.
Buyer is not authorized to distribute Carmell Products to third party sellers. Sale of Carmell Products to unauthorized resellers is strictly prohibited and constitutes grounds for termination. Buyer will not sell Carmell Products on the internet to the public or to other resellers, internet sites, or third-party auction sites.
Buyer may fulfill customer orders online only in accordance with Carmell Cosmetics’ Authorized Dealer Policy. Buyer may only sell Products in the same country in which the Buyer received their shipment of goods from Carmell Cosmetics.
Delivery: All prices are FOB at Point of Origin unless otherwise mutually agreed in a sales order or other written document. Buyer will pay all costs and expenses incurred from FOB point, including tariffs, taxes, insurance, shipping, and delivery charges. Carmell Cosmetics shall not be liable for delays in delivery. Buyer understands that when a commercial carrier is used to ship Carmell Products, the responsibility of Carmell Cosmetics ceases and the risk of loss transfers to Buyer once goods are released to said carrier.
Returns: Buyer has thirty (30) days after receiving Carmell Products to request a return. To make a return request, Buyer must submit a brief description of why Buyer is requesting a return along with the applicable purchase order / invoice number to email@example.com. Carmell Cosmetics will review such request and will determine whether to grant or deny such request in its sole and absolute discretion. If required by Carmell Cosmetics, Buyer will ship Carmell Products at Buyer’s expense to such address as designated by Carmell Cosmetics.
Advertising: Buyer must comply with the regulations of the United States Food and Drug Administration and the Federal Trade Commission. Buyer also understands and acknowledges that Carmell Products are classified as cosmetic products.
Use of Name: Neither party shall use the names or trademarks of the other party or of any of the other party’s affiliated entities, in any advertising, publicity, endorsement, or promotion unless the other party has provided prior written consent for the particular use contemplated. The terms of this section survive the termination, expiration, non-renewal, or rescission of this Agreement.
Intellectual Property: Buyer agrees that it will not copy, reproduce, or otherwise replicate any of Carmell Cosmetics’ trademarks, copyrighted materials, marketing materials, or advertising materials (Intellectual Property) without the prior written consent of Carmell Cosmetics. Improper usage of the Intellectual Property or usage without written consent is not permitted under any circumstance. Such violations may result in individual liability under several federal statutes. The Intellectual Property rights related to the sale of Products will be enforced to the fullest extent permissible under law. Buyer agrees and acknowledges that the Intellectual Property is the sole property of Carmell Cosmetics.
Notification of Infringement: Authorized Dealer must inform Carmell Cosmetics promptly in writing of any adoption, use, or registration that may come to its attention of any trademark, service mark, or other usage that may infringe upon or impair Carmell Cosmetic's rights in and to its Intellectual Property.
Warranty and Indemnity: Carmell Cosmetics warrants that Carmell Products sold are of a specified quality when shipped and that the ingredients are accurate as labeled within recognized tolerances. Carmell Cosmetics makes no further warranty, expressed or implied as to merchantability, fitness for purpose, or otherwise. Liability will be limited to replacement or refund of purchase price, at the discretion of Carmell Cosmetics. By acceptance of the Product, the Buyer acknowledges that the limitations and disclaimers herein described are conditions of sale. The Buyer agrees to hold Carmell Cosmetics harmless from any and all liability, costs, or damages from any injury or damage to persons or property caused in any manner by said Carmell Products while they are in the possession of Buyer, or end-user or Consumer thereof.
Applicable Law: This agreement will be governed by the laws of the State of Pennsylvania in the United States of America.
Offer and Modification: The terms of this agreement constitute the entire and exclusive agreement between the parties. No modification of or addition to the terms and conditions is binding on Carmell Cosmetics unless contained in a written agreement signed by an authorized representative of Carmell Cosmetics. Oral agreements entered into with the sales representatives or employees of Carmell Cosmetics are not valid unless specified by written contract bearing an authorized signature prior to delivery of merchandise. Failure to notify Carmell Cosmetics of any discrepancies, objections to, or disagreement with such terms and conditions or acceptance of any shipment from Carmell Cosmetics shall be construed as an acceptance of this agreement as present herein.
For any questions, please contact us at firstname.lastname@example.org.