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Terms & Conditions

1.Orders

All Company sales of products (“Products”) to Buyer shall be made under the provisions hereof, and no order shall be binding upon Company until Company shall have acknowledged or confirmed the order in writing. The sale of samples, testers/replacements or backbar/professional products is strictly prohibited and may result in the forfeit of the Buyer’s right to purchase products from the Company. The terms and conditions set forth herein shall take precedence over any terms and conditions which may be contained in any other forms used by the parties. Once accepted by Company, orders cannot be cancelled by Buyer. Buyer may not use and shall not sell the Products to or for the benefit of any person who is not an end-user consumer. Buyer may not and shall not resell Products to any other person or entity (including affiliates, subsidiaries, or other organization of which Buyer is an owner or member) without prior written consent of Company, which consent may be withheld at the sole discretion of Company. Buyer may not and shall not resell Products outside of the jurisdiction of the United States of America without prior written consent of the Company, which consent may be withheld at the sole discretion of Company.

2.Prices; Payment Terms

Prices to Buyer are as set by Company from time to time. Price lists shall be provided to Buyer and the price list in effect at the time the Products are shipped shall be controlling. All prices shall be exclusive of all tariffs, taxes, insurance, shipping, freight, and delivery charges unless otherwise included in the price list. All shipments will be ACH direct withdrawal, Visa, or MasterCard. A $2.00 fee applies to all ACH withdrawals. Cash-on-Delivery orders will be permitted upon approval and will be subject to an additional $11.00 COD charge on shipping. A late payment charge of 1.5% per month (18% per year) shall be applied to any outstanding past due balance. There will be a $25.00 fee for returned checks and returned ACH payments.

3. Deliver

Company shall not be liable for delays in delivery. All shipments shall be F.O.B. Purcellville, Virginia. Buyers shall pay all costs and expenses incurred F.O.B. point of shipment, including, tariffs, taxes, insurance, shipping, freight, and delivery charges.

4.Trademarks; Advertising

Buyer may not use any Company trademarks or trade names or the name of any Product or any derivation of the name of any Product (including trademarks and trade names of the manufacturer of the Product) as part of the Buyer’s firm, corporate, or business name, or for advertising or marketing purposes without the prior written consent of Company. Buyer shall not modify the Products or the packaging of the Products. Specifically, Buyer shall not remove the Products from the containers in which the Products are shipped. Buyer shall not package the Products with any other goods other than those of Company. Buyer shall not make representations that extend beyond what is represented by the manufacturer of the Products.

5.Termination

Company may terminate this Agreement and sales to Buyer at any time for any reason. COMPANY SHALL NOT BE LIABLE TO BUYER FOR COMPENSATION, REIMBURSEMENT, LOSS OF PROSPECTIVE PROFITS, EXPENDITURES, BUYER, OR ANY OTHER ACTUAL OR POTENTIAL DAMAGES WHATSOEVER AS A RESULT OF ANY TERMINATION.

6.Returns

All sales are final. Buyer shall inspect the Product immediately upon delivery. If Buyer discovers damaged Product or a shortage in shipment, Buyer must report same within 48 hours to receive replacement product. All returns require a Return Authorization Number and/or label from the Company’s Returns Manager (phone #). All returns will be shipped at Buyer’s expense (except returns of miss-shipped or damaged Product). All other returns are subject to a 25% restocking fee.

7.Warranty

Company makes no representation of warranty of any kind, express, or implied (either in fact or by operation of law), with respect to merchantability, fitness for particular purpose, or any other matter. Buyer’s sole remedy for any claim against Company of any kind, including, but not limited to, claim of negligence or claim of liability based on a defect, whether discoverable or latent, with respect to any product furnished to Buyer shall be limited to the replacement of goods or credit against future Product purchases.

8.Law; Disputes

This Agreement and the sales of Products are governed by laws of the State of Virginia. Applicable sales tax for the state of receipt of shipment shall be charged on all orders unless appropriate and current sales tax certificates are on file with Company. The defaulting party shall be responsible to reimburse the prevailing party all costs and expenses including reasonable attorney fees incurred in enforcing terms of this Agreement.

9.Liability

Company shall not be liable for any Eco Harmony chemical exfoliation treatments performed by Buyer. Buyer confirms to have met state regulations and carries active insurance for said chemical exfoliation treatments.

10.Pricing

All Eco Harmony Professional products shall not be advertised or sold below the minimum retail price (MRP) for that particular product.