Heirs to Beauty Wholesale Terms and Conditions

PLEASE READ THESE TERMS OF USE, CONDITIONS AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this site, you agree to these terms and all applicable laws. If you do not agree, do not use this site.

1. Definitions

The following words have the following meanings:

1. "Buyer" or "you" means the company or person who buys Goods from the Seller.
2. "Contract" means the agreement between Seller and Buyer in connection with the sale of Goods.
3. "Goods" means the products to be supplied to the Buyer by the Seller upon payment of the purchase price.
4. "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time by Seller.
5. "Seller" or "us" means Heirs to Beauty, LLC., having a place of business at Ridgewood, NJ 07450.

2. General

1. Buyer agrees to the terms and conditions outlined in this Contract pertaining to any Goods purchased by Buyer through Seller’s wholesale website (the “Site”).
2. Buyer agrees to review these terms and conditions prior to purchasing Goods through the Site and purchase of a Good through the Site is conclusive evidence of acceptance.

3. Editing, Deleting, and Modification

1. Seller may remove any Goods for sale from the Site at its sole discretion.
2. Seller may modify this Contract or List Price, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice.
3. Modifications to this Contract are effective immediately upon publication on the Site.

4. Eligibility

For Buyer to be eligible to purchase Goods through this Site, Buyer:

1. Must be a salon or hair studio owner, a hairstylist in a salon or studio, a freelance hairstylist, or a licensed hairstylist taking a break.
2. Must have a valid resale certificate, which Buyer must upload upon registering to the Site, if Goods are intended for resale.
3. Must be an established business operating for at least six months. Email contact@heirstobeauty.com for more information.

If Buyer changes its business operation and no longer meets the eligibility requirements, the Contract terminates automatically upon the change. Buyer must promptly notify Seller in writing of any change in Buyer’s ability to satisfy these requirements.

5. Restriction on Selling on Third Party Platforms

Buyer represents and warrants that they will not resell any Goods on their website or on any third party resale platforms, including but not limited to Amazon, Walmart, eBay, Poshmark, Facebook Marketplace, and Instagram. Buyer also represents and warrants they will not resell any Goods for a price less than the suggested retail price set by the Seller. Buyer represents and warrants that they will not resell any Goods to diverters, discount websites, resellers, through any gray market site, store or channel, or unauthorized third party. Reselling in violation of this Section 5 results in immediate termination of Buyer’s account and may lead to legal action and damages.

6. Product Information

Any description given or applied to the Goods is by way of identification only and does not constitute a sale by description. Buyer affirms that it does not rely on any description when entering into the Contract.

7. Price and Payment

1. All prices on the Site are in US dollars. Buyer agrees that all orders shipped by Seller are subject to sales tax as applicable based on the shipping address. Tax is estimated at order placement. The final sales tax appears on the order confirmation email and packing slip.
2. The price is the Seller's current List Price, or another price agreed in writing by Seller and Buyer. The price is exclusive of VAT or any other applicable costs.
3. Buyer represents and warrants that:
   • All credit card information supplied to Seller is true, correct, and complete.
   • All charges incurred by Buyer will be honored by the Buyer’s credit card company.
   • Buyer will pay all charges incurred at the amounts in effect at the time incurred, including all applicable taxes.
   Buyer is responsible for all charges incurred through use of Buyer’s password for the Site. Buyer agrees to keep the password confidential and to notify Seller within 24 hours of any breach or unauthorized use. Seller has no responsibility or liability for unauthorized use of Buyer’s password.

8. Right to Refuse

Seller may refuse an order at any time in its sole discretion. Sale of Goods is subject to availability.

9. Order Confirmation and Shipping

1. After Buyer submits an order, a confirmation is sent or displayed. An email confirming receipt follows shortly. If no confirmation arrives within 24 hours, contact Customer Service at contact@heirstobeauty.com.
2. Orders ship on business days, Monday through Friday, excluding major holidays. All orders are subject to authorization and availability. Only authorized orders are processed and shipped.
3. All orders are waived from signature unless otherwise instructed in order comments or by email.
4. Seller cannot ship to P.O. Boxes. Seller ships to the contiguous 48 U.S. states, plus Alaska and Hawaii. Customer pays all shipping.
5. If an order was not shipped, was incorrectly shipped, is missing a product, or for any questions on ordering or order status, email contact@heirstobeauty.com.

10. Order Limits

Seller may limit order quantities per item and the total value of products ordered per day and per month at its sole discretion.

11. Title and Risk

Title and risk in the Goods transfer to Buyer when the Goods are received at Buyer’s location. Seller may recover the Goods shipped and its entitlement to possession is superior to all other claimants.

12. Defective Products

1. If a Good is defective, Buyer must email contact@heirstobeauty.com within seven days of receipt with a detailed description of the defect and proof of purchase.
2. Defective product returns follow Seller’s return policy. Defective or damaged products can be returned for credit or replacement only within five days after receipt. Email contact@heirstobeauty.com to obtain an RMA and return instructions.
3. Any credit for exchange is based on the value of the Goods at the time of purchase. Shipping and handling fees are not refundable unless the merchandise is defective, or Seller shipped an incorrect item. All shipping fees are non refundable.
4. Goods purchased through the Site cannot be returned to a Seller’s distributor.

13. Disclaimer

THE GOODS OFFERED THROUGH THE SITE ARE PROVIDED "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED including implied warranties of merchantability and fitness for a particular purpose. The sole and entire maximum liability of Seller, for any reason, and Buyer’s sole and exclusive remedy for any cause whatsoever, is limited to the amount paid by the Buyer for the particular items purchased.

Seller and any of its affiliates, dealers, or suppliers are not liable for any indirect, special, punitive, incidental, exemplary, or consequential damages including loss of business, loss of profits, or litigation, whether based on breach of contract, breach of warranty, tort including negligence, product liability, or otherwise, even if advised of the possibility of such damages. In no event is Seller liable for any direct damages, even if advised of the possibility of such damages, arising out of or in connection with the use, inability to use, or performance of the Site. These limitations apply notwithstanding any failure of essential purpose of any limited remedy. Some state statutes may apply to limitation of liability.

14. Indemnification

Buyer agrees to indemnify, defend, and hold Seller and its affiliates, licensors, and suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract, unauthorized resale of any Goods, or use of the Site. This term survives termination.

15. Force Majeure

Seller is not liable for any delay or failure to perform any obligations if the delay or failure results from events or circumstances outside its reasonable control, including acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply, pandemic, government related work stoppage, ransomware or cyber attack. Seller is entitled to a reasonable extension. If the delay persists for a time Seller considers unreasonable, it may terminate the Contract without liability.

16. Relationship of Parties

Nothing in this Contract establishes or implies any partnership, joint venture, agency, or similar relationship between Buyer and Seller.

17. Non Transferable

Buyer’s rights under this Contract are not assignable or transferable, nor are its duties delegable without Seller’s prior written consent. Any attempted assignment, transfer, or delegation in violation of this Section 17 causes immediate termination of this Contract.

18. Waiver

The failure by Seller to enforce any term or condition at any time is not a waiver of such term or condition, or of the right to enforce all terms and conditions later.

19. Severability

If any term or provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision is construed to reflect the original intentions of the parties as closely as possible and the remaining portions remain in full force and effect.

20. Arbitration

1. Any controversy or claim arising out of this Contract, or any alleged breach, is resolved by binding arbitration before a single arbitrator under the then existing Commercial Arbitration Rules of the American Arbitration Association.
2. The arbitrator is a practicing attorney or retired judge with at least fifteen years total working experience. The arbitration is held in Bergen County, New Jersey or another agreed place. No demand for arbitration may be made after the applicable statute of limitation bars legal or equitable proceedings.
3. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. An award includes pre award interest at a rate equal to the unpaid balance. If a party generally prevails, the arbitrator awards that party its reasonable out of pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees, and legal costs.
4. The arbitrator issues a reasoned award. Judgment upon the award may be entered in any court having jurisdiction. The arbitration proceedings and award are confidential, except as required by court order, to confirm, vacate, or enforce the award, and for disclosure in confidence to the parties’ attorneys, tax advisors, senior management, and to family members of an individual party.
5. The arbitrator requires exchange by the parties of:
   • The name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information.
   • Non privileged documents, including those in electronic form, that are relevant to issues raised by any claim, defense, or counterclaim, or on which the producing party may rely.
6. The arbitrator limits production based on unreasonable expense, duplication, and undue burden. These exchanges occur no later than a specified date within 60 days following appointment of the arbitrator. At a party’s request, the arbitrator may order depositions. Depositions are limited to a maximum of three per party, each of a maximum of four hours, unless the arbitrator determines otherwise. The arbitrator may allow other discovery as reasonably necessary for a fair determination.
7. Any dispute or objections regarding discovery or relevance of evidence are determined by the arbitrator. All discovery is completed within 120 days following appointment of the arbitrator, unless the arbitrator determines otherwise.

21. Governing Law

This Agreement is construed and enforced in accordance with the laws of the State of New Jersey without reference to its choice of law principles. The Federal and State Courts of New Jersey have jurisdiction over any dispute that cannot be amicably settled or is not subject to arbitration. Buyer consents to extra territorial service of process.

22. Order of Precedence

If anything in or associated with the Site, Goods, or Seller conflicts with this Contract, this Contract takes precedence.

23. Copyrights and Trademarks

1. The entire content included in the Site, including text, design, graphics, interfaces, code, and the selection and arrangement thereof, organization, gathering, compilation, magnetic translation, digital conversion, and other matters related to the Site (“Content”) is protected under applicable copyrights, trademarks, and other proprietary rights and is the property of Seller.
2. The Content may include works licensed to Seller. All rights reserved. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Seller, or other respective owners that have granted Seller the right and license to use such Marks.
3. Buyer agrees not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, use, or publish any such Content or any part of the Site, and agrees not to assist or facilitate any third party to do so.

24. Site Use and Links

1. Use of the Site is entirely at the Buyer’s risk.
2. By using the Site, Buyer agrees not to attempt to undermine its functionality and integrity.
3. The Site may include links to third party websites that are controlled and maintained by third parties. Any link to other websites is not an endorsement. We are not responsible for the content or availability of any such sites.

25. Use of Information

Seller reserves the right, and Buyer authorizes Seller, to use and assign all information regarding Buyer’s purchases, use of the Site, and all other information provided by Buyer, subject to applicable law.

26. Security Online

All orders placed on the Site are encrypted, protecting any credit card information submitted at the time of the order. Seller is not liable for any direct or indirect damages related to credit card fraud or theft.