TERMS & CONDITIONS
OVERVIEW
Welcome to Beautymallwholesale.com. These Terms and Conditions ("Terms") govern your use of the Beautymallwholesale.com website ("the website") and all subdomains thereof. By using, visiting or shopping at the Beautymallwholesale.com website and all subdomains thereof, you agree to be bound by these Terms as well as the other policies posted on the Beautymallwholesale.com website from time to time. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Throughout the website, the terms "we", "us" and "our" refer to Beautymall Wholesale. Beautymall Wholesale offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by our Terms, including those additional Terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation thereof or of any place or which may subject Beautymall Wholesale and its affiliates to any regulatory requirement within such jurisdiction or country.
SECTION 1 – USE OF THE WEBSITE
1.1 License and website Access
Beautymall Wholesale grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the website in accordance with and subject to the Terms and not to download (other than page caching) or modify the website or any portion of the website, except with the express written consent of Beautymall Wholesale. Beautymall Wholesale also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the homepage of the website in accordance with and subject to the Terms so long as the link does not portray Beautymall Wholesale, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
1.2 Prohibited Uses of the website
The licenses set forth in these Terms do not include any rights to, among other things:
- Interfere or attempt to interfere with the proper operation of the website ; Bypass any measures used to prevent or restrict access to any portion of the website ;
- Use any robot, spider, data-miner, scraper or other automated means to access the website or its systems for any purpose or to copy, probe, test or monitor any portion of the website or in any way reproduce or circumvent the navigational structure or presentation of the website or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Beautymall Wholesale or its affiliates through the website;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any of the systems or networks comprising or connected to the website;
- Compile, repackage, disseminate or otherwise use data available on or extracted from the website, including product information and prices;
- Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the website;
- Modify, download (other than page caching), reproduce, copy or resell the website, the content or any portion or derivative thereof;
- Copy or download any account information of any user of the website for the benefit of any other person or entity;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Beautymall Wholesale;
- Use Beautymall Wholesale's name, trademarks, service marks or logos in any meta tags or any other "hidden text";
- Use Beautymall Wholesale's logo or other proprietary graphic or trademark as part of a link without express written permission; or
- Use the website in a way other than that expressly authorized in the section "License and website Access" above.
Each of the foregoing is expressly prohibited without Beautymall Wholesale's prior express written consent. You may not use the website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Beautymall Wholesale or any of its affiliates. Notwithstanding any other rights or restrictions in these Terms, you may not use the website to: (a) transmit via or through the website any information, data, text, images, files, links, or software except in connection with your authorized use of the website or otherwise in response to specific requests for information by us; (b) introduce to the website or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the website or an employee of us; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to the website or any component of the website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
Any unauthorized use of the website or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by Beautymall Wholesale, and if any of your action causes losses to Beautymall Wholesale, Beautymall Wholesale expressly reserves the right to claim damages and/or apply for other legal remedies.
1.3 Termination or Suspension of Access
You agree that Beautymall Wholesale may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the website and your website account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the website or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the website, (3) discontinuance or material modification of the website or any service available on or through the website, (4) violations of these Terms or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that none of Beautymall Wholesale, any of its affiliates or any of their respective employees, officers, directors, shareholders, agents and representatives (each a "Beautymall Wholesale party") will be liable to you or to any third party for termination or suspension of your access to the site.
SECTION 2 – INTELLECTUAL PROPERTY RIGHTS;USER CONTENT
2.1 Copyright
All content included on the website, including, without limitation, text, articles, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, and other material on the website ("Content") is the property of Beautymall Wholesale or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the website are the exclusive property of Beautymall Wholesale and are protected by applicable copyright laws. All software used on the website is the property of Beautymall Wholesale or its software suppliers and is protected by applicable copyright laws.
2.2 Trademarks
Beautymallwholesale.com, Beautymall Wholesale and Beautymallwholesale are trademarks, registered trademarks or service marks of Beautymall Wholesale or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of Beautymall Wholesale and its affiliates, suppliers and licensors used on the website are our property or that of their respective owners and may not be used without prior written consent of Beautymall Wholesale or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no Beautymall Wholesale trademark, service mark or trade dress may be used in connection with any product or service that is not Beautymall Wholesale's, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits Beautymall Wholesale. All trademarks, product names and company names or logos used in the website are our property or that of their respective owners. It is not permitted to use any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
2.3 No Responsibility for Third-Party Content; Copyright Claims
Content on the website may be provided by third parties, either as a result of submission by users or other persons or because of selection by Beautymall Wholesale. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the website ("Third-Party Content") are solely those of the respective authors or distributors and not of Beautymall Wholesale or its affiliates. None of the Beautymall Wholesale Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The Beautymall Wholesale Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized Beautymall Wholesale representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any Beautymall Wholesale Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
No Beautymall Wholesale Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the website contains Content that infringes copyright rights held by you, please contact Beautymall Wholesale at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the website;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2.4 Submission of Reviews and Other User Content
Where allowed on the website, users or other persons may submit reviews, articles, comments, contest entries and other Content to the website or users may offer or disclose Content, ideas or other materials to Beautymall Wholesale in connection with the website . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any Beautymall Wholesale Party or any website user as to the origin of any such Content. You agree, represent and warrant that any Submission submitted by you will be accurate and will not violate these Terms, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of "spam".
Beautymall Wholesale reserves the right but no obligation to monitor, edit, move or remove any activity, Content or Submission on the website. However, Beautymall Wholesale does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms.
Beautymall Wholesale does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are:
- unconditionally granting Beautymall Wholesale, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the website), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and
- unconditionally granting to each user of the website a non-exclusive license to access your Submission through the website and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the website and under these Terms.
To the extent any right you may have in or relating to any Submission cannot be licensed to Beautymall Wholesale or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. Beautymall Wholesale is and shall be under no obligation
- to maintain any Submissions in confidence;
- to treat any Submission or the ideas therein as proprietary;
- to pay to you or any person or entity any compensation for any Submissions; or
- to use, return, or respond to any Submissions.
SECTION 3 – CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
Beautymall Wholesale's product inventory available on the website includes tens of thousands of products, and product listings are constantly being changed and updated. Beautymall Wholesale's customers are located in various parts of the world. As a result, it is not practical for Beautymall Wholesale to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
Beautymall Wholesale makes every effort to ensure that the products it sells are genuine and legitimate. Import and sale of certain of the products offered on the site, however, may not be permissible in all countries, including without limitation the united states of america, as a result of local customs regulations, local copyright and trademark rights and other local laws. In addition, products available on the site may not conform to product safety or other regulations in all countries.
By purchasing a product through the website, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested beautymall wholesale to ship the product, and agree that you will be considered the sole "importer" and "initial distributor" of the product to such country for all purposes, including customs regulations, copyright and trademark laws and product safety laws. You acknowledge and agree that beautymall wholesale's role is limited to procuring products and making these products available through the website to you for purchase in hong kong and for your import to the country to which you have requested Beautymall Wholesale to ship products. save for beautymall wholesale acts as importer of record ("IOR") for you if necessary, in no event will Beautymall Wholesale or any other Beautymall Wholesale party be a party to the import of such products nor will any Beautymall Wholesale party be responsible for any liability arising under the laws of any country other than Hong Kong for any reason, including the import and sale of products available on the website, customs regulations and customs holds, detentions and seizures, copyright and trademark laws, product licensing and product safety laws.
By purchasing a product through the website, customers outside of Hong Kong authorize Beautymall Wholesale to make arrangements for clearance of customs on their behalf for the products they have ordered.
In case the products you purchased are delivered from any Beautymall Wholesale's warehouse outside of Hong Kong, you acknowledge and agree to appoint Beautymall Wholesale to act as IOR with respect to the importation of products for you. You must obtain any permissions, consents, licenses or otherwise that Beautymall Wholesale needs and provide all relevant information, materials, properties and any other matters required for the importation. You acknowledge that you are responsible for ensuring that the imported goods comply with all applicable laws and regulations in the country of importation, and that you will indemnify and hold harmless Beautymall Wholesale as the IOR from any liability arising from the importation of goods.
We make no representation that information on the website is appropriate or available for use outside Hong Kong. Those who choose to access the website from outside Hong Kong, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
SECTION 4 – COSMETIC AND PERSONAL CARE PRODUCTS
4.1 Purchase of Cosmetic and Personal Care Products
Beautymall Wholesale may offer cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup and fragrances, for sale through the website.
4.2 No Professional Advice
All information supplied through the website or by any Beautymall Wholesale Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The website does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the website is not a substitute for professional medical advice. None of the information available through the website constitutes a recommendation or solicitation to take or not take any particular action.
The receipt of any questions or feedback you submit to Beautymall Wholesale does not create a professional relationship and does not create any privacy rights other than those described in Beautymall Wholesale's Privacy Policy
SECTION 5 – PAYMENT FOR PRODUCTS PURCHASED THROUGH THE WEBSITE
5.1 Payment Method
Beautymall Wholesale currently accepts Paypal for any purchase with order value equal to or less than US$700. For order value above US$700, we only accept payment via bank transfer.
Beautymall Wholesale endeavors to maintain the highest standards of security against fraud. We maintain the latest security technologies to ensure your billing/shipping information and contact information are correct. Beautymall Wholesale reserves the right to refuse any transactions due to suspected fraud or illegal activity.
Disclaimer: Beautymall Wholesale is not responsible for any charges incurred by the transaction that may be imposed by a financial institution including your bank or other payment provider associated with the transaction. If the amount received is less than the order amount, Beautymall Wholesale reserves the right to request the customer to pay for the difference before processing the order.
Unless expressly set forth on the website, Beautymall Wholesale does not accept any other payment form. If Beautymall Wholesale offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other forms of payment.
Please refer to the Payment Information page for more information regarding Beautymall Wholesale's policies and procedures relating to customer payments.
5.2 Custom & Tax - Customer is considered as the importer of the products and will be responsible for any custom tax, import duties, goods and services tax (GST), valued-added tax (VAT), or any similar customs-related charges. For detailed information related to custom fees, Please contact your local customs office for more information.
In addition to custom fees, customers may also be responsible for other changes from courier service, like administration or brokerage fees which are incurred during custom processing and clearance of your shipment.
5.3 Currencies - Payments are all processed in USD. Beautymall Wholesale is not responsible for any exchange rates and transaction fees by your bank or payment gateway.
5.4 No refunds will be made to customers resulting from changes in currency rates.
Beautymall Wholesale does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer's PayPal or bank transfer, then the financial institutions would determine the applicable exchange rate at such time as provided above.
In no event will any Beautymall Wholesale Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
SECTION 6 – PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
6.1 Product Descriptions
Products shown on the website may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. The information on the website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Beautymall Wholesale does not represent or warrant that the descriptions of any products shown on the website (including personal care products) are accurate or complete or up to date. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). If you purchase a product from Beautymall Wholesale that is not as described on the website, you acknowledge and agree that your sole and exclusive remedy shall be to return such product in unused condition for a refund in the amount of the purchase price where return policies apply.
Beautymall Wholesale has made every effort to display the colors of products on the website as accurately as possible. However, as the actual colors you see will be affected by, among other things, the color tone displayed on your monitor, Beautymall Wholesale cannot guarantee that your monitor's display of any color will exactly match the actual colors of the products.
6.2 Prices
Beautymall Wholesale cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a "shopping cart" or "shopping bag" and the time the purchase is actually made. Also, despite Beautymall Wholesale's best efforts, a small number of the products on the website may inadvertently display incorrect prices. If the price for the product on the website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Beautymall Wholesale, Beautymall Wholesale may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
Beautymall Wholesale will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. Beautymall Wholesale will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is canceled, Beautymall Wholesale will immediately issue a credit to your credit card or payment service in the amount of the charge.
6.3 Price Comparisons and "Save" Amounts
Price comparisons may be made throughout the website to indicate the relative savings amounts of Beautymall Wholesale's pricing. Amounts shown as "Save" reflect the difference between the sale price and Beautymall Wholesale's normal or "list" price for a given product. However, Beautymall Wholesale makes no representation that a substantial number of these products have been sold or made available for sale at the list price.
SECTION 7 – ORDER PROCESSING, SHIPMENT, RETURNS AND WARRANTIES
7.1 Order Acceptance
The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms. Beautymall Wholesale may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
7.2 Passage of Title
Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by Beautymall Wholesale to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of Beautymall Wholesale's agreement to sell products to you.
7.3 Returns
Beautymall Wholesale accepts returns of most defective products, and products damaged in shipping, in accordance with the terms and conditions posted from time to time at Customer Service – Shipping and Returns
Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the website. In no event will cash refunds be made.
7.4 Product Warranties
Beautymall Wholesale will have no liability for any failure or malfunction of a product sold on the website. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers' warranties is generally included in the materials shipped with the products or is available through the website.
7.5 PURCHASE FOR COMMERCIAL PURPOSE ONLY
Customers shall purchase product from the website for commercial or business purpose. Customers shall resell or redistribute the products purchased from the website and be fully responsible for paying and/or collecting all capital gains, transfer, documentary, excise, sales, use, value-added, goods and services, stamp, import and other such taxes incurred or payable by Customers pursuant to any applicable laws chargeable by any tax authority in any jurisdiction(s), if any, resulting from the purchase of the products from the website and resale or redistribution of the same (whether related to the income or gain derived by Customers in the reselling or redistributing the products) (collectively referred to as "Taxes"). Neither Beautymall Wholesale nor Beautymall Wholesale Party shall be responsible for collecting and/or paying Taxes.
By purchasing any product and placing an order via the website, User shall, on behalf of himself or herself and the Customer, represent, warrant and undertake the followings:
7.6 Tax obligations
7.6.1 Customer who resells the products purchased from the website is fully responsible for paying and/or collecting Taxes and making all necessary filings in respect of the Taxes pursuant to laws applicable to the Customer.
7.6.2 Customers purchase the product from the website for their business, whether their business is in the form of sole proprietorship, partnership or a company.
7.6.3 The Customer's business is in full compliance with all laws and regulations applicable to the Customer, including but not limited to laws regarding import, trading, trademarks and copyright in the Customer's own jurisdiction.
7.6.4 The Customer shall be responsible to bear all Taxes. For avoidance of the doubt, the Customer shall defend, indemnify and keep indemnified Beautymall Wholesale and Beautymall Wholesale Parties at all times and hold them harmless against any and all losses, liabilities, damages, liens, claims, obligations, penalties and costs resulting from, or due to, directly or indirectly, any claim that the Customer has failed to:-
- properly make any (i) tax filing or (ii) report the purchase via the website, the resale and redistribution of the products, if required under applicable law; and/or
- pay any Taxes in accordance with applicable laws and regulations;
7.6.5 Upon request by Beautymall Wholesale, the Customer shall provide documents relating to Customer's business, including but not limited to business registrations, sale permit and resale certificates, VAT numbers and such other documents and information to the satisfaction of Beautymall Wholesale as specified by Beautymall Wholesale from time to time;
(applicable to Customers located in the United States of America (the "US")), the User shall, on behalf of himself or herself and the Customer, further represents, warrants and undertake:
- the purchase is exempt from US sales and use tax as a purchase for resale under a valid resale certificate;
- the items will be resold in the normal course of business and if the Customer makes any use of the items other than retention, demonstration or display while holding them for sale, the Customer shall pay sales tax on the items at the time of use; and
- the Customer shall collect and remit any applicable US sales and use tax from end customer associated with the resale of the items;
7.7 Capacity
7.7.1 The Customer shall have full and all necessary power, authority, capacity and legal right to purchase the products from the website and resell and redistribute the same.
7.7.2 The Customer shall have full and all necessary power, authority, capacity and legal right to enter into any contract in respect of the purchase of products from the website with Beautymall Wholesale, engage in the transaction contemplated thereunder, perform its obligations hereunder (including but not limited to the obligations related to Taxes set out in these Terms) and reselling and redistributing the products purchased from the website
7.7.3 The User has been duly authorized to act for and on behalf of the Customers in placing the order and making purchase via the website and carrying out all necessary acts to complete the relevant purchase.
7.7.4 All information and documents the User and/or Customer provide to Beautymall Wholesale via the website are true and accurate and further, all information and documents given or which may at any time given by the User, Customer, Customer's directors, officers, employees or authorized representatives, to Beautymall Wholesale or any Beautymall Wholesale Party is and will be accurate in all respects and there are no facts which have not been disclosed to Beautymall Wholesale or Beautymall Wholesale Party which would make any such information misleading or which may affect the willingness of Beautymall Wholesale to proceed with the sale of the products via the website.
7.7.5 (if applicable) All corporate, shareholder and other action, conditions, approvals and requirements, including without limitation, all governmental and other official consents, licenses, approvals and authorisations, and things required under all applicable laws, to be taken, fulfilled, obtained, given and done by the Customer or any other person in order to enable the Customer lawfully and validly to do the following acts have been or where required, will be duly and validly taken, fulfilled, obtained, given and done; and
- enter into, exercise the Customer's rights and perform and comply with its obligations under the contract in respect of the purchase of products from the website with Beautymall Wholesale; and
- purchase the products from the website and resell and redistribute the same in the relevant jurisdiction(s);
7.7.6 these Terms constitutes legal, valid and binding obligations of the Customer enforceable against the Customer in accordance with its terms; and
the User and the Customer shall notify Beautymall Wholesale immediately shall any of the aforesaid warranties, representations and undertakings are no longer true or correct.7.7.7 Users and Customer shall jointly and severally indemnify Beautymall Wholesale and Beautymall Wholesale Parties in full against all costs or expenses which may be incurred or suffered by Beautymall Wholesale and/or any of the Beautymall Wholesale Parties in connection with any breach of and enforcing claims for any breach of aforesaid representations, warranties, undertakings or obligations of the Customer and/or the User.
SECTION 8 – OTHER ISSUES
8.1 User Privacy and Data Security
Please also read Beautymall Wholesale's Privacy Policy carefully, which also governs your visit to and usage of the website, to understand Beautymall Wholesale's practices with respect to usage and handling of user information. We endeavor to ensure that all our collection, transmission, storage and usage of personal data is carried out in compliance with the Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong.
You acknowledge and agree that the website is a public space and that your participation in and Submissions to the website create no expectation of privacy. Further, you acknowledge that any personal information you submit to the website may be seen and used by others. No Beautymall Wholesale Party is responsible for information that you or others choose to submit to the website, or for your actions or the actions of other users. Beautymall Wholesale or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the website at any time for any reason. If you choose to make any of your personally identifiable or other information publicly available as a submission or otherwise on or through the site, you do so at your own risk.
While Beautymall Wholesale takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, Beautymall Wholesale Party is not responsible for the acts of those who gain unauthorized access, and no Beautymall Wholesale Party makes any warranty, express, implied or otherwise, that Beautymall Wholesale or any other Beautymall Wholesale Party will prevent unauthorized access to your private information.
8.2 Your Account
Certain portions of the website may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify Beautymall Wholesale immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the website. You may not use anyone else's account, username or password at any time. You may not attempt to gain unauthorized access to the website. Customers may not authorize any other person to use your account, username or password, save and except where the Customer is partnership, company or other business entity, Customers may authorize the Customer's officer(s), director(s), manager(s) or employee(s) to use its account provided that the disclosure of the username, password and such other login details to such authorized persons is on a strictly need-to-know basis. You agree to provide Beautymall Wholesale with accurate, current and complete information about yourself and your billing information as prompted in the registration process, and to maintain and promptly update your registration information to keep it true, accurate, current and complete. You may update your account information by clicking on the "My Account" link on the website. If we have reasonable grounds to suspect that any information is inaccurate or incomplete, we have the right to suspend or terminate your registration.
8.3 Users' confirmation
By creating an account on the website, User hereby confirms and undertakes that he/she is acting as Customer on his/her own account or acting on behalf of the Customer to register such account. You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.
8.4 Third-Party Websites and Applications
The website may contain links, hypertext links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) (Application(s)). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Beautymall Wholesale. Applications are provided solely as a convenience to you and Beautymall Wholesale is not responsible for and does not sponsor, approve or endorse the content of Applications or its operator. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Beautymall Wholesale account. By using Applications, you acknowledge and agree to the following:
- if you use an Application to share information about you, your actions on the website or relating to your Beautymall Wholesale account, you are consenting to such information being shared; and
- your use of an Application may cause personal information to be publicly disclosed and/or associated with you, even if Beautymall Wholesale has not provided such information; and
- your use of an Application is at your own option and risk and you will hold the Beautymall Wholesale Parties harmless from any sharing of information about you, your actions on the website or relating to your Beautymall Wholesale account that results from your use of an Application.
In addition, each Application's end-user license agreement, Terms, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application's access to your Beautymall Wholesale account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The Beautymall Wholesale Parties do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints or claims about the Applications, you should contact the support or contact personnel of the Application and not Beautymall Wholesale.
8.5 Third-Party Links
The website may contain links to other websites. The Beautymall Wholesale Parties are not responsible for examining or evaluating, and the Beautymall Wholesale Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No Beautymall Wholesale Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
8.6 Age of Users
By registering an account with our website you have declared that you are aged 18 years or above and capable of forming a legally binding contract. Beautymall Wholesale does not intend the website to be viewed or used by individuals under the age of 18 without the supervision of a parent or guardian aged 18 years or above. Beautymall Wholesale relies upon parents and guardians to determine if any Content or items available on the website are appropriate for the viewing, access or purchase by minors. If a User is under 13 years old, this user may not, even under the supervision of a parent or guardian, make any Submissions.
8.7 Sweepstakes, Contests, Promotions
Any sweepstakes, contests or similar promotions made available through the website will be governed by specific rules separate from these Terms, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.
8.8 Communications
Unless otherwise provided, you consent to receive communications from Beautymall Wholesale by e-mail. Beautymall Wholesale will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that Beautymall Wholesale provides to you in this manner satisfy any legal requirement that such communications be in writing. In the event where you elect not to provide any direct method of communications to Beautymall Wholesale and strictly rely on notices posted on the website by Beautymall Wholesale for communication purposes, you acknowledge and agree that Beautymall Wholesale shall have no obligation to contact and/or communicate with you directly for whatever purposes; and where loss, cost, damage, expense and/or liability of any kind are incurred (whether directly or indirectly) as a result of your election, Beautymall Wholesale shall be indemnified and held harmless by you for and against all such loss, cost, damage, expense and/or liability of any kind.
8.9 Sanctions
"International Sanctions" indicates economic or financial sanctions, requirements or trade embargoes imposed, administered or enforced from time to time by U.S. government authorities (including but not limited to the Treasury Department's Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, and the U.S. Department of Commerce), the United Nations Security Council, the European Union, Australia or the United Kingdom government, including Her Majesty's Treasury.
As a condition to obtaining the right to use the website, you represent and warrant that you (including the company on whose behalf you are using the website) are not:
Ordinarily resident, located, organized, established or domiciled in Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);
- Designated on any list of restricted parties maintained by the United Nations Security Council, the U.S. Government (including the Specially Designated Nationals list, Foreign Sanctions Evaders list and the Sectoral Sanctions Identification list maintained by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or the U.S. Department of Commerce's Bureau of Industry and Security ("BIS")'s Entity List, Denied Persons List, or Unverified List) or other restricted parties lists maintained by the European Union, Australia and the United Nations;
- Any agency, instrumentality or otherwise a part of the government of any of the following countries/territories: Venezuela, Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);
- Owned (at 50% or greater level) or controlled, directly or indirectly, by, or acting on behalf of, any individual, entity or the government that is described under (a) through (c) of this section; and
- Using, and will not use, the website to sell any products originating from, or to procure products that are ultimately destined for, Cuba, Iran, North Korea, Syria or the Crimea region (including Sevastopol).
You represent and warrant that, in using services under this Terms, you will comply with all United States, European Union, United Nations, Australia, the United Kingdom and other Sanctions that might be applicable to Beautymall Wholesale or any of its group companies (the "Group") and you. Beautymall Wholesale may take any actions that it deems appropriate for it to confirm compliance with applicable Sanctions and you hereby confirms that you will not take any actions, including the sale, distribution or delivery of any products of the Group covered under this Terms that would cause the Group or you to violate any applicable Sanctions.
SECTION 9 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The site and all information, content (including third-party content), materials, products and services included on or otherwise made available through the site are provided by Beautymall Wholesale on an "as-is" and "as-available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement and your use of all products (including without limitation all cosmetic and personal care products) included on, sold through or otherwise made available through the site is at your sole risk. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable. No Beautymall Wholesale party makes any, and to the full extent permitted by applicable law, each of the Beautymall Wholesale parties disclaims all, representations or warranties of any kind, express or implied, as to the operation of the site or the information, content (including third-party content), applications, materials, products (including cosmetic products, personal care products and contact lenses), or services included on, sold through or otherwise made available through the site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. No Beautymall Wholesale party guarantees or warrants the performance of any supplier or other third party, including any such third party's conformance, or the conformance of any third party's product or description thereof, to any law, rule, regulation or policy. We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill; or any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us). Neither Beautymall Wholesale nor any other Beautymall Wholesale party represents or warrants that the site (including the usage of applications or software), its servers or e-mail sent from Beautymall Wholesale (or any part of it) are free of viruses or other harmful components or that the site will operate without interruption or that the site will be defect or error free. You agree that no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk
No Beautymall Wholesale party will be liable in any case for any damages of any kind arising from, related to or in any way connected with the site, the information, content (including third-party content), applications, materials, products (including cosmetic products, personal care products and contact lenses) or services included on, sold through or otherwise made available through the site, the use of the site, any submissions, any links on the site, any applications, any e-mail sent from Beautymall Wholesale or any third party's unauthorized access to your personal information, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether any Beautymall Wholesale party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of theBeautymall Wholesale parties arising from or related to any product ordered from the site (including cosmetic products, personal care products, and contact lenses), regardless of the form of action or claim, is limited to the purchase price of such product.
The disclaimers regarding warranties as to products in the immediately preceding paragraph do not apply to the extent of any applicable explicit written Beautymall Wholesale warranty (as defined above).
The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.
Without limitation to the foregoing, you expressly agree that your use of the site is at your sole risk.
SECTION 10 – APPLICABLE LAW AND DISPUTES
10.1 Applicable Law
The website is controlled, operated and administered by Beautymall Wholesale(or its licensees or agents) from its offices within Hong Kong and is not intended to subject Beautymall Wholesale to the laws or jurisdiction of any state, country or territory other than that of Hong Kong . By visiting the website, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Beautymall Wholesale or any other Beautymall Wholesale Party.
All use of the site, submissions, the licenses granted hereunder, content on the append transactions concluded through the website, including purchases of products on the site, shall be deemed to be conducted under and governed by the laws of Hong Kong.
10.2 Disputes
Any dispute, controversy or claim relating in any way to the website (including, without limitation, your visit to and use of the website), to your Submissions, to the licenses granted hereunder or to products you purchase through the website shall be submitted to confidential binding arbitration in Hong Kong conducted under the Laws of Hong Kong, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Beautymall Wholesale or any affiliate or licensor of Beautymall Wholesale, Beautymall Wholesale may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an official certified English translation thereof. The arbitrator shall state the reason upon which the award is based.
SECTION 11 – GENERAL
11.1 Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms.
11.2 Delay in Enforcement
No delay or failure to take action under these Terms shall constitute any waiver by Beautymall Wholesale or (if applicable) Beautymall Wholesale Party of any provision of these Terms.
11.3 Complete Agreement
These Terms, together with Beautymall Wholesale's Privacy Policy and any other policies posted on the website from time to time, constitute the complete agreement between you and Beautymall Wholesale with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Beautymall Wholesale.
11.4 Indemnification
You agree to defend, indemnify and hold harmless Beautymall Wholesale and the other Beautymall Wholesale Parties and all of our directors, employees, and contractors from and against any and all claims, damages, costs and expenses, including attorneys' fees, or other liability which may be incurred by us arising from or related to the use of the website and any Content available on the website, any breach of these Terms covenants, warranties, representatives, agreements herein and/or any Submissions submitted, in each case by you or any user of any of your accounts.
11.5 Modification to Terms
Beautymall Wholesale reserves the right, at its sole discretion, to change, add or remove portions of these Terms from time to time without providing any prior notification. It is your responsibility to check these Terms each time before using the website. The amended Terms are effective from the date they are published on the website. Your continued access and use of the website and our service following the posting of changes will mean that you unconditionally accept and agree to the latest version of the Terms. You agree that all subsequent purchases by you, all Submissions and all other uses of the website will be subject to the terms and conditions of these Terms, which shall apply until Beautymall Wholesale posts a modified Terms and then in accordance with such modified Terms.
11.6 No Third Party Rights
Subject to the next paragraph, no person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (the "Third Parties Ordinance") to enforce or enjoy the benefit of any of these Terms and any contract associated therewith between such parties.
Any Beautymall Wholesale Party may, by virtue of the Third Parties Ordinance, rely on any provision of these Terms and any contract associated therewith between parties to these Terms and its counterparts (if any) only if and to the extent that such provision:-
- (a) expressly limits or excludes liability of that Beautymall Wholesale Party; or
- (b) expressly confers other rights or benefits on that Beautymall Wholesale Party (including without limitation any indemnity).
SECTION 12 – CONTACT INFORMATION
Beautymall Wholsale's office is situated at the address provided below. Please be aware that this office address does not accept returns of goods and the phone number mentioned above is solely intended for administrative purposes.
For any inquiries regarding product details, order status, or the Terms and Conditions, kindly reach out to us via email at [email protected]
Phone: (+852) 9842-7963
Address:
West Wing 2/F,
822 Lai Chi Kok Road,
Cheung Sha Wan, Kowloon