Wholesale Policies

WHOLESALE TERMS AND CONDITIONS OF USE

Rev. October 24, 2022

The following “Terms and Conditions” (referred to as both “Terms and Conditions” and/or the “Agreement”.) apply to the Southwest Cosmetics website (www.mensevolutionscosmetics.com). Terms and Conditions appear or are linked (collectively, the “Site”). This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. PLEASE READ IT CAREFULLY.

By placing an order for products from this website (the “Site”), you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that, if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms.

You may not order or obtain products from this website if you (i) do not agree to these terms, (ii) are not older of at least 18 years of age or the legal age to form a binding contract with Southwest Cosmetics or (iii) are prohibited from accessing or using this website or any of this website’s contents or products by applicable law.

Southwest Cosmetics reserves the right to modify these Site Terms in our sole discretion from time to time and only Southwest Cosmetics has the right to do so. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.

1. TRADEMARK

The Men’s Evolution® logo and all products are registered trademarks of Southwest Cosmetics, its subsidiaries, affiliates or licensors. Any unauthorized use or abuse of these trademarks is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law. All Site products are owned by us and are protected by United States and international copyright, trademark and other laws. Men’s Evolution®, and their respective designs and/or logos may not be copied, imitated or used, in whole or in part, without the prior written permission of Southwest Cosmetics. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Southwest Cosmetics, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Southwest Cosmetics. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. (only if they sell other brands).

2. UNITED STATES USAGE

The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Site. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Site. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods.

3. LICENSE AND SITE ACCESS

Southwest Cosmetics grants you a limited license to make personal and commercial use of the Site. Such grant does not include, without limitation: (a) any resale at a lower price; (b) modification, adaptation from any of the Site; (c) copying, imitating, reproducing and distributing any Site Materials (including any Southwest Cosmetics trademarks) in any form or by any means; (d) the collection and use of any product listings or descriptions; or (e) making derivative uses of the Site and any Site Materials; You may not use any Southwest Cosmetics’ name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

4. ORDER ACCEPTANCE

You agree that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may chose not to accept order at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered, if, for example, the products are no longer available.

5. PRICES AND PAYMENT TERMS
   1. All prices, discounts, and promotions posted on this site are subject to change without notice. The price charged for a product will be the price advertised on this site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping. All such charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information however we may, on occasion, make inadvertent typographical error, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Southwest Cosmetics is higher than our stated price, we will at our discretion, either contact your for instructions before shipping or cancel your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
   2. Payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

1. SHIPMENTS & DELIVERY
   1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and insurance charges unless otherwise specified in the order confirmation. If your order is returned as undeliverable, you will be responsible for a charge in addition to all expenses incurred by us.
2. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
   
   
   
3. RETURNS & REFUNDS

We will accept a return of the products for a refund of your purchase price, less the original shipping costs, provided such return is made within 30 days of purchase with valid proof of purchase and provided such products are returned in saleable condition in the original manufacturer’s packaging. We may accept returns after 30 days under certain circumstances. Please contact us for details.

To return products, you must email us at info@mensevolutiuoncosmetics.com to obtain a “Return Authorization”. No returns of any type will be accepted without a “Return Authorization”. Once we provide a “Return Authorization”, we will send you a return label at no cost to you. Please allow 48 hours for return labels to be issued. “Return Authorization’s” expire 30 days after the return label is issued.

Shipping, insurance, additional fees and promotional coupons are not included in the refund amount. Special orders cannot be returned. Salon equipment/furniture is subject to a 20% restocking fee and the customer is responsible for the return shipping charges. Final sale items cannot be returned, exchanged, or refunded.

We will replace/refund any item(s) that are damaged in transit, defective upon receipt or mis-shipped, provided you report the same to us within 7 days of your receipt. Carefully examine your order and report any issues within 7 days of receipt. Please report freight damage within 48 hours of receipt.

Refunds are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

8. RISK OF LOSS

The risk of loss for products purchased on the Site passes to the purchaser upon delivery by the carrier.

9. RESALE & WHOLESALE

You may not sell or resell any products you purchase or otherwise receive from Southwest Cosmetics at a lower price as stated in our Site. Southwest Cosmetics reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Southwest Cosmetics in its sole discretion. Wholesale customers may sell or resell any products at a suggested price by Southwest and that cannot be less than 70% of the gross margin.

Ex: A product purchased at $10.00 must be sold at least at $17.00 This is for salons. For a company that wants to sell products online, the rule is to apply 100% gross margin, buy for $10.00 sell for $20.00. Pricing for items on www.mensevolutioncosmetics.com may be different from prices available through our resellers (Beauty Shops) stores.

10. LIMITATION OF LIABILITY
    1. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of
       1. Whether such damages were foreseeable,
       2. Whether or not we were advised of the possibility of such damages,

• The legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

1. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products you have ordered through our site.
2. DISCLAIMER ON BEAUTY PRODUCTS

Southwest Cosmetics sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products. Southwest Cosmetics will endeavor to provide to Customers product labeling information, however, Southwest Cosmetics is not the manufacturer of all of the Beauty Products it sells. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, in product descriptions or otherwise, Southwest Cosmetics may rely upon advice from third-party manufacturers and from licensed beauticians. As to any products of which Southwest Cosmetics is not the manufacturer, Southwest Cosmetics will, upon request, endeavor to identify the manufacturer of such product and provide to the Customer contact information for the manufacturer.

12. NOTICES
    1. We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting to the Site. It is your responsibility to keep your email address current.
    2. To give us notice under these Terms, you must contact us as follow: by completing our “Contact Us” form or by personal delivery, overnight courier or registered or certified mail to P.O. Box 490401 Everett, MA 02149. We may update our contact information by posting a notice on the Site.

13. ONLINE CONDUCT

Any conduct by a person that in Southwest Cosmetics’ sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

14. USER COMMENTS, FEEDBACK, POSTS

You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, “Comments”) as long as your Comments do not contain any Prohibited Content. “Prohibited Content” means Content that:

• is threatening, defamatory, hateful, harassing, abusive, or obscene;
• violates the right of privacy or right to publicity;
• is false, deceptive, or otherwise misleading;
• infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
• contains any software virus or other malware;
• includes any commercial or political solicitation;
• violates any local, state, or federal law or regulation;
• impersonates another person or entity;
• includes any advertisement, pyramid scheme, or other “spam;” and/or
• is otherwise objectionable or non-family-friendly as determined by Southwest Cosmetics in its sole discretion.

Although Southwest Cosmetics cannot monitor all Comments, Southwest Cosmetics reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Southwest Cosmetics for all claims resulting from any such Comments. Southwest Cosmetics has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.

Southwest Cosmetics does not claim ownership of any Comment. However, you agree that Southwest Cosmetics is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Southwest Cosmetics’ (and its successors and assigns)’ business. You grant Southwest Cosmetics a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sub licensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Southwest Cosmetics the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.

You represent and warrant that:

• you own or otherwise control all of the rights to any Comment;
• use of any Comment supplied by you will not violate this Agreement; and
• the Comment will not cause injury to any person or entity.

Southwest Cosmetics takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.

15. PASSWORDS & SECURITY

If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Southwest Cosmetics immediately. Southwest Cosmetics reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. 

While Southwest Cosmetics takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Southwest Cosmetics communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Southwest Cosmetics may rely on the authority of anyone accessing your account or using your password and in no event will Southwest Cosmetics be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Southwest Cosmetics under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.

16. CONTACT US

If at any time you need assistance or are experiencing difficulties using the Site, please contact Customer Service via phone or email; or write us at:

Southwest Cosmetics
Customer Service
P.O. Box 490401
Everett, MA 02149