Terms of service
Customers are responsible for providing a complete and accurate shipping address when placing an order. Please review your shipping information carefully before submitting your order.
We cannot guarantee that an address can be changed after an order has been submitted. If an incorrect or incomplete address causes an order to be delayed, misdelivered or returned to Kossma Beauty LLC, the customer will be responsible for any additional shipping charges required to resend the order.
OVERVIEW
This wholesale website is operated by Kossma Beauty LLC. Throughout the site, the terms “we,” “us” and “our” refer to Kossma Beauty LLC.
Kossma Beauty LLC offers this website, including all information, tools, products and services available through the site, to approved wholesale customers, conditioned upon acceptance of these Terms of Service and any additional policies referenced on the site.
By accessing this website, applying for a wholesale account or purchasing products from us, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access the wholesale store or use its services.
We reserve the right to update or replace any part of these Terms by posting changes to this page. Your continued use of the wholesale store after changes are posted constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the ecommerce platform that allows us to offer our products and services to you.
SECTION 1 – WHOLESALE ACCOUNT ELIGIBILITY
This website is intended for approved businesses purchasing Kossma Beauty LLC products for legitimate commercial resale.
By applying for a wholesale account or placing a wholesale order, you represent that:
- You are legally authorised to act on behalf of the business associated with the account.
- The information provided in your application and account is current, complete and accurate.
- You hold any licences, permits or resale certificates required to purchase and resell our products.
- You are purchasing our products for legitimate commercial resale and not primarily for personal use.
Approval of a wholesale account is at our sole discretion. We may approve, decline, suspend or terminate a wholesale account at any time.
Wholesale accounts, pricing and login credentials are provided solely to the approved business named on the account. They may not be transferred, shared or used by another person or business without our written permission.
You are responsible for maintaining the confidentiality of your account credentials and for all orders and activity conducted through your account.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service, decline an application, cancel an order or restrict access to the wholesale store at our discretion.
You may not use our website, products or services for any illegal, fraudulent or unauthorised purpose. You must comply with all applicable federal, state and local laws relating to your business and the resale of our products.
You must not transmit viruses, malicious code or any material that could interfere with the operation or security of the website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or Service without our express written permission. This restriction does not prevent an approved wholesale customer from reselling genuine Kossma Beauty LLC products in accordance with these Terms.
The headings used in these Terms are included for convenience and do not limit or otherwise affect the Terms.
SECTION 3 – WHOLESALE ORDERS
Submission of an order does not guarantee acceptance. All orders are subject to our review, product availability and approval.
We reserve the right to accept, refuse, limit or cancel any order at our discretion. This may include orders that:
- Exceed available inventory.
- Contain incorrect pricing or product information.
- Do not meet an applicable minimum order requirement.
- Appear fraudulent or unauthorised.
- Violate these Terms or another Kossma Beauty LLC policy.
- Are inconsistent with the approved use of the wholesale account.
We may limit or cancel quantities purchased under the same wholesale account, payment method, billing address or shipping address.
If we modify or cancel an order, we may attempt to notify you using the email address or telephone number provided with the order.
SECTION 4 – PRICES AND PAYMENT
Wholesale prices are available only to approved wholesale customers and are subject to change without notice.
Prices displayed when an order is submitted are not guaranteed if they result from a technical, typographical or pricing error. We reserve the right to correct errors and cancel or adjust an affected order before fulfilment.
Unless separate written payment terms have been approved by Kossma Beauty LLC, payment is due in full when the order is placed.
You agree to provide current, complete and accurate billing, payment and account information for all purchases.
You agree to promptly update your account information, including your business details, email address, billing information and payment details, so that we can complete transactions and contact you when necessary.
The wholesale customer is responsible for any applicable taxes, duties, fees or other charges associated with an order unless Kossma Beauty LLC is legally required to collect them.
When claiming a sales-tax or resale exemption, you are responsible for providing current and valid exemption documentation.
SECTION 5 – PRODUCTS AND AVAILABILITY
Wholesale products are offered for commercial resale by approved wholesale customers. Product availability and quantities may be limited.
We reserve the right to limit the sale of products to any customer, geographic region, jurisdiction or sales channel. We may exercise this right on a case-by-case basis.
Product descriptions, ingredients, packaging, quantities, availability and prices may be changed without notice.
We reserve the right to modify or discontinue any product at any time.
We make reasonable efforts to display product colours and images accurately. However, we cannot guarantee that the display on your device will accurately represent the appearance of a physical product.
Minor variations in colour, texture, scent, consistency or packaging may occur between batches and do not necessarily indicate that a product is defective.
Nothing on this website constitutes medical advice. Wholesale customers must not make false, misleading, unauthorised or legally non-compliant health, medical or product claims when advertising or reselling Kossma Beauty LLC products.
SECTION 6 – SHIPPING AND DELIVERY
Shipping and delivery dates are estimates only and are not guaranteed.
Kossma Beauty LLC is not responsible for delays caused by shipping carriers, weather, natural disasters, supply interruptions, incorrect addresses or other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address. We cannot guarantee that shipping information can be changed after an order has been submitted.
If an order is returned because of an incorrect or incomplete address, refusal of delivery, failure to collect the shipment or another circumstance attributable to the customer, the customer will be responsible for any additional shipping charges required to resend the order.
Risk of loss or damage during shipment will transfer in accordance with applicable law and the terms of the shipping carrier, except where an approved damaged-product claim applies.
Please inspect your shipment promptly after delivery.
SECTION 7 – RETURNS, DAMAGE AND DEFECTS
All wholesale orders are final sale and are not eligible for return or exchange unless products are received damaged or defective.
Damaged or defective products must be reported to Kossma Beauty LLC within 5 days of receiving the order. Claims submitted after this period may not be eligible for a replacement, credit or refund.
To report damaged or defective products, please email wholesale@kossma.com and provide:
- Your wholesale order number.
- A description of the damage or defect.
- The name and quantity of the affected products.
- Clear photographs of the affected products and their packaging.
Please retain the products, shipping carton and packaging until your claim has been reviewed. Do not return or dispose of any product unless instructed to do so by Kossma Beauty LLC.
At our discretion, an approved claim may be resolved through a replacement, account credit or refund.
Approved refunds will be issued to the original payment method. Processing times may vary depending on the customer’s bank or payment provider.
Original and return shipping charges are non-refundable unless otherwise approved by Kossma Beauty LLC as part of a damaged or defective product claim.
Additional information is available in our Wholesale Return and Refund Policy.
SECTION 8 – WHOLESALE RESALE RESTRICTIONS
Products purchased through a Kossma Beauty LLC wholesale account may only be resold by the approved wholesale customer and through sales channels authorised by Kossma Beauty LLC.
Kossma Beauty LLC products may not be listed, advertised, distributed or sold on Amazon or through any Amazon marketplace account.
Wholesale customers may not directly or indirectly supply Kossma Beauty LLC products to another person or business when they know or reasonably suspect that the products will be listed or resold on Amazon.
Wholesale customers may not represent themselves as Kossma Beauty LLC, an official Kossma Beauty LLC store or an agent of Kossma Beauty LLC.
Wholesale products must not be altered, relabelled, repackaged, diluted, combined with other products or sold with removed or obscured batch information unless Kossma Beauty LLC has provided prior written permission.
Wholesale customers are responsible for storing and handling products appropriately and for following any product-specific storage, shelf-life or safety instructions provided by Kossma Beauty LLC.
A violation of this section may result in:
- Cancellation of pending orders.
- Suspension or termination of the wholesale account.
- Refusal of future wholesale orders.
- Any other remedies available to Kossma Beauty LLC under applicable law.
SECTION 9 – INTELLECTUAL PROPERTY AND BRAND MATERIALS
The Kossma Beauty name, trademarks, logos, product names, product images, written content, packaging designs and other brand materials are owned by or licensed to Kossma Beauty LLC.
Approved wholesale customers may use product information and brand materials supplied or expressly approved by Kossma Beauty LLC solely for the legitimate advertising and resale of genuine Kossma Beauty LLC products.
Wholesale customers may not:
- Alter our trademarks or logos.
- Use our intellectual property in a misleading or unlawful manner.
- Register a business name, domain name, social-media account or marketplace name containing “Kossma” or a confusingly similar term.
- Use product images or written content for products not purchased from Kossma Beauty LLC.
- Suggest that Kossma Beauty LLC endorses claims, promotions or business activities that we have not approved.
Permission to use our brand materials ends when the wholesale relationship or account is terminated.
SECTION 10 – ACCURACY OF WEBSITE INFORMATION
We make reasonable efforts to ensure that information on this website is accurate and current. However, information may occasionally contain errors, inaccuracies or omissions.
Website material is provided for general information and should not be relied upon as the sole basis for making decisions where more complete or current information is required.
We reserve the right to correct errors, update information or modify website content at any time without prior notice.
SECTION 11 – MODIFICATIONS TO THE SERVICE
We reserve the right to modify, suspend or discontinue the wholesale website, Service or any part of it at any time without notice.
We will not be liable to you or any third party for a modification, price change, suspension or discontinuance of the Service.
SECTION 12 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools or services that we do not control or monitor.
Access to third-party tools is provided “as is” and “as available” without warranties, representations or endorsements of any kind.
Your use of third-party tools is at your own risk and discretion. You are responsible for reviewing and accepting the terms of the relevant third-party provider.
SECTION 13 – THIRD-PARTY LINKS
Our website may contain links to third-party websites that are not affiliated with Kossma Beauty LLC.
We are not responsible for examining or evaluating the content, accuracy, policies, products or services of third-party websites.
We are not liable for loss or damage relating to purchases, transactions or interactions involving third-party websites. Please review the third party’s policies before completing a transaction.
SECTION 14 – USER CONTENT AND FEEDBACK
If you send us comments, reviews, suggestions, photographs, ideas or other materials, you grant Kossma Beauty LLC a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit and publish those materials for legitimate business and promotional purposes, unless otherwise agreed in writing.
You represent that material submitted by you does not violate another party’s intellectual property, privacy or other legal rights and does not contain unlawful, defamatory, misleading or malicious content.
You are responsible for the content and accuracy of your submissions.
SECTION 15 – PERSONAL INFORMATION
Your submission of personal information through the wholesale store is governed by our Privacy Policy.
SECTION 16 – PROHIBITED USES
In addition to other restrictions in these Terms, you may not use the website, Service or its content:
- For an unlawful or fraudulent purpose.
- To violate any applicable law or regulation.
- To infringe our intellectual property rights or the rights of another party.
- To submit false, misleading or inaccurate information.
- To upload or transmit malicious code.
- To collect or track another person’s information unlawfully.
- To spam, phish, scrape, crawl or interfere with the operation of the website.
- To circumvent website security or account-access restrictions.
- To obtain wholesale pricing or products for an unauthorised person, business or sales channel.
- To engage in conduct that could reasonably damage Kossma Beauty LLC, its customers, reputation or brand.
We reserve the right to suspend or terminate access to the Service for violating these restrictions.
SECTION 17 – DISCLAIMER OF WARRANTIES
We do not guarantee that use of the website or Service will be uninterrupted, timely, secure or error-free.
The website and Service are provided “as is” and “as available,” except where otherwise expressly stated or required by law.
To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Nothing in these Terms excludes a warranty, right or remedy that cannot legally be excluded.
SECTION 18 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Kossma Beauty LLC and its owners, directors, officers, employees, affiliates, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, punitive, special or consequential damages arising from:
- Your use of or inability to use the website or Service.
- Your purchase, storage, advertising, resale or use of our products.
- Loss of profits, revenue, customers, data or business opportunities.
- Errors or omissions in website content.
- Service interruptions or actions by third-party providers.
Where liability cannot be excluded, our liability will be limited to the maximum extent permitted by applicable law.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kossma Beauty LLC and its owners, directors, officers, employees, affiliates, agents, contractors, suppliers and service providers from claims, liabilities, losses, damages and reasonable legal expenses arising from:
- Your breach of these Terms or another policy incorporated into them.
- Your advertising, handling, storage, distribution or resale of our products.
- False, misleading, unauthorised or unlawful claims made by you about our products.
- Your violation of applicable law or the rights of another party.
- Your negligence, misconduct or unauthorised use of our intellectual property.
SECTION 20 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law.
The unenforceable portion will be treated as severed from these Terms and will not affect the validity or enforceability of the remaining provisions.
SECTION 21 – TERMINATION
These Terms remain effective unless terminated by either you or Kossma Beauty LLC.
You may stop using the Service at any time. Any outstanding payment, confidentiality, resale, intellectual-property or other obligations incurred before termination will continue to apply.
If we believe that you have failed to comply with these Terms, we may, without prior notice:
- Suspend or terminate your wholesale account.
- Cancel pending orders.
- Refuse future orders.
- Revoke permission to use our intellectual property or brand materials.
- Take other action available under applicable law.
You will remain responsible for all amounts owed up to and including the termination date.
SECTION 22 – ENTIRE AGREEMENT
These Terms and any policies or operating rules posted on the wholesale website constitute the entire agreement between you and Kossma Beauty LLC regarding your use of the Service and wholesale purchases.
These Terms supersede previous communications or versions of the Terms relating to the same subject matter, except for a separate written agreement signed by an authorised representative of Kossma Beauty LLC.
Our failure to exercise or enforce a provision of these Terms does not waive our right to enforce it later.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements through which Kossma Beauty LLC provides products or Services will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law principles.
SECTION 24 – CHANGES TO THESE TERMS
You can review the current version of these Terms of Service on this page at any time.
We reserve the right to update, change or replace any part of these Terms by posting revisions to the wholesale website.
Your continued use of the wholesale website or placement of an order after changes are posted constitutes acceptance of the revised Terms.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to wholesale@kossma.com.
Kossma Beauty LLC
8029 East Pecos Road, Suite 104
Mesa, Arizona 85212
United States
