Terms & Conditions
Our terms and conditions provide you with clarity
+ confidence. These terms ensure a smooth buying experience for all our valued
retailers.
Some Basic Terms of Agreement
Who Are We?
- Welcome to Modus Beauty Distributors. Modus Beauty Distributors will be referred to as
"Company," "we," "us," or "our" in
these terms and conditions.
- We manage and operate the
website https://modusbeauty.com/
, along with any related products and services.
- These Terms of Service (“Terms”)
form a legally binding agreement between you and Modus Beauty
Distributors concerning your access to and use of our Services.
Watch Out for Additional Terms and Policies
- Additional terms and conditions may be posted on our website occasionally. These additional terms will
be included in these Terms.
- Our Privacy Policy, Shipping
Policy, Return Policy, and any other relevant policies are automatically
incorporated into these Terms and can be found on our Site.
We Modify and Update Our Terms Regularly
- We might modify or replace
these Terms at any time in light of best industry practices. Changes
will be effective immediately upon posting the updated Terms on the Site.
- Please review these Terms
periodically to stay informed of updates. Continuing to use our Services
after any changes means you accept the modified Terms.
Our Expectations From You
- You will use our services only
for lawful purposes and in accordance with these Terms.
- You will maintain the confidentiality
of your account and password and restrict access to your computer.
Governing Law of this Agreement
- These Terms and your use of the services
are governed by and construed in accordance with the laws of the State
of North Carolina.
- No joint venture, partnership,
employment, or agency relationship is established
between you and us through these Terms or the use of the Services.
We Appreciate Your Consent to This Agreement
- By accessing our Services, you
acknowledge that you have read, understood, and agree to be bound by
these Terms.
- By accepting these Terms, you
waive any defenses based on the electronic format of these Terms and
the absence of physical signatures from the parties involved.
- If you do not agree with all of
these Terms, you are expressly prohibited
from using our Services and must discontinue use immediately.
Prohibited Activities
- Use the Services exclusively for
their designated purposes, and any commercial use requires explicit
endorsement by us.
- Unauthorized retrieval of data
from the Services for compilation or database creation is prohibited
without our written consent.
- Deceptive practices, including attempting to obtain sensitive account information or
misleading others, are prohibited.
- Actions that could harm our
reputation or that of the Services,
including using obtained information for harassment, are prohibited.
- Misuse of support services,
submission of false reports, or engaging in activities contrary to
applicable laws or regulations is not allowed.
- Uploading or transmitting malicious
software or materials that disrupt or alter the Service functionality
is prohibited.
- Engagement in automated system
usage, such as data mining or utilizing robots, is not allowed.
- Impersonating another user or harassing our staff is prohibited.
- Attempts to bypass security
measures or interfere with the service's
operation are not permitted.
- Unauthorized use of the Services, including collecting user information for unsolicited purposes or
creating accounts under false pretenses, is prohibited.
- Selling or transferring user profiles is prohibited.
Our IP Rights
- We are the owner or licensee
of all intellectual property rights in our Services. This includes all
source code, databases, functionality, software, website designs, and text
in the Services, as well as the trademarks, service marks, and logos.
- Subject to your compliance with
these Terms, we grant you a non-exclusive, non-transferable, revocable
license to access the Services and download or print a copy of any
portion of the Content to which you have properly gained access, solely
for your internal business purposes.
- Except as expressly provided in
these Terms or elsewhere, no part of the Services and no Content or
Marks may be copied, reproduced, aggregated, republished, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose without our
express prior written permission.
- We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
We Appreciate Honest and Truthful Information
- By utilizing the Services, you
assert and guarantee that all registration information provided is
true, accurate, and complete, and you commit to maintaining its accuracy.
- You affirm that you possess the
legal capacity to comply with these Terms and that you are not a minor
in your jurisdiction of residence.
- You agree not to access the
Services through automated or non-human means nor to utilize them
for any illegal or unauthorized purposes.
- You agree that your usage of the
Services will not violate any applicable law.
- Should any information provided
prove to be false, inaccurate, outdated, or incomplete, we reserve the right
to suspend or terminate your account and deny future access.
Be Careful About the Representation of Products
- Electronic displays may not
exactly replicate product colors and details.
- We try to accurately depict the colors, features, specifications, and details of our products
on the Services but cannot guarantee absolute precision.
- We explicitly disclaim any
guarantee regarding the accuracy, completeness, reliability, or
error-free nature of the product details.
Purchases, Payments, and Pricing Policy
- All products are subject to
availability, and we do not guarantee perpetual stock availability.
- We retain the right to cease
the availability of any products at any time without prior
notification.
- Prices for all products are subject
to modification without prior notification.
- Accepted methods of payment include cash, ACH, wire transfer, Discover, American Express,
Mastercard, and Visa card.
- Timely updates, including email
address, payment method, and payment card expiration date, are necessary
for transaction completion and communication purposes.
- Sales tax will be added to purchase prices as necessary, with prices subject to change at
any time.
- You agree to pay the set
prices for purchases and associated shipping fees.
- Quantity restrictions may apply per person or order at our discretion.
- Our company is not responsible
for any excise or OTP taxes unless otherwise specified on your invoice
as “Tax Paid” with the respective tax ID by state.
- We advise you to consult your
local jurisdiction for any excise tax requirements.
- By placing an order, you
authorize us to charge your designated payment method for the total
amount.
- We reserve the right to rectify
pricing errors, even after payment has been processed.
- We may refuse any order
placed through the Services.
We Can Use Your Submissions
- By sending us any questions,
comments, suggestions, ideas, feedback, or other information about the
Services (“Submissions”), you agree to transfer all IP rights in
such Submissions to us.
- You acknowledge that we will
own these Submissions and have the right to use and distribute them
without acknowledgment or compensation to you for any lawful purpose,
commercial or otherwise.
- You are solely responsible for the content you post or upload.
Guidelines for Reviews
- You may leave reviews or
ratings on designated areas of the Services.
- Reviews must adhere to specific
criteria, including firsthand experience,
avoiding offensive language, and refraining from discriminatory
references.
- Reviews should not contain
references to illegal activities or make false statements.
- Affiliation with competitors
while posting negative reviews is prohibited.
- Users should refrain from drawing
conclusions about the legality of conduct and from organizing review
campaigns.
- The platform reserves the
right to accept, reject, or remove reviews at its discretion.
- Reviews are not endorsed by the
platform and do not reflect its opinions
or those of its affiliates.
- The platform assumes no
liability for reviews or any resulting claims, liabilities, or losses.
Terms for Third-Party Links
- Our platform may contain links
to third-party websites, applications, or services that are not owned
or operated by us. These links are provided solely for convenience and
informational purposes.
- We do not endorse, control, or
assume responsibility for the content, privacy policies, or practices
of any third-party websites, applications, or services linked to or from
our platform.
- You acknowledge and agree that we
shall not be liable for any loss, damage, or harm incurred as a result
of accessing or using any third-party websites, applications, or
platform-linked services.
- You are encouraged to review
the terms of use and privacy policies of any third-party websites,
applications, or services you visit through links provided on our
platform.
- Any concerns or complaints
regarding third-party websites, applications, or services should be
directed to the respective third-party operators. We are not responsible
for addressing or resolving such concerns or complaints.
- We reserve the right to remove
or disable any third-party links on our platform at our discretion,
without prior notice or liability, if we deem them to be inappropriate,
harmful, or in violation of our terms and conditions.
Services Disclaimer
- Use of the Services will be at
your sole risk. To the fullest extent permitted
by applicable law, we disclaim all warranties, express or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement.
- The information provided
through our Services is not intended for distribution or use in any
jurisdiction where it would be contrary to applicable laws or regulations
or which would impose any registration requirement on us within such
jurisdiction or country.
- We make no warranties or
representations regarding the accuracy or completeness of the content
provided through the Services or the content of any linked websites or
mobile applications. We assume no liability for any errors or inaccuracies
in such content.
- We shall not be liable for any personal injury, property damage, unauthorized access to or
use of secure servers, interruption of transmission, viruses, or any
errors or omissions in the content, materials, or products available
through the Services.
- Users who access the Services
from outside our primary operating region do so on their own
initiative and are responsible for ensuring compliance with all applicable
local laws.
- We do not warrant, endorse, or
guarantee any products or services
advertised or offered by third parties through the Services. We will not
be responsible for monitoring any transactions between you and such
third-party providers.
- Modus Beauty Distributors shall
not be liable for any special or consequential
damages arising from the use of the materials on this site or the
performance of the products, even if Modus Beauty Distributors has been
advised of the possibility of such damages.
Warranty Disclaimer
- Our company operates as an
intermediary platform facilitating transactions between customers and
a variety of suppliers.
- Warranty coverage for products procured through our platform is determined exclusively by the
policies set forth by the individual suppliers.
- You must thoroughly review the
warranty information provided by the respective suppliers before
finalizing the purchase decisions. This ensures a clear understanding of
the scope of warranty coverage and any associated terms or limitations.
- As part of our commitment to
customer satisfaction, we offer assistance in navigating the warranty
claim process by providing access to supplier-specific warranty
guidelines.
- Customers are encouraged to consult
the warranty documentation provided by the supplier for detailed
information regarding warranty coverage, including eligibility criteria,
duration, and any applicable exclusions or exceptions.
- Our primary objective is to facilitate
transparent communication between customers and suppliers regarding
warranty-related inquiries or claims.
Limitations of Liability
- Our company, along with its
directors, employees, or agents, shall not be held liable for any
direct, indirect, consequential, exemplary, incidental, special, or
punitive damages arising from your use of the Services.
- This includes but is not limited
to lost profits, lost revenue, loss of data, or any
other damages incurred.
- We shall not be held responsible
or liable for any loss, damage, delay, or
failure to act resulting from any cause beyond our reasonable control.
- Should any provision or
portion of these Terms be deemed unlawful, void, or unenforceable,
such provision or portion thereof shall be considered severable from these
Terms without affecting the validity and enforceability of the remaining
provisions.
We Appreciate Your Indemnification
- You agree to indemnify, defend, and hold our company, affiliates, officers, agents, partners,
and employees harmless from any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, arising from:
- Your use of the Services.
- Breach of these Legal Terms.
- Violation of your
representations and warranties outlined in these Legal Terms.
- Infringement upon the rights of
a third party, including intellectual property rights.
- Any harmful act toward another
user of the Services.
- We reserve the right, at your expense, to assume exclusive defense and control of any
matter for which you are obligated to indemnify us. You agree to cooperate
with our defense of such claims at your expense.
- We will make reasonable efforts
to notify you of any claim, action, or
proceeding subject to this indemnification upon becoming aware of it.
- You acknowledge that these
Terms will not be used against our company due to being drafted by us.
Terms of Termination
- The platform reserves the
right to monitor the Services for violations of the Terms of Service
and take appropriate action against violators.
- Our rights may include refusing, restricting access to, or disabling the Services to
protect the platform's rights and property.
- These Terms of Service shall
remain valid as long as the user utilizes the platform's services.
- Upon termination or suspension
of an account due to violations, users are prohibited from registering
under their own name, a fake name, or a third party's name.
- The platform retains the
exclusive right to alter, adjust, or eliminate any content
available on the Services without providing prior notice. This includes
but is not limited to text, images, videos, or any other form of content
present on the platform.
- There is no obligation to
update any information on the Services, and the platform may modify or
discontinue all or part of the Services without prior notice.
North Carolina Users and Residents/Choice of Law
- If you are a user or resident
of North Carolina and have a complaint, we encourage you to first
contact us directly at info@modusbeauty.com to seek resolution.
- Prior to involving third parties, please allow us the opportunity to address your concerns, as
reaching out to external entities may prolong the resolution process.
We’re always here to help you!
Still, do you have any questions or concerns about our terms and
conditions?
Modus Beauty Distributors
237 Market St Cramerton
NC 28032
United States
Email: info@modusbeauty.com