TERMS AND CONDITIONS OF SALE

1. General

These Terms and Conditions apply to all sales made by Beauty Care Supply and/or Beauty Care Supply Europe. By placing an order, the customer fully accepts these Terms and Conditions.

2. Professional Customers Only

All products are sold exclusively to business customers. The customer is solely responsible for compliance with all local laws, regulations, import requirements, registrations, labeling obligations, and resale requirements in their country.

3. Orders and Availability

All orders are subject to product availability and final stock verification.

The Seller reserves the right to adjust quantities, remove references, or modify product allocations due to stock discrepancies, supplier shortages, inventory errors, damaged goods, logistical issues, or any circumstance beyond the Seller's reasonable control.

The Customer agrees to accept the order as delivered and waives any right to cancel the entire order, claim damages, penalties, compensation, or loss of profit resulting from such shortages or adjustments.

Customers will only be invoiced for the quantities actually supplied unless otherwise agreed in writing.

4. Pricing

All prices are quoted exclusive of VAT, duties, taxes, transportation costs, storage costs, customs fees, and insurance unless otherwise stated.

Prices may be adjusted before full payment if supplier costs, taxes, duties, or transportation costs increase.

5. Payment Terms

Full payment must be received and cleared before any goods are released, collected, or shipped.

No goods will be released until all invoices have been paid in full.

6. Reservation Deposit

The Seller may require a reservation deposit to secure inventory.

The deposit is strictly non-refundable if:

  • The Customer cancels the order.

  • The remaining balance is not paid within 15 calendar days of order confirmation.

  • The Customer fails to collect the goods within the agreed timeframe.

The Seller may retain the deposit as liquidated damages without prejudice to any additional remedies available by law.

7. Collection and Storage Fees

Once notified that goods are ready, the Customer must arrange collection within 7 calendar days.

After this period, storage fees of EUR 25 per pallet per day will automatically apply.

If goods remain uncollected for more than 30 days, the Seller reserves the right to resell, dispose of, or otherwise manage the goods without notice, while retaining any deposits already paid and seeking reimbursement for all associated costs.

8. Transfer of Risk

All goods are sold Ex Works (EXW) unless otherwise agreed in writing.

Risk transfers to the Customer immediately upon collection by the Customer, its carrier, freight forwarder, or any appointed third party.

The Seller shall not be liable for transport damage, delays, losses, customs issues, or carrier-related claims after collection.

9. Inspection and Acceptance

The Customer must inspect the goods before collection or immediately upon delivery.

Any claims regarding visible defects, quantity discrepancies, packaging issues, or shipping damage must be submitted in writing within 48 hours.

After this period, the goods shall be deemed fully accepted.

10. Retention of Title

Ownership of the goods remains with the Seller until full payment of all outstanding amounts has been received.

11. Late Payment

Any overdue amount shall accrue interest at the rate of 15% per annum or the maximum rate permitted by applicable law, whichever is lower.

The Customer shall also be liable for all collection costs, legal fees, recovery expenses, and administrative charges incurred by the Seller.

12. Limitation of Liability

The Seller shall not be liable for:

  • Loss of profits;

  • Loss of business opportunities;

  • Loss of customers;

  • Indirect or consequential damages;

  • Supplier shortages;

  • Inventory discrepancies;

  • Delays caused by carriers, customs authorities, or force majeure events.

Under no circumstances shall the Seller's total liability exceed the amount actually paid by the Customer for the relevant order.

13. No Resale Guarantee

The Seller does not guarantee product performance, resale value, market demand, profitability, or future availability.

The Customer assumes all commercial risks associated with the purchase and resale of the products.

14. Invoices

Customers located within the European Union may be invoiced by Beauty Care Supply Europe.

The Seller reserves the right to invoice through any affiliated company within its group depending on operational, tax, logistical, or commercial requirements.

15. Force Majeure

The Seller shall not be liable for any failure or delay resulting from circumstances beyond its reasonable control, including supplier shortages, transportation disruptions, strikes, governmental actions, customs delays, natural disasters, or other force majeure events.

16. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by Bulgarian law.

Any dispute arising from or related to these Terms and Conditions shall be submitted exclusively to the competent courts having jurisdiction over the Seller's registered office.

17. No Returns, Refunds or Chargebacks

All sales are final.

No returns, exchanges, refunds, credits, chargebacks, payment reversals, or deductions shall be accepted unless expressly approved in writing by the Seller.

The Customer expressly waives any right to withhold, offset, reverse, or dispute payments for goods supplied in accordance with these Terms and Conditions.

18. Customer Solvency

The Seller reserves the right to suspend, postpone, modify, or cancel any order at any time if it reasonably believes that the Customer may be unable or unwilling to fulfill its payment obligations.

The Seller shall not be liable for any losses, damages, or claims arising from such action.

19. Cosmetic Compliance and Regulatory Responsibility

The Customer is solely responsible for ensuring compliance with all laws, regulations, registrations, product notifications, labeling requirements, language requirements, import restrictions, customs requirements, health regulations, and resale obligations applicable in its territory.

The Seller makes no warranty regarding the legality or suitability of the products for sale in any specific market or jurisdiction.

20. Batch Numbers, Packaging and Product Variations

The Customer acknowledges and accepts that products may be supplied with different batch numbers, production dates, expiry dates, packaging designs, promotional markings, stickers, language versions, or artwork.

Such variations shall not constitute a defect, non-conformity, or valid reason for cancellation, refund, compensation, or rejection of the goods.

21. Shelf Life

Unless otherwise expressly agreed in writing, the Seller does not guarantee any minimum remaining shelf life.

The Customer acknowledges that certain products may originate from overstock, clearance, liquidation, closeout, or special purchasing opportunities and may therefore have a shorter remaining shelf life than products supplied through traditional distribution channels.

22. Supplier Dependency

The Seller operates as an independent trader and distributor and relies upon information, stock availability, allocations, and deliveries provided by third-party suppliers.

The Seller shall not be liable for supplier shortages, allocation reductions, stock discrepancies, product withdrawals, delayed deliveries, quantity adjustments, pricing changes, packaging changes, or any supplier-related issue beyond its reasonable control.

23. No Exclusivity

Unless expressly agreed in writing and signed by an authorized representative of the Seller, no exclusivity, territorial protection, preferred supplier status, distribution rights, or exclusive purchasing rights are granted to the Customer.

The Seller remains free to sell identical products to any third party in any territory.

24. Intellectual Property

All trademarks, logos, brand names, product names, copyrights, and other intellectual property rights remain the exclusive property of their respective owners.

The Seller acts solely as a reseller, trader, or distributor and makes no representation regarding any intellectual property rights beyond the lawful sale of the products.

25. Limitation on Claims

No claim, dispute, or legal action may be brought by the Customer more than six (6) months after the date of delivery, collection, or invoice date, whichever occurs first.

Failure to bring a claim within this period shall constitute an irrevocable waiver of such claim.

26. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior negotiations, discussions, representations, quotations, proposals, emails, correspondence, and understandings, whether oral or written.

No amendment shall be valid unless made in writing and signed by both parties.

27. Electronic Communications

The Customer agrees that orders, invoices, confirmations, notices, approvals, and all commercial communications transmitted by email, electronic platforms, messaging applications, or electronic signature systems shall have the same legal effect as original written documents.

28. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

29. Survival

Any provisions relating to payment obligations, limitation of liability, indemnification, intellectual property, dispute resolution, confidentiality, and governing law shall survive termination, completion, or cancellation of the transaction.

30. Customer Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Seller, its directors, employees, affiliates, and agents from and against any claims, losses, liabilities, damages, costs, penalties, fines, or expenses arising from:

  • The importation, distribution, marketing, resale, or use of the products;

  • Regulatory non-compliance in the Customer's territory;

  • Breach of these Terms and Conditions by the Customer;

  • Claims made by third parties, authorities, distributors, retailers, or end-users.

31. Acceptance of Goods and Waiver of Objections

Collection, acceptance, resale, export, storage, use, or any handling of the goods by the Customer shall constitute full and irrevocable acceptance of the goods as supplied.

The Customer expressly waives any future objection relating to quantity, assortment, packaging, batch numbers, labeling, shelf life, supplier shortages, commercial performance, marketability, or resale expectations.

32. Supplier Shortages and Credit Note

In the event that the Seller purchases goods from a third-party supplier and the supplier delivers incomplete quantities, missing products, or modified allocations, the Seller reserves the right to issue a credit note to the Customer for the corresponding missing quantities, or to adjust the final invoice accordingly.

The Customer expressly accepts that such situations may occur due to supplier shortages, stock discrepancies, allocation changes, or logistical constraints beyond the Seller’s control.

The Seller shall not be liable for any indirect loss, delay, or commercial impact arising from such shortages, provided that the Customer is invoiced only for goods effectively supplied or credited where applicable.