Ivy & Red - Terms and Conditions

Effective as of Jan 1, 2020

SHIPPING

1. Minimum shipment for free shipping amount is $300 per each company (Ivy Beauty and Red Beauty), and freight prepaid to the account in U.S.A. mainland if less than $300, FOB Piscataway, New Jersey warehouse, FOB Georgia warehouse or FOB Commerce, CA warehouse.
2. For any account that is 45 days overdue, no orders will be shipped until the account becomes current or fully paid.
3. Orders shipped via any expedited delivery services and carriers will have additional charges which will be included in your total payment amount. No postage shipping allowed.
4. The account should thoroughly inspect all cartons and items at the time of delivery for any shipping damages or shortage before accepting delivery. If the account finds damage in receiving either by UPS truck or our van delivery, the account must keep the actual damaged shipment and ask the deliveryman to note the extent of the damage. If damages and/or shortages are found after opening box, etc., please call our customer service immediately. All damages and shortages must be reported to our office within 5 working days from the receiving date. If the shortage is not reported to our office within 5 working days from the receiving date and the actual damaged shipment is not kept by the account for the inspection process by UPS, Ivy Beauty will not be held liable for any claims.
5. A 20% restocking fee of total invoice amount will be charged for all shipments ordered and refused at the time of delivery.
6. We may limit order quantities depending on the inventory.
7. All product displays that the account receives from Ivy Beauty and Red Beauty are properties of each company. Accordingly, only our products must be displayed on such displays. If you need to dispose the display, you must dismantle after confirmation from us or return the display back to us. If you use our display for other products that are not from Ivy Beauty and/or Red Beauty, then you must pay the full price for the display.

RETURNS

1. No return is accepted without return credit memo created by mobile device and signed by our salesperson.
2. If any account returns our products without the credit memo signed by our salesperson, we will not process such returns and all such received returns will not be returned back to the account.
3. All return credit will be given after the merchandise has been received and scanned by our warehouse. This process may take 3–4 weeks after we receive it in our warehouse.
4. All returns within 12 months of invoice date will be subject to a charge of 30% restocking fee on return with retailer’s price tag on it and 20% without it.
5. No returns shall be accepted on any merchandise more than one year from the invoice date.
6. Prices and terms are subject to change without notice.
7. Special pricing during promotion periods are only valid for the period indicated in the promotion.
8. Every effort is made to avoid errors and omissions in promotional flyers, catalogs, price sheets and other literature. Ivy Beauty does not assume responsibility for errors or omissions, nor is any warranty implied.
9. Notwithstanding any other provision herein, no returns will be accepted for the purposes of credit balance reduction.

PAYMENT

1. New account must have a tax ID number, resale certificate, owner's photo ID, and social security number.
2. All new accounts will be shipped upon prepayment (Money Order, Bank Certified Check, Credit Card with service fee surcharge, ACH).
3. In order to qualify for open terms of net 30 days, accounts must be listed and satisfactorily rated by Dun and Bradstreet. Unrated or unlisted accounts must submit Credit Application Form to us.
4. Each check returned by the bank is subject to a $30.00 charge.
5. If payment is not made by the payment terms, the account is placed with an attorney and/or collection agency. In case of any legal actions towards collecting the unpaid balance, the account shall be liable for all costs of collection and attorney fees. In addition, after the account has become delinquent by more than 3 months, there will be 2% finance charge per month.

ONLINE SALE RESTRICTIONS

1. All accounts are responsible for immediately informing Ivy Beauty and/or Red Beauty of all online sales information (non-exhaustive list provided below) of their e-commerce platform so that Ivy Beauty can monitor the e-commerce SRP of its products and take appropriate action:
   • a. Name and ID of e-commerce platform
   • b. Your website URL (if applicable)
2. Upon request by Ivy Beauty and/or Red Beauty, you must immediately take down any and all products provided by Ivy Beauty and/or Red Beauty.

Vivace - Terms and Conditions

SHIPPING

1. A minimum purchase of $500 is required for freight-prepaid shipments within the U.S. mainland. Orders below $500 will ship FOB from Vivace’s warehouses in Georgia.
2. Orders will not be shipped if an account is overdue by 60 days until payment is made in full.
3. Expedited deliveries incur additional charges, added to the total payment. No postage shipping is permitted.
4. Upon receipt of delivery, customers must inspect all goods for damages or shortages. Any claims must be reported to Vivace within five (5) business days of delivery. Vivace will not be liable for claims made after this period.
5. A 20% restocking fee will be charged for any refused shipments.
6. Vivace reserves the right to limit order quantities based on available inventory.
7. All displays provided by Vivace remain its property and are to be used exclusively for Vivace products. Unauthorized use or disposal of such displays will result in additional charges.

RETURNS

1. No returns are accepted without an authorized return credit memo issued by Vivace.
2. Unauthorized returns will not be processed, and Vivace will not return such items to the customer.
3. Return credits will be issued after the returned merchandise has been received and scanned at Vivace’s warehouse. Processing may take 3 to 4 weeks.
4. Returns within twelve (12) months of the invoice date are subject to a restocking fee: 30% for items with retailer price tag and 20% for items without price tags. No returns will be accepted beyond twelve (12) months from the invoice date.
5. All prices and terms are subject to change without prior notice.
6. Special promotional pricing is valid only during the promotion period and cannot be applied retroactively.
7. Vivace is not responsible for any errors in promotional materials, catalogs, or other literature.
8. Returns are not permitted for the purpose of reducing credit balances.

PAYMENT

1. New accounts must provide a Tax ID, Resale Certificate, Owner's photo ID, and Social Security number.
2. First orders for new accounts must be prepaid via ACH transfer, certified check, or money order.
3. To qualify for open terms of net 45 days, accounts must have a satisfactory rating with Dun and Bradstreet. Unrated accounts are required to submit a credit application for review.
4. A $30 fee will be charged for any returned checks.
5. Accounts sent to collections will be responsible for all related legal and attorney fees. Additionally, a 2% monthly finance charge will be applied to balances that are more than ninety (90) days past due.

ONLINE SALE RESTRICTIONS

1. All accounts are required to promptly provide Vivace with the following details related to their online sales platform to assist in monitoring compliance with Vivace’s Suggested Retail Price (SRP):
   • a. Name and ID of the e-commerce platform.
   • b. Your website URL (if applicable)
2. Upon Vivace’s request, accounts must immediately take down all Vivace products from their e-commerce platforms. Failure to comply may result in the suspension of the account or other actions deemed necessary by Vivace to protect its brand, pricing policies, or product integrity across all sales channels.

BULK PURCHASE RESTRICTIONS

1. All bulk purchase orders will only be processed upon receipt of prior written approval from Vivace. Such approval is contingent upon the execution of a formal contract for the specific order.
2. Vivace reserves the right to limit order quantities for bulk purchases, depending on inventory levels and supply capabilities.
3. Special discounts or promotional benefits may not apply to bulk purchases and are subject to Vivace’s discretion.
   • a. Products purchased under promotional pricing must clearly indicate the point of sale (e.g., online stores, hair salons, in-store events, etc.).
   • b. Products purchased under promotional pricing must strictly adhere to the Suggested Retail Price (SRP). For store events, both the event schedule and any SRP discount must receive prior approval from Vivace through negotiation.
   • c. The resale of bulk purchase products is strictly limited to the United States territory. Failure to comply may result in the suspension of the account or other actions deemed necessary by Vivace.
4. Any issues regarding product supply or order cancellations related to bulk purchases will be handled in accordance with Vivace’s established policies.

You acknowledge that you have read, understood, and agree to comply with the Terms and Conditions set forth by Vivace.