TERMS | CONDITIONS | RETURN POLICY
Customers should purchase products from Bel Homme Beard Butter Co. with the clear understanding that all products must be used at the customers own discretion and only after referencing Material Safety Data Sheets (MSDS) and all other relevant technical information specific to the product. Bel Homme Beard Butter Co. shall not be held responsible for any damages to property or for any adverse physical effects (including injury, bodily harm, and/or hair loss) caused by insufficient knowledge or the improper use of a product. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties. As with any manufacturing process, Bel Homme Beard Butter Co. strongly recommends small lab scale testing for evaluation purposes prior to full commercial manufacturing. The information on the Bel Homme Beard Butter Co. website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation by Bel Homme Beard Butter Co. as to the fitness for any use. As the ordinary or otherwise use(s) of this product is outside the control of Bel Homme Beard Butter Co., no representation or warranty, expressed or implied is made as to the effect(s) of such use(s) (including damage or injury), or the results obtained. The liability of Bel Homme Beard Butter Co. is limited to the value of the goods and does not include any consequential loss. Bel Homme Beard Butter Co. shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Please note, the International Federation of Aromatherapists do not recommend that Essential Oils be taken internally unless under the supervision of a Medical Doctor who is also qualified in clinical Aromatherapy. In addition, Essential Oils must be properly diluted before use in order to avoid any damages to property or adverse physical effects (including injury or bodily harm). All information contained within this site is for reference purposes only and are not intended to substitute the advice given by a pharmacist, physician, or any other licensed health-care professional. Bel Homme Beard Butter Co. products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any health condition or disease.
We will allow returns within 5 days of purchase only if the product is UNOPENED. There is a 20% re-stocking fee deducted from the returned item(s). We do not accept returns on opened product unless there is an error on our part. We will NOT accept returns if you do not like the aroma of a product. If you want to try a product before buying in bulk, you must purchase a sample for evaluation and approval. If there is any damage to your shipment, missing items or package, you must contact us within 5 days of receipt for us to file a claim with the Post Office,FedEx, or UPS so that we may file a claim and re-ship your order. Any claims after this 5 day period, cannot be accepted or processed. We require that you notify us before you ship your return back to us. We WILL NOT accept returns that are sent back without an issued AUTHORIZATION NUMBER.
DISCLAIMER AND CAUTION
The information contained in this Certificate of Analysis is obtained from current and reliable sources. Bel Homme Beard Butter Co. provides the information contained herein in good faith but makes no representation as to its comprehensiveness or accuracy. Individuals receiving this information must exercise their independent judgment in determining its appropriateness for a particular purpose. As the ordinary or otherwise use(s) of this product is outside the control of Bel Homme Beard Butter Co., no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s) (including damage or injury), or the results obtained. Bel Homme Beard Butter Co. expressly disclaims responsibility as to the ordinary or otherwise use(s). Furthermore, nothing contained herein should be considered as a recommendation by Bel Homme Beard Butter Co. as to the fitness for any use. The liability of Bel Homme Beard Butter Co. is limited to the value of the goods and does not include any consequential loss. Bel Homme Beard Butter Co. shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Bel Homme Beard Butter Co. shall not be responsible for any damages resulting from use of or reliance upon this information. The user of this product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.
TERMS OF SALES
Bel Homme Beard Butter Co. Terms and Conditions of Sale
1. Controlling Document – Bel Homme Beard Butter Co. (“BHBBco.”) hereby accepts the Buyer’s order pursuant to and conditioned on the Buyer’s assent to the terms and conditions set forth herein, and BHBBco agrees to furnish goods (the “Product” or “Products”) only upon these terms and conditions. This document constitutes the entire agreement between the parties. Differing terms and conditions shall require a separate written agreement. THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE ANY CONFLICTING TERMS CONTAINED ON THE BUYER’S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER. No course of prior or current dealings between the parties and no usage of trade shall be relevant to, supplement or explain any term nor shall course of prior or current dealings constitute a waiver of any of the terms contained herein. Photocopies, electronic copies and facsimile transmissions of documents shall be effective as originals and shall be considered a “writing” between the parties. Buyer is deemed to have accepted the Terms and Conditions contained herein upon shipment of the Product. Any other information provided by BHBBco, including information contained in a Safety Data Sheet (SDS), is subject to these terms and conditions. Buyer acknowledges that it has reviewed the applicable SDS available from BHBBco prior to Buyer’s use of the Product, and Buyer acknowledges and agrees that the information contained in the SDS is provided subject to both these terms and conditions and the provisions set forth in the SDS.
2. Prices and Taxes - Buyer shall pay BHBBco the standard price for Product(s) listed by BHBBco on the date BHBBco ships the Buyer’s order or any price expressly quoted by BHBBco in writing to the Buyer. BHBBco reserves the right to change the price on future orders of Products. All prices listed or quoted shall be exclusive of delivery charges, taxes, customs, duties, or other customary shipping fees unless otherwise expressly stated
3. Shipment - BHBBco makes efforts to meet Buyer’s requirements for Product delivery whenever possible. However, any shipping, delivery, or processing dates as indicated by Buyer or BHBBco are estimates only, and BHBBco shall have no liability to Buyer for failure to complete delivery of an order by the date indicated or for any of Buyer’s incidental, indirect or consequential damages arising from a delay. BHBBco shall ship Product to Buyer F.O.B. Origin, with packaging and carriers as designated by BHBBco, unless otherwise specified in writing between the parties. BHBBco’s title to Product passes to Buyer upon delivery of Product to the carrier for shipment, with carrier acting as Buyer’s agent. Buyer assumes the risk of loss for Product in transit and shall be responsible for obtaining insurance, if desired. For foreign shipments Buyer assumes all risk and responsibility relating to entry of Product into the country of destination, and BHBBco makes no warranties or guaranties relating thereto, and shall have no liability relating thereto. BHBBco will not consider any claim for non-conforming Product or shortages (“Non-Conformances”) unless Buyer complies with the notice and authorization requirements set forth at paragraph 6. Buyer may not return Product without BHBBco’s written authorization. If a return is authorized, Buyer shall return all non–conforming Product within 5 days after receipt of authorization, and shall ship the Product F.O.B. Destination. All approved returns of conforming products are subject to a restocking charge of 20% computed at original invoice value. When retest is required, Buyer will be charged an additional $250.00 per Product lot. All Product sought to be returned must be within the lot expiry period and received not later than 15 days after originally shipped by BHBBco. All returns must be sent to Bel Homme Beard Butter co., 658 N. 63rd st. UNIT:28934, Philadelphia, PA 19151 Attn: Warehouse unless otherwise directed by BHBBco. All unauthorized returns will become the property of BHBBco and no credit will be issued. Product for which delivery is suspended pending payment by Buyer, as well as Product of which delivery is wrongfully rejected or not accepted by Buyer, shall be held and stored by BHBBco at risk and expense of Buyer. Special delivery terms may apply contact BHBBco for details.
4. Terms of Payment. - Payment for Product shall be due as of the payment date stated on the BHBBco’s invoice. Any overdue payment may be subject to a late payment charge of l.5% per month (18% per year) or the highest amount permitted by law, whichever is less. Unless otherwise indicated in writing, each shipment shall be considered an independent transaction and payment therefore shall be made accordingly. Invoiced freight charges include applicable shipping, handling, and processing charges. All orders are subject to approval of BHBBco credit department. If in the judgment of BHBBco the financial condition of the Buyer at any time does not justify continuance of shipment on the terms of payment specified, BHBBco may require full or partial payment in advance. In the event of bankruptcy or insolvency of Buyer, or in the event of any proceeding brought by or against Buyer under insolvency laws, BHBBco shall be entitled to cancel any order of the Buyer then outstanding and shall receive reimbursement from Buyer for BHBBco’ cost as of the date of cancellation. Buyer authorizes BHBBco to investigate Buyer’s credit and financial standing, Buyer will supply any financial information reasonably requested by BHBBco, BHBBco agrees to hold such information confidential, and BHBBco reserves the right to require Buyer’s principles to guarantee payment on any order before, during or after fulfillment of any order. BHBBco shall maintain a priority purchase money security interest in the Product (and replacement) delivered hereunder and in the proceeds from the sale and disposition thereof, until Buyer has made payment in full for such Product. Buyer shall, upon request by BHBBco, execute all documents (such as UCC-l) necessary to perfect such security interest in Product. BHBBco has the right, upon demand, to repossess Product delivered hereunder if Buyer fails to make timely payment. All payments shall be made without any deduction and free of any set-off or other counterclaim.
5. Marking Requirements – All Products purchased from BHBBco and repackaged must be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the container will permit in such a manner as to indicate the English name of the country of origin of the article to the ultimate purchaser in accordance with the requirement of 19 U.S.C and 19 CFR Part 134.
6. Inspection - Buyer shall be responsible for inspecting and examining all Product shipped hereunder prior to acceptance. Buyer shall give BHBBco written notice of rejection specifying the alleged Non-Conformance within five days following delivery to Buyer. Failure to provide such written notice of rejection within the five days of delivery shall be deemed to be acceptance of the Product by the Buyer as of the date of shipment. Any resale, commingling, alteration or incorporation of the Product by the Buyer shall be deemed acceptance of the Product as of the date of shipment.
7. Warranty - There are no express warranties hereunder. The liability of BHBBco for any claim brought by the Buyer is limited, at BHBBco option, solely to replace the Product, or apply an appropriate credit adjustment not to exceed the sales price of the Product to Buyer. If the claim is relative to Non-Conformance, Buyer is only entitled to the remedies listed above provided that (a) BHBBco is notified in writing by Buyer within five days of receipt of alleged Non Conformance setting forth the alleged Non-Conformance, date of purchase, date of receipt, and invoice number; (b) Buyer shall set aside and hold such Product without further use or processing until BHBBco advises Buyer as to the proper disposition of the Product; and (c) unless shortage, the Products returned to or inspected by BHBBco, and BHBBco determines that Non-Conformance exists, and was not caused by negligence, misuse, improper storage, or accident. Buyer shall have no right to “cover” by procuring substitute goods at the expense of BHBBco. BHBBCO HEREBY MAKES NO OTHER WARRANTY EXPRESSED OR IMPLIED. BHBBCO EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF BHBBCO. BHBBCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR BHBBCO ANY LIABILITIES. UNDER NO CIRCUMSTANCES SHALL BHBBCO, ITS AFFILIATES, SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE TO THE BUYER OR ANY OTHER PERSON FOR ANY KIND OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGE, LOSS OR EXPENSE. Buyer’s remedies under this Agreement for any claim against BHBBco shall be solely and exclusively limited to replacement of the Product or a credit not to exceed the sales price of the Product to the Buyer. Said choice of remedy shall be in the sole discretion of BHBBco. This section sets forth the sole and exclusive remedy against BHBBco. No action may be taken against BHBBco for breach of this Agreement more than one year after the accrual of the cause of action.
8. Intellectual Property - All specifications, designs, data methods, patterns, and ideas made, used, conceived, developed or acquired by BHBBco incident to its performance under this Agreement and all patent, trade-secret, know how, copyright, trademark or other proprietary right therein shall be the exclusive property of BHBBco, and no part of the purchase price hereunder shall be deemed applicable to acquisition of or licensing of the foregoing unless otherwise agreed to in writing by BHBBco. No licenses to any intellectual property of BHBBco (including use of trademarks and trade names) are granted to Buyer. BHBBCO HEREBY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER ABOUT THE NON-INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY.
9. Force Majeure - BHBBco shall be relieved of the performance of its obligations for the duration and to the extent that it is prevented in the performance of its obligations by reasons of force majeure. For purposes of this clause, force majeure is defined as circumstances or events which may have not been foreseen at the time of entering into this transaction, which are not the fault of BHBBco and which prevent the performance of all obligations hereunder and which are not capable of being remedied. Force majeure events include, but are not limited to, acts of God, acts of war, acts of the Government, acts of Buyer, inability to obtain necessary labor, materials or manufacturing facilities, blockades, revolutions, industrial disputes and commercial impracticality. 10. Equal Employment Opportunity - BHBBco represents that it does not discriminate against its employees or applicants for employment on the grounds of race, color, religion, sex, sexual orientation, national origin or any other protected category. BHBBco complies with Executive Order 11246.
11. Indemnification - Buyer shall indemnify, defend, and hold BHBBco, its employees, suppliers, and agents harmless from and against any and all liabilities, damages, injuries, claims (irrespective of the legal theory on which any claim is based), suits, judgments, causes of action, and expenses (including attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred by BHBBco as a result of any action or omission by Buyer its employees or agents.
12. Assignability – BHBBco may assign or subcontract all or any portion of its right or obligations with respect to sale of the Product or assign the right to payment without Buyer’s consent. Buyer may not assign these Terms and Conditions, or any of its rights or obligations herein without prior written consent of BHBBco subject to the restrictions in assignment contained herein. These Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No portion of this Agreement will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties.
13. Law and Jurisdiction - This agreement shall be deemed to be made in Pennsylvania and governed in all respect by Pennsylvania law. The parties to this agreement irrevocably consent to the exclusive jurisdiction of the State and Federal Courts located in the Commonwealth of Pennsylvania. If any portion of this Agreement is found by a Court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the remainder of this Agreement.
*Other terms and conditions may apply*