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Terms & Conditions

Sales Agreement


1. This Sales Agreement (the “Agreement”) is entered into and effective on __________, 2017, by and between GKU International (DBA Le Mieux Cosmetics and PurErb™), a California corporation (the “Company”) and _Guest _ (“Buyer”).

2. The Company specializes in innovative skincare products based on extensive anti-aging and cell growth research, integrating technologically advanced ingredients into state-of-the-art formulae (the “Products”). Buyer is in the business of marketing and selling products that are similar in kind to the Products. 3. Buyer wishes to purchase Products from the Company and resell the Products to end-user consumers. “Enduser consumers” means a final purchaser who has purchased a Product for his or her own internal use and not for any resale, remarketing, or distribution (“End User”).

4. The Company agrees to sell to Buyer and Buyer agrees to purchase from the Company the Products as Buyer may, from time to time, order from the Company. Unless there is a writing executed by the Company to the contrary, or unless the Company terminates this Agreement in a writing by the Company, future contracts of sale entered into by the Company and Buyer for the purchase of the Company’s Products are subject to and governed by the terms and conditions of this Agreement.

5. By this Agreement, Buyer is deemed an authorized retailer of the Company’s Products.

6. Buyer acknowledges and agrees that it is purchasing the Products for professional and back bar usage and sale to End Users only.

7. Buyer shall not retail professional-only Products, which are limited to professional and back bar usage only.

8. Buyer acknowledges and agrees that the Company functions according to a business-to-business model, and that Buyer shall take full responsibility for retail sales to consumers.

9. Buyer shall sell Products in the original packaging as received from the Company, and shall not tamper with packaging in any manner, or remove any inserts, instructions, warranty information, or any other documentation.

10. Buyer shall maintain all trademarks and other indicia of source, quality or goodwill on the original packaging of the Products.

11. Buyer shall not engage in any unfair, competitive, misleading, or deceptive practices with respect to the Company, the Company’s trademarks or the Products.

12. Buyer shall not sell either directly or indirectly, or assign or transfer, any Products to any person or entity when Buyer knows or has reason to suspect that the person or entity is not an End User or may resell any or all of the Products to a third party, including any third party reseller or distributor.

13. Buyer shall not sell either directly or indirectly any Products through unauthorized retailers including, but not limited to unauthorized retailers such as Amazon.com, eBay.com, and Overstock.com.

14. Buyer acknowledges and agrees that the Company shall make certain limited warranties regarding the Products solely to and for the End User’s benefit, which will either be: (a) included in a written warranty statement with the Product; or (b) the Company’s standard limited warranty in force when the Product is sold by Buyer to an End User. Buyer further acknowledges that such limited warranties to End User shall be void if any Product is resold by Buyer’s purchaser or if Buyer is discovered to be in breach of any provision of this Agreement.

15. Buyer acknowledges and agrees that the Products may be identified by a unique identifier. If Products that Buyer purchases from the Company are found to be sold online by a third party, the Company, in its sole discretion, may discontinue further shipments and supplies without notice to Buyer, and may undertake proceedings to prosecute Buyer to the fullest extent provided by law and under this Agreement for claims including, but not limited to: breach of contract, trademark infringement, unfair competition, and other claims as applicable. Buyer may also seek any available attorneys’ fees and punitive damages.

16. Buyer shall sell all Products at the suggested retail price set by the Company.

17. The Company shall provide any information and support that may be reasonably requested by Buyer regarding marketing, advertising, promotion and sale of Products sold to Buyer under this Agreement.

18. The Company may, in its sole discretion, make changes to any Products necessary to conform to any applicable safety or other statutory requirements, without notice to Buyer and without obligation to modify or change any Products previously delivered or to supply new Products meeting earlier specifications.

19. The Company may, in its sole discretion, accept or reject any orders. No order is binding on the Company unless accepted and signed by a duly authorized officer of the Company.

20. The Company may, in its sole discretion, without liability or penalty, cancel any order placed by Buyer and accepted by the Company, in whole or in part, if (a) the Company discontinues its sale of Products or reduces or allocates its inventory of Products; or (b) if the Company determines that Buyer is in violation of its payment obligations under or has breached or is in breach of this Agreement.

21. Buyer shall meet the minimum order commitments required by the Company for Buyer’s opening order and any subsequent orders.

22. Buyer shall comply with the following terms of the Company's Return Policy: All returns require prior authorization by Le Mieux Representative. Buyer shall return Le Mieux product(s) within 30 days of purchase with the original packaging and invoice for a full refund. Returns after 30 days will be issued company credit. Returns will be only accepted up to 60 days after purchase. The Company reserves the right not to accept a return and charge 25% restocking fee for non-defective products. Original shipping and handling charges are non-refundable.

23. The parties agree that this Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior oral or written agreements and understandings with respect to the subject matter of this Agreement. In no event will contractual terms inserted in a Buyer’s purchase order be incorporated into or made a part of this Agreement.

24. This Agreement may be modified or amended only in writing and signed by both parties.

25. The parties acknowledge and agree that the validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of California, without regard to principles of conflicts of law. The parties expressly agree that any action at law or in equity arising under this Agreement shall be filed only in the courts of the State of California in a county of competent jurisdiction. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

26. If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

27. By signing below, each party acknowledges that it has carefully read and fully understood this Agreement, and each agrees to be bound by the terms of this Agreement.

 

Product Use:

All products are for external use only. Avoid direct contact with eyes. If irritation occurs, discontinue use and rinse thoroughly with water. Consult your physician when using essential oils while pregnant or breastfeeding. Store in a cool, dry place. Keep out of reach of children.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Le Mieux Cosmetics. The collective work includes works that are licensed to Le Mieux Cosmetics Copyright, Le Mieux Cosmetics ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Le Mieux Cosmetics or purchasing Le Mieux Cosmetics products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Le Mieux Cosmetics or to purchase Le Mieux Cosmetics products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Le Mieux Cosmetics. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

PRODUCT USE

All products are for external use only. Avoid direct contact with eyes. If irritation occurs, discontinue use and rinse thoroughly with water. Consult your physician when using essential oils while pregnant or breastfeeding. Store in a cool, dry place. Keep out of reach of children.

TRADEMARKS

All trademarks, service marks and trade names of Le Mieux Cosmetics used in the site are trademarks or registered trademarks of Le Mieux Cosmetics.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Le Mieux Cosmetics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Le Mieux Cosmetics does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Le Mieux Cosmetics does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Le Mieux Cosmetics shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Le Mieux Cosmetics has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a Le Mieux Cosmetics product is mistakenly listed at an incorrect price, Le Mieux Cosmetics reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Le Mieux Cosmetics reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Le Mieux Cosmetics shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Le Mieux Cosmetics without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Le Mieux Cosmetics may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Le Mieux Cosmetics.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Le Mieux Cosmetics products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Le Mieux Cosmetics products) must be commenced within one (1) year after the claim or cause of action arises. Le Mieux Cosmetics's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Le Mieux Cosmetics may assign its rights and duties under this Agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Le Mieux Cosmetics or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Le Mieux Cosmetics does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Le Mieux Cosmetics is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Le Mieux Cosmetics reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Le Mieux Cosmetics in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Le Mieux Cosmetics, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Le Mieux Cosmetics may link to sites operated by third parties. However, even if the third party is affiliated with Le Mieux Cosmetics, Le Mieux Cosmetics has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Le Mieux Cosmetics. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Le Mieux Cosmetics seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


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