Logo Luxy (2).png
  • Facebook
  • Instagram
  • Facebook
  • Instagram
 

Terms and conditions of sale of KB Kashia Beauty products and services for Distributors


NOTICE: The sale of any of the Products and Services is expressly conditioned on the dealer's acceptance of these Terms and Conditions. Any acceptance of Seller's offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Customer. No Client form will modify these Terms and Conditions, nor will any course of execution, course of dealing or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order for the purchase of products or the receipt of services shall constitute the distributor's consent and acceptance of these Terms and Conditions.


1. Definitions


1.1. "Capillaries" refers to shampoos, conditioners, hair masks or solutions alluding to the treatment and care of the hair or scalp, as well as oils or infusions, does not include the Best Friends collection.
1.2. "Customer" means the stylist, barber shop, beauty spa or salon that purchases the Products and Services from the Distributor or Seller.
1.3. "Contract" means the contractual agreement signed by both parties or these Terms and Conditions, Seller's final quote, and Seller's order receipt. In case of conflict, the Terms and Conditions of this contract will have priority over other documents not included in the Contract.
1.4. "Contract Price" means the agreed cost set forth in the contract for the sale of value-added products and services including adjustments (if any) in accordance with the contract.
1.5. "Distributor" means the person or entity to which Seller supplies the Products and Services under the Agreement.
1.6. "Products" means the supplies and other goods that Seller has agreed to supply to Distributor under the Agreement.
1.7. "Seller" means LUANJUXI INC DBA KASHIA BEAUTY.
1.8. "Value-Added Services" means the seminars that the Seller has agreed to present for the Distributor or Customer.
1.9. "Terms and conditions" rules and regulations that govern the fulfillment of operations and collaborations, as well as the rights and obligations enjoyed by both parties signing this contract.

 


2. Obligations of the distributor.


2.1. The distributor will distribute, promote and sell the value-added Products and Services through promotion, distribution and logistics – offering a quality service to the Consumer.
2.2. The distributor will be trained with the information of the Value Added Products and Services, sales techniques and professional development provided by Kashia Beauty.
23. The distributor will only have as clients of the value-added products and services of the Kashia Beauty brand:
2.3.1. Clients who have a cosmetology license.
2.3.2. Clients who own beauty salons.
2.3.3. Or business related to the beauty industry.
2.4. The distributor will give advice and instructions to the clients in relation to the Products to guarantee optimal results of the same. (Mandatory)
2.5. The distributor will be responsible for storing all products purchased through the seller, at an average temperature of 75° Fahrenheit.
2.6. Distributor will act with dignity and professionalism in all communications, behavior, as well as personal appearance, in order to project professionalism and a positive brand image.
2.7. The distributor will avoid under all circumstances to participate in multilevel trading model schemes in any of its modalities.

 


3. Capillary exclusivity conditions.


3.1. Distributors will have exclusive rights to customers in their respective regions. If the seller is contacted directly by customers in exclusive regions, the seller will contact the distributor who has the assignment of the zone of the interested prospect as long as the distributor authorizes it, (only where applicable).
3.2. Each region is subject to quotas, volumes and terms set by the vendor, taking the size of the region to be covered as a criterion.
3.3. The seller reserves the right to distribute those categories apart from capillaries in which the assigned distributor is not willing to supply customers in the assigned area.
3.4. The seller will give feedback to the distributor to inform him of those products that need an increase in the sales volume of Kashia Beauty brand products.
3.5. The seller may reassign the distributor's region under conditions of breach of the terms and conditions of this agreement.

3.6. The Seller has exclusive rights to sell the Products online. Customers are not authorized to sell the Products online. However, customers can share KB Kashia Beauty posts, dealer posts, or original posts promoting the product on social media.
3.7. Distributors are not authorized to carry out acts of sale on electronic platforms such as: social networks, online stores. of the brand's products.
3.8. Seller has exclusive rights to work with social media influencers.
3.9. Independent distributors must promote Kashia Beauty products as the only brand within their product catalog, applicable only in Houston Texas.
3.10. The distributor will be responsible for delivering a copy of the stylist contract to its clients and must deliver the signed originals to the seller for its record and corresponding file.

 


4. Non-compete policy. (applicable to Houston dealers only)


4.1. During the term of these terms and conditions, and for a period of 1 year after their termination, distributors in Houston shall not engage in any variant of competing business that may be considered similar in nature to the seller's business.

 


5. Order conditions.


5.1. Orders must be made through authorized platforms implemented by the seller.
5.2. Orders require one (1) business day to process. Orders received after 3:30pm will begin processing the next business day.
5.3. Urgent orders for the same day will have an additional cost that can be from $50.00 us dlls up to $250.00 us dlls.

 


6. Contract and price of the product.


6.1. Seller will provide distributors with discounts on hair products based on the criteria below.
6.2. The criteria to be considered in assigning discounts to distributors are:
6.2.1. Any purchase between $3,400.00 and $5,000.00 USD before applying taxes, generates a 40% discount on the total purchase, “for a total investment of between $2,040.00 and $3,000.00 USD. “
6.2.2. Any purchase between $5,250.00 to $8,650.00 USD before applying taxes, generates a 42% discount on the total purchase, "for a total investment of between $3,045.00 and $5,017.00"
6.2.3. Any purchase between $9,100.00 to $14,600.00 before taxes, generates a 45% discount on the total purchase, "for a total investment between $5,005.01 to $8,030.00"

 

 

 

 

 

 

 

 

 

 

 


6.2.4. 45% total discount plus 5% in additional product applicable to the sale of $16,000.02 to $30,000.00 applicable exclusively to hair extensions, does not apply to the purchase of extensions or other products outside the hair category.
6.2.5. 45% total discount plus 8% on additional product applicable on sale amounts of $30,000.01 or more.
6.2.6. The seller reserves the right to set a minimum selling price for the products in order to maintain the image and brand value of Kashia Beauty.

 


7. Payment Policies.


7.1. The payment must be received before the fulfillment and dispatch of the order, by zelle, deposit or transfer to the account of LUANJUXI INC DBA KASHIA BEAUTY.
7.2. Payments made by credit or debit card will be charged a 3% charge for terminal use.

 


8. Cancellation policy


8.1. Cancellations by distributors are valid for 12 hours from the order entry.
8.2. Cancellations made after the 12-hour deadline for placing the order, will be penalized with 5% of the total value of the order.

 


9. Terms of delivery and shipment.


9.1. The title of the products will pass to the distributor at the time of delivery of the product.
9.2. The risk of loss will be transmitted to the distributor at the time of delivery of the merchandise.
9.3. Any responsibility of the Seller or the Distributor for the non-delivery of the Products will be limited to the replacement of these within a reasonable period of time.

 


10. Seller Services


10.1. The Seller supports distributors and customers who wish to offer a seminar on the Products.
10.2. Seller Services must meet the following conditions.
10.2.1. A minimum of ten (10) attendees will be required within the territory of Texas, (15) attendees outside the territory of Texas.
10.2.2. The Distributor or the Client must confirm the holding of the event to the Seller at least fifteen (15) business days before the date of the event.
10.2.3. The client must transfer 50% of the amount corresponding to 10 ten participants (10) ten business days before the event.
10.2.4. Seller will provide all publicity for the seminar.
10.2.5. The seller will establish stipulations regarding prices and costs.

 


11. Disclaimer of warranty


11.1. Seller warrants that all Products will, at the time of sale by Seller (either to Distributor or Customer directly) comply with Seller's applicable specifications. SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's personnel are not authorized to modify this disclaimer of warranty.

 


12. Limitation of liability


12.1. IN NO EVENT SHALL SELLER BE LIABLE TO DEALER, CUSTOMER, OR ANY THIRD PARTY FOR ANY LOST USE, REVENUE, PROFITS, OR DIMINISHED VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED-ON REMEDY OR OTHERWISE. ITS ESSENTIAL PURPOSE.
12.2. IN NO EVENT SHALL SELLER'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO SELLER FOR PRODUCTS AND SERVICES SOLD. UNDER THIS AGREEMENT.
12.3. This limitation of liability is a material basis of the parties' bargain and reflects the negotiated allocation of risk between Seller, Distributor and Customer, without which Seller would not have agreed to provide the Products or Services at the price charged.

 


13. Compensation


13.1. Notwithstanding the provisions of section 9 hereof, either Customer, Distributor and Seller (as "Indemnifying Party") will indemnify the other party (as "Indemnified Party") for claims brought by a third party, cause of personal injury or damage to the tangible property of the third party, to the extent that they are caused by the negligence of the Indemnifying Party in connection with this Agreement. In the event that the injury or damage is caused by the joint or concurrent negligence of the Customer, the Distributor and the Seller, the loss or expense will be borne by each party in proportion to the degree of its negligence.

 


14. Intellectual Property Rights


14.1. Distributor may not use or dispose of any of Seller's trademarks, copyrights or other intellectual property, including but not limited to the Kashia Beauty name, Seller's website, literature or advertising content, unless authorized by Seller in the Terms and Conditions or other written agreement.
14.2. Distributor or customer may not use any of Seller's trademarks, copyrights, or other intellectual property for personal use.
14.3. In the absence of a written agreement to the contrary, the Seller may use and publish any photograph, testimonial, idea or any other information that the Customer provides to the Distributor or the Seller, as well as review and correct said information without the prior approval of the Customer, provided that the information in question implies the products, brand or image of Kashia Beauty.

 


15. Confidential Information


15.1. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, designs, plans, drawings, documents, data, business operations, customer lists, prices, discounts or rebates, disclosed by Seller or Distributor to Customer, whether disclosed orally or disclosed or accessed in writing, electronically, or in any other form or medium, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement, is confidential , solely for use in the performance of this Agreement and may not be disclosed or copied unless previously authorized in writing by Seller. At Seller's request, Distributor shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is (a) in the public domain; (b) known to the Distributor at the time of disclosure; or (c) rightfully obtained by Distributor on a non-confidential basis from a third party.

 


16. Termination.


16.1. Seller may terminate this Agreement with immediate effect by giving Distributor written notice if Distributor has failed to perform or comply with any of these Terms and Conditions, in whole or in part.
16.2. Otherwise, this contract will automatically renew effective January 1 of each year.

 


17. Amendment and modification


17.1. Seller may amend or modify these Terms and Conditions in writing with at least 30 days' notice to Customer.


18. Waiver


18.1. No waiver by Seller or distributor of any provision of this Agreement shall be effective unless expressly set forth in writing and signed by Seller. The lack of exercise, or the delay in the exercise, of any right, resource, power or privilege derived from this Agreement does not operate, nor can it be interpreted, as a waiver of the same. No single or partial exercise of any right, remedy, power or privilege under this agreement excludes any other or subsequent exercise of this or the exercise of any other right, remedy, power or privilege.

 


19. Force majeure


19.1. Seller shall not be liable to Distributor, nor shall Seller be deemed to have breached or breached this Agreement, for any failure or delay in performance or performance of any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Seller's reasonable control including, without limitation, flood, fire, earthquake, explosion, governmental action, war, invasion or hostilities (whether or not war is declared), terrorist threats or acts riots, or other civil disturbances, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (related or not to the labor of either party), or restrictions or delays affecting carriers or the inability or delay in obtaining supplies of adequate or appropriate materials, materials or interruption of tele communications or power outage.

 


20. Assignment


20.1. Distributor shall not assign any of its rights or delegate any of its obligations under this Agreement without Seller's prior written consent. Any intended assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Distributor of any of Distributor's obligations under this Agreement.

 


21. Relationship of the Parties


21.1. The relationship between the parties is that of independent business partners. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, or other form of joint business, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract with or bind the other party. no way.

 


22. Applicable Law


22.1. All matters relating to Seller arising out of or in connection with this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas.

 


23. Submission to jurisdiction


23.1. Any suit, action or legal proceeding against Seller arising out of or related to this Agreement shall be brought in the federal courts of the United States of America or in the courts of the State of Texas, in each case located in the city of Houston. and Harris County.

 


24. Severability


24.1. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 


25. Survival


25.1. Provisions of these Terms and Conditions that by their nature should apply beyond their terms will survive any termination or expiration of these Terms and Conditions.
INTERPRETATION: The provisions of the points and collaboration rules that by their nature should or have to be applied beyond their limitations, will remain in force even at the end of the validity of this contract.

 


26. Entire Agreement


26.1. These Terms and Conditions constitute the entire agreement between Customer and Distributor regarding the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings and agreements relating to the subject matter hereof.
INTERPRETATION: These terms and conditions constitute the commercial collaboration agreement in its entirety in relation to the collaboration agreement implicit in the signing of this contract, and replace in its entirety verbal agreements, discussions, arguments, as well as any other arrangement that does not found in this collaboration agreement.

 


27. Penalties.

27.1. Any non-compliance with the points and sections of this contract will be cause for a penalty imposed by the Seller, and will be applicable from economic sanctions to the partial or total deactivation of the penalized Distributor.

DISCOUNT.jpg
 

Terms and conditions of sale of KB Kashia Beauty products and services for Hair Stylist

 


NOTICE: The sale of any of the Products and Services is expressly conditioned on the Customer's acceptance of these Terms and Conditions. Any acceptance of Seller's offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Customer. No Client form will modify these Terms and Conditions, nor will any course of execution, course of dealing or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services will constitute the customer's consent to these Terms and Conditions.


1. Definitions


1.1. "Customer" means the stylist, barber shop, beauty spa or salon that purchases the Products and Services from the Distributor or Seller.
1.2. "Contract" means the contractual agreement signed by both parties or these Terms and Conditions, Seller's final quote, and Seller's order receipt. In case of conflict, the Terms and Conditions will take precedence over other documents included in the Agreement.
1.3. "Consumer" End user of the products that are the subject of this contract, who lacks direct participation in the commercial conditions of this legal tool for commercial collaboration.
1.4. "Distributor" means the person or entity to which Seller supplies the Products and Services under the Agreement.
1.5. "Products" means the supplies and other goods that the Seller has agreed to supply to the customer under the Contract.
1.6. "Seller" means LUANJUXI INC.
1.7. "Value-Added Services" means the seminars that the Seller has agreed to present for the Distributor or Customer.
1.8. "Terms and conditions" rules and regulations that govern the fulfillment of operations and collaborations, as well as the rights and obligations enjoyed by both parties signing this contract.


2. Obligations of the client.


2.1. The Client will promote and sell the Products and Services through demonstrations offering a quality service to the Consumer.
2.2. The Client will be trained with the Value Added Products and Services, sales techniques and professional development. (optional)
23. The Client must be the holder of a cosmetology license and/or owner of beauty salons, spas and any activity related to beauty. (ascertainable)
2.4. The Client will give advice and instructions to the Consumers in relation to the Products to guarantee optimal results of the same. (recommendable)
2.5. The Client shall not market the seller's products in pyramid or multi-level business models.


3. Exclusivity conditions


3.1. The seller has exclusive rights to sell the products through online platforms.
3.2. Customers will be able to promote Kashia Beauty brand products on their social networks, without making the seller's suggested prices public, to maintain the guarantee of the seller's exclusivity towards customers.
3.3. Customers will be able to share posts from the seller's social networks on their profiles without any restriction.
3.4. Seller has exclusive rights to work with social media influencers.


4. Order conditions.


4.1. Orders must be made through the platform indicated by the seller's instructions, not placing orders through the indicated portals will imply delays in meeting delivery times, derived from this requirement the warehouse will proceed under the conditions that are presented .
4.2. Orders placed within the Texas area have a processing period of 3 to 5 business days for receipt at the indicated destination.
4.3. Orders with a destination outside the Texas area will have a processing period of 7 to 10 business days for receipt at the indicated destination.
4.4. Urgent or emergent orders will have an additional cost that may start at $25.00 us dlls.
4.5. Orders must be paid by Zelle, deposit or credit or debit card, as well as electronic transfer or any payment method in force at the signing of this contract.
4.6. Orders with a credit or debit card carry an extra charge of 3%.
4.7. Seller offers credit to customers in the Houston area. Customers outside of Houston should check with Seller on how to apply for 0% credit. Late credit payments will be subject to a late penalty of $35.00 us dlls.

4.8. The Seller reserves the right to establish a minimum selling price for the Products in order to maintain the image of the brand value of the KB Kashia Beauty Beauty Products.
4.9. Free shipments are limited only to destinations with a business address. This condition does not apply to destinations with private addresses and the seller reserves the right to apply shipping costs depending on the sales amounts.
4.10. Discounts applied to products should be consulted with the seller.


5. Order cancellation and return policy.


5.1. The seller will not accept product returns from customers.
5.2. In the event that the merchandise has factory defects, has suffered damage in transportation and/or storage, the customer may request the return of the Products solely at his own expense and only with the prior written authorization of the Seller or Distributor, the product change will be effective only within the first 30 calendar days after the delivery of the product.
5.3. Physical product changes must be requested from the seller within a maximum of 45 days after the purchase of the products, only covering shipping costs.


6. Terms of delivery and shipment


6.1. Title to the Products will pass to Customer upon delivery.
6.2. The risk of loss will pass to the Customer at the time of delivery.
6.3. Any responsibility of the Seller or the Distributor for the non-delivery of the Products will be limited to the replacement of these within a reasonable period of time.

 


7. Disclaimer of warranty


7.1. Seller warrants that all Products, at the time of sale by Seller (either to Distributor or Customer directly) will meet Seller's applicable specifications. SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's personnel are not authorized to modify this disclaimer of warranty.

 


8. Limitation of liability


8.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUES OR PROFITS OR REDUCTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING FROM ANY BREACH IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.2. IN NO EVENT SHALL SELLER'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE
AMOUNTS PAID TO SELLER FOR PRODUCTS AND SERVICES SOLD UNDER THIS AGREEMENT.
8.3. This limitation of liability is a material basis of the parties' bargain and reflects the negotiated allocation of risk between Seller, Distributor and Customer, without which Seller would not have agreed to provide the Products or Services at the price charged.

 


9. Compensation


9.1. Notwithstanding the provisions of section 9 hereof, either Customer, Distributor and Seller (as "Indemnifying Party") will indemnify the other party (as "Indemnified Party") for claims brought by a third party, cause of personal injury or damage to the tangible property of the third party, to the extent that they are caused by the negligence of the Indemnifying Party in connection with this Agreement. In the event that the injury or damage is caused by the joint or concurrent negligence of the Customer, the Distributor and the Seller, the loss or expense will be borne by each party in proportion to the degree of its negligence.

 


10. Intellectual Property Rights

10.1. Customer may not use or dispose of any of Seller's trademarks, copyrights or other intellectual property, including but not limited to the KB Kashia Beauty name, Seller's website, literature or advertising content, unless authorized by Seller in the Terms and Conditions or other written agreement.
10.2. Customer may not use any of Seller's trademarks, copyrights, or other intellectual property for personal use.
10.3. In the absence of a written agreement to the contrary, the Seller may use and publish any photograph, testimonial, idea or any other information that the Customer provides to the Distributor or the Seller, as well as review and correct said information without the prior approval of the Customer, provided that the information in question implies the products, brand or image of Kashia Beauty.

 


11. Confidential Information


11.1. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, designs, plans, drawings, documents, data, business operations, customer lists, prices, discounts or rebates, disclosed by Seller or Distributor to Customer, whether disclosed orally or disclosed or accessed in writing, electronically, or in any other form or medium, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement, is confidential , solely for use in the performance of this Agreement and may not be disclosed or copied unless previously authorized in writing by Seller. At the Seller's request, the Distributor shall promptly return
all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is (a) in the public domain; (b) known to the Distributor at the time of disclosure; or (c) rightfully obtained by Distributor on a non-confidential basis from a third party.

 


12. Termination


12.1. Seller may terminate this Agreement with immediate effect by written notice to Customer if Customer has failed to perform or comply with any of these Terms and Conditions, in whole or in part.
12.2. Otherwise, this contract will automatically renew effective January 1 of each year.

 


13. Amendment and modification


13.1. Seller may amend or modify these Terms and Conditions in writing with at least 30 days' notice to Customer.

 


14. Waiver


14.1. No waiver by Seller or customer of any provision of this Agreement shall be effective unless expressly set forth in writing and signed by Seller. The lack of exercise, or the delay in the exercise, of any right, resource, power or privilege derived from this Agreement does not operate, nor can it be interpreted, as a waiver of the same. No single or partial exercise of any right, remedy, power or privilege under this agreement excludes any other or subsequent exercise of this or the exercise of any other right, remedy, power or privilege.

 


15. Force majeure


15.1. Seller shall not be liable to Customer, nor shall Seller be deemed to have breached or breached this Agreement, for any failure or delay in performance or performance of any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Seller's reasonable control including, without limitation, flood, fire, earthquake, explosion, governmental action, war, invasion or hostilities (whether or not war is declared), terrorist threats or acts riots, or other civil disturbances, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (related or not to the labor of either party), or restrictions or delays affecting carriers or the inability or delay in obtaining supplies of adequate or appropriate materials, materials or interruption of telecommunications ications or power outage.

 


16. Assignment


16.1. Customer may not assign any of its rights or delegate any of its obligations under this Agreement without Seller's prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of Customer's obligations under this Agreement.

 


17. Relationship of the Parties

17.1. The relationship between the parties is that of independent business partners. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, or other form of joint business, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract with or bind the other party. no way.

 


18. Applicable Law


18.1. All matters relating to Seller arising out of or in connection with this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas.

 


19. Submission to jurisdiction


19.1. Any suit, action or legal proceeding against Seller arising out of or related to this Agreement shall be brought in the federal courts of the United States of America or in the courts of the State of Texas, in each case located in the city of Houston. and Harris County.

 


20. 21. Severability


20.1. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 


21. Survival


21.1. Provisions of these Terms and Conditions that by their nature should apply beyond their terms will survive any termination or expiration of these Terms and Conditions.


INTERPRETATION: The provisions of the points and collaboration rules that due to their nature should or have to be applied beyond their limitations, will remain in force even at the end of the validity of this contract.

 


22. Entire Agreement


22.1. These Terms and Conditions constitute the entire agreement between Seller and Customer regarding the subject matter hereof, superseding all prior and contemporaneous discussions, understandings and agreements relating to the subject matter hereof.


INTERPRETATION: These terms and conditions constitute the commercial collaboration agreement in its entirety in relation to the collaboration agreement implicit in the signing of this contract, and replace in its entirety verbal agreements, discussions, arguments, as well as any other arrangement that does not found in this collaboration agreement.

 

Terms and conditions of sale of KB Kashia Beauty products and services for Brand Ambassadors

 


NOTICE: The sale of any of the Products and Services is expressly conditioned on the Customer's acceptance of these Terms and Conditions. Any acceptance of Seller's offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Customer. No Client form will modify these Terms and Conditions, nor will any course of execution, course of dealing or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services will constitute the customer's consent to these Terms and Conditions.

 


1. Definitions


1.1. "Customer" means the stylist, barber shop, beauty spa or salon that purchases the Products and Services from the Distributor or Seller.
1.2. "Brand ambassador *(Influencer)" means promoter of the seller's products, through social networks, using their media and channels for their sale.
1.3. "Contract" means the contractual agreement signed by both parties or these Terms and Conditions, Seller's final quote, and Seller's order receipt. In case of conflict, the Terms and Conditions will take precedence over other documents included in the Agreement.
1.4. "Consumer" End user of the products that are the subject of this contract, who lacks direct participation in the commercial conditions of this legal tool for commercial collaboration.
1.5. "Distributor" means the person or entity to which Seller supplies the Products and Services under the Agreement.
1.6. "Products" means the supplies and other goods that the Seller has agreed to supply to the customer under the Contract.
1.7. "Seller" means LUANJUXI INC.
1.8. "Value-Added Services" means the seminars that the Seller has agreed to present for the Distributor or Customer.
1.9. "Terms and conditions" rules and regulations that govern the fulfillment of operations and collaborations, as well as the rights and obligations enjoyed by both parties signing this contract.

 


2. Obligations of the ambassador.


2.1. The ambassador will promote and sell the Products and Services through their social networks, offering a quality service to the Consumer.
2.2. The ambassador will be trained in value-added Products and Services, sales techniques, and professional development. (optional)
23. The ambassador must belong to one or more social networks. (ascertainable)
2.4. The ambassador will give advice and instructions to the Consumers in relation to the Products to guarantee optimal results of the same. (recommendable)
2.5. The ambassador must not market the seller's products in pyramid or multi-level business models.

 


3. Exclusivity conditions


3.1. The seller has exclusive rights to sell the products through online platforms.
3.2. The ambassador will be able to promote and sell Kashia Beauty brand products on their social networks and platforms, as long as the prices are within the minimum price suggested by the seller.
3.3. Seller has exclusive rights to work with *social media influencers.

 


4. Order conditions.


4.1. Orders must be made through the platform indicated by the seller's instructions, not placing orders through the indicated portals will imply delays in meeting delivery times, derived from this requirement the warehouse will proceed under the conditions that are presented .
4.2. Orders placed within the Texas area have a processing period of 3 to 5 business days for receipt at the indicated destination.
4.3. Orders with a destination outside the Texas area will have a processing period of 7 to 10 business days for receipt at the indicated destination.
4.4. Urgent or emergent orders will have an additional cost that may start at $25.00 us dlls.
4.5. Orders must be paid by Zelle, deposit or credit or debit card, as well as electronic transfer or any payment method in force at the signing of this contract.
4.6. Orders with a credit or debit card carry an extra charge of 3%.
4.7. The Seller reserves the right to establish a minimum selling price for the Products in order to maintain the image of the brand value of the KB Kashia Beauty Beauty Products.
4.8. Discounts applied to products should be consulted with the seller.

 


5. Order cancellation and return policy.


5.1. The seller will not accept product returns from ambassadors.
5.2. In the event that the merchandise has factory defects, has suffered damage in transportation and/or storage, the ambassador may request the return of the Products solely at his own expense and only with the prior written authorization of the Seller or Distributor, the product change will be effective only within the first 30 calendar days after the delivery of the product.
5.3. Physical product changes must be requested from the seller within a maximum of 45 days after the purchase of the products, only covering shipping costs.

 


6. Terms of delivery and shipment


6.1. Title to the Products will pass to the ambassador at the time of delivery.
6.2. The risk of loss will pass to the ambassador at the time of delivery.
6.3. Any liability of the Seller for non-delivery of the Products shall be limited to the replacement of the Products within a reasonable period of time.

 


7. Disclaimer of warranty


7.1. Seller warrants that all Products, at the time of sale by Seller (to ambassador directly) will meet Seller's applicable specifications. SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's personnel are not authorized to modify this disclaimer of warranty.

 


8. Limitation of liability


8.1. IN NO EVENT SHALL SELLER BE LIABLE TO BRAND AMBASSADOR OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUES OR PROFITS OR REDUCTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
8.2. IN NO EVENT SHALL SELLER'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO SELLER FOR PRODUCTS AND SERVICES SOLD. UNDER THIS AGREEMENT.
8.3. This limitation of liability is a material basis of the parties' bargain and reflects the negotiated allocation of risk between Seller and the brand ambassador, without which Seller would not have agreed to provide the Products or Services at the price charged.

 


9. Intellectual Property Rights


9.1. Brand ambassador may not use or dispose of any of Seller's trademarks, copyrights, or other intellectual property, including but not limited to the KB Kashia Beauty name, Seller's website, literature, or advertising content. , unless authorized by Seller in the Terms and Conditions or other written agreement.
9.2. Brand Ambassador may not use any of Seller's trademarks, copyrights, or any other intellectual property for personal use.
9.3. In the absence of a written agreement to the contrary, the Seller may use and publish any photographs, testimonials, ideas or any other information that the brand ambassador provides to the Seller, as well as review and correct such information without the prior approval of the brand ambassador, provided that the information in question implies the products, brand or image of Kashia Beauty.

 


10. Confidential Information


10.1. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, designs, plans, drawings, documents, data, business operations, customer lists, prices, discounts or rebates, disclosed by Seller or Distributor to Customer, whether disclosed orally or disclosed or accessed in writing, electronically, or in any other form or medium, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement, is confidential , solely for use in the performance of this Agreement and may not be disclosed or copied unless previously authorized in writing by Seller. At Seller's request, Distributor shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is (a) in the public domain; (b) known to the Distributor at the time of disclosure; or (c) rightfully obtained by Distributor on a non-confidential basis from a third party.

 


11. Termination


11.1. Seller may terminate this Agreement with immediate effect by giving written notice to Brand Ambassador if Brand Ambassador has failed to perform or comply with any of these Terms and Conditions, in whole or in part.
11.2. Otherwise, this contract will automatically renew effective January 1 of each year.

 


12. Amendment and modification


12.1. Seller may amend or modify these Terms and Conditions in writing with at least 30 days' notice to Customer.

 


13. Waiver


13.1. No waiver by Seller or brand ambassador of any provision of this Agreement will be effective unless expressly set forth in writing and signed by Seller. The lack of exercise, or the delay in the exercise, of any right, resource, power or privilege derived from this Agreement does not operate, nor can it be interpreted, as a waiver of the same. No single or partial exercise of any right, remedy, power or privilege under this agreement excludes any other or subsequent exercise of this or the exercise of any other right, remedy, power or privilege.

 


14. Force majeure


14.1. Seller shall not be liable to Brand Ambassador, nor shall Seller be deemed to have breached or breached this Agreement, for any failure to perform or delay in performance or performance of any term of this Agreement when and to the extent such failure or delay is caused by or resulting from acts or circumstances beyond Seller's reasonable control including, without limitation, flood, fire, earthquake, explosion, governmental action, war, invasion or hostilities (whether or not war is declared), threats or terrorist acts, riots, or other civil disturbances, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not labor related to either party), or restrictions or delays affecting carriers or the inability or delay in obtaining supplies of adequate or appropriate materials, materials or interruption of the s telecommunications or power outage.

 


15. Assignment


15.1. Brand Ambassador may not assign any of its rights or delegate any of its obligations under this Agreement without Seller's prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of Customer's obligations under this Agreement.

 


16. Relationship of the Parties


16.1. The relationship between the parties is that of independent business partners. Nothing in this Agreement shall be construed to create an agency, partnership, joint venture, or other form of joint business relationship, employment, or
fiduciary between the parties, and neither of them will have authority to contract for the other party or bind it in any way.

 


17. Applicable Law


17.1. All matters relating to Seller arising out of or in connection with this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas.

 


18. Submission to jurisdiction


18.1. Any suit, action or legal proceeding against Seller arising out of or related to this Agreement shall be brought in the federal courts of the United States of America or in the courts of the State of Texas, in each case located in the city of Houston. and Harris County.

 


19. 21. Severability


19.1. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 


20. Survival


20.1. Provisions of these Terms and Conditions that by their nature should apply beyond their terms will survive any termination or expiration of these Terms and Conditions.


INTERPRETATION: The provisions of the points and collaboration rules that due to their nature should or have to be applied beyond their limitations, will remain in force even at the end of the validity of this contract.
21. Entire Agreement
21.1. These Terms and Conditions constitute the entire agreement between Seller and Ambassador regarding the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings and agreements relating to the subject matter hereof.
INTERPRETATION: The provisions of the points and collaboration rules that due to their nature should or have to be applied beyond their limitations, will remain in force even at the end of the validity of this contract.
21. Entire Agreement
21.1. These Terms and Conditions constitute the entire agreement between Seller and Ambassador regarding the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings and agreements relating to the subject matter hereof.
INTERPRETATION: These terms and conditions constitute the commercial collaboration agreement in its entirety in relation to the collaboration agreement implicit in the signing of this contract, and replace in its entirety verbal agreements, discussions, arguments, as well as any other arrangement that does not found in this collaboration agreement.