Terms & Conditions + Legal Information

  • TERMS & CONDITIONS OF SALE:

All sales are subject to Brushes by Karen’s Policies, Terms and conditions.

Placement of your order with Brushes by Karen indicates that you have read & accept without exclusion all our policies terms and conditions. We reserve the right to refuse delivery if our terms and conditions are not met.  If You Do Not Understand Any of These Terms It Is Your Responsibility to Ask!

PAYMENT We accept Visa, MasterCard, Discover or American Express or can send orders under $500.00 via C.O.D.

Resale # must be given or order may be subject to sales tax.

FIRST TIME ORDERS AND SUBSEQUENT ORDERS OVER $500.00 MUST BE GUARANTEED ON A CREDIT CARD OR PRE-PAID WITH CERTIFIED CHECK OR MONEY ORDER. WE DO NOT ACCEPT POST DATED CHECKS. Orders over $5,000 must be paid via wire transfer. Please note that we charge a $20.00 wire fee to your invoice. OUR CREDIT CARD AUTHORIZATION FORM MUST BE FILLED OUT TO OUR SATISFACTION AND RETURNED TO US PRIOR TO SHIPPING OR TRANSACTION CAN BE MADE ON OUR ONLINE PAYMENT CENTER. ALL CUSTOM ORDERED AND IMPRINTED MERCHANDISE REQUIRES A HALF DEPOSIT AT TIME OF ORDER.

* ERRORS OR PROBLEMS Please report any errors within 5 working days of receipt of your order. If you received an item sent in error (on our part), we will issue a call tag to pick up the merchandise. The correct merchandise will be sent out to you immediately. All sales are subject to Brushes by Karen’s Policies, Terms and Conditions. Placement of your order with Brushes by Karen indicates that you have read & accept without exclusion all our policies terms and conditions.

* DAMAGED ITEMS Please call us immediately! We will contact your local U.P.S. office for a damage inspection. BE SURE TO LEAVE THE DAMAGED GOODS IN THE ORIGINAL SHIPPING CARTON. We cannot replace a damaged shipment if a claim has not been properly placed with UPS or carrier of record.

* THIRD PARTY SHIPPING:  If we are to ship to a third party on your behalf (co packer, fulfillment center, printer, etc.), It is yours and the consignees responsible to report any issues within 48 hours of receipt. (shortages, damages, etc.).  After said time, we will not be held responsible for any issues that may arise.

*RETURNS Please Order Carefully. We Cannot Accept Any Returns. DO NOT SEND MERCHANDISE BACK WITHOUT CALLING FOR AN AUTHORIZATION NUMBER. ALL RETURNS MUST BE GIVEN AN AUTHORIZATION NUMBER. ALL RETURNS WITHOUT AUTHORIZATION WILL BE REFUSED! Any returns that are given authorization must be in their original and re-sellable condition. Deposits and payments taken against imprinted or custom-made orders are not refundable.

* RETURNED CHECKS & FEES There is a $20.00 fee on any returned check. This fee is in addition to the original check amount. Future orders are held until the check and fee are paid in full. Returns and Cancellations are subject to a 15% restocking charge. (Unless the error was ours). Refunds to credit cards (due to customer error, changes or cancellation) are subject to a 4% processing charge deducted.

* DEPOSITS / LATE FEES / ETC. Deposits and payments taken against imprinted or custom-made orders are not refundable. Clients are responsible for accepting completed custom orders within 30 days of notice of completion.

* SHIPMENT REFUSALS Once you have placed an order, you or the “ship to party” are responsible for accepting delivery. If an order is returned due to it being refused or if no one is there to accept it or pay the C.O.D. amount, you will be responsible for the shipping charges and 15% restocking fee. If re-shipped, both freight charges will be imposed. No further orders will be shipped until your account is clear. Please make arrangements to accept your shipments. There is a 2% finance charge, per month on all orders past 45 days.

If it ever becomes necessary to use the services of a collection agency, the client will be responsible for agency fees, in addition to the amount due Brushes by Karen. Future orders are held until payments and any fees are paid in full.

AS A PRIVATE LABEL COMPANY YOU ARE PROHIBITED FROM USING OUR COMPANY NAME IN ASSOCIATION WITH YOUR SALES & MARKETING. WE DO NOT ALLOW THE SALE OF OUR ITEMS ON EBAY OR SIMILAR ONLINE AUCTIONS.

* MINIMUM ORDER Our minimum order is only $100.00 / Must be 3 PCs. and up per item. Orders that are shipped outside of the USA require a $250.00 minimum order and 12 PCs. and up per item. (Sorry – No Exceptions to our minimums) We are a wholesale company. You must be a re-seller within the industry to order

Client is responsible for all importation shipping costs, including duties & taxes.

* SUGGESTION Since we do not take returns – If you are unsure of an item, we will allow you to try one piece of it (one time only), within your “Minimum Met” order- to see if you like it. This way you are not stuck with unwanted merchandise. Re-orders of the same item must be 3 PCs. or more.

When calling to place a reorder, please have a brochure or previous invoice in front of you to refer to the correct styles.  *** Please Know the Exact Name of The Item That You Wish to Order. We Cannot Be Held Responsible for Sending the Wrong Item If We Are Not Given Its Proper Identification. *** PLEASE NOTE: To ship all our clients in a timely fashion, once the order has gone through processing we are unable to make any changes. Additional merchandise needs must be treated as a new order and meet our minimums. We require approximately 2 – 3 Working days to process most orders (longer for imprinted & custom order made or custom packed merchandise). Next Day or 2nd day air will speed up the time in transit – not our processing time. Rush orders may incur an extra charge. Shipping is made with UPS (we do not ship through US Postal Service).

* OUT OF STOCK ITEMS Although we try to keep a large inventory of each item in stock, occasionally out of stock situations occur due to our vast product line. We will do our best to inform you of “out of stock” goods that are known to us at time of order placing, so that you may elect to order an alternate item. If an item becomes out of stock when your order hits the shipping department – we will take this item off your invoice and ship only the “in house goods”. The out of stock items will be written on your invoice for your reference We have kept our minimum orders low throughout the years and ask that you please re-order any out of stock items on a new, minimum met order. Exceptions are considered on a case-by-case basis. We want to be able to handle your order as efficiently as possible.

* DELIVERY, DELAYS

All shipment dates are estimates only, and Seller shall not be liable for any damages relating to failure to ship the as of a certain date. Seller shall not be liable for loss or damage of any kind, resulting from delay in performance or inability to deliver its products on account of acts of God, Force majeure, fire, labor disputes, accidents, acts of civil or military authorities, war, terrorism, riot, default or delay by supplier, breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in obtaining necessary materials, labor or manufacturing facilities due to such causes or any other cause beyond Seller’s reasonable control.

* COMPLIANCE: As a private label company, we are selling our product unbranded, freely throughout the world. It is the responsibility of the importer (yourself) to comply with all your countries rules and regulations for the importation and sale of these goods.  Whether you are seeking your own brand certification, health certification, regulatory, or any other type of claim or seal of approval…you will need to contact the said organization for more information.  Once you sign with an organization, we will work directly with the authorized authorities and do our best to send the necessary confidential documentation needed.  All fees, etc. associated with it are ultimately your responsibility.  The end certification is your brand name that you own.  If anyone else in your country wants to the same – they must go through the same process for their own brand name.

See additional labeling information at bottom of form.

* FORMULATIONS

Please check with us before printing your own ingredient labels. Listings are subject to change!

Our stock makeup is pre-labeled with ingredients listed by name (INCI Name) in descending order of predominance,  shade name, net weight and country of manufacture. (The “may contain” section allows us to list one generic label for all shades in the same group).

As a private label (no-name brand) we are not making claims on our formulas.  As the end retailer, you are responsible for your own testing for claim as well as for other purposes that it might be a requirement.

Products that are made gluten- free and Vegan are to the best of our knowledge based on supplier information and formulation procedures. Normal operations involve shared kettles and preparation areas that may contain traces of gluten.

We are producing our natural makeup using natural and certified organic ingredients that we procure from our vendors.  As a private label (no-name brand) our formula, in a whole, is not certified.  Therefore, we are not making this product claim, and neither should you.

Formulations, packaging ingredients and ingredient suppliers are all subject to change.

“Client affirms that it will not conduct, commission, or be a party to animal testing nor allow animal testing to be performed by or for submission to regulatory agencies in order to distribute our products in any and all markets.”

 

Not responsible for typographical errors.  Prices, Terms & Conditions are subject to change without notice.


 

LEGAL INFORMATION By purchasing products advertised on this website, the customer agrees to abide by all terms and policies as set forward by Brushes by Karen, Inc. (BBK). BBK products are carefully formulated in strict accordance with the U.S. FDA Good Manufacturing Practices guidelines. We take pride in our products, and are careful to bring you the very best ingredients and formulations available. Please use our products as suggested. Product Safety The information provided by BBK is for informational purposes only, and we do not make medical claims for our products. BBK products are not intended to diagnose, treat, cure, or prevent disease. If you have any medical questions, speak with your doctor. Products should only be used as directed. Complete ingredient lists are provided on the product label and/or in the accompanying product information. Customers who experience sensitivity or allergy while using our products are advised to discontinue product use and consult a physician. BBK cannot be held liable for misuse of our products. You are solely responsible for the proper use of products offered on BBK. Because each person’s skin is unique, we make no warranties, expressed or implied, regarding the effectiveness of products. You are using products listed on our site at your sole risk and are responsible for all actions and consequences of usage. Always patch test products before use. You agree to indemnify and hold harmless BBK from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any other direct or consequential loss) incurred or suffered directly or indirectly as a result of using any product listed on our website.   Legal Disclaimer You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the site without the written permission of Brushes by Karen, Inc. (hereinafter referred to as “BBK”) While BBK uses reasonable efforts to include accurate and up to date information in the Site, BBK makes no warranties or representations as to its accuracy. BBK assumes no liability or responsibility for any errors or omissions in the content of the Site. BBK is providing this site and its contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this site, the information, content, materials or products, included on this site. To the fullest extent permitted by law, BBK disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, BBK does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice. BBK will not be liable for any damages of any kind arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Applicable Law This site is created and controlled by BBK in the State of New York, U.S.A. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. BBK reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time. Fraud Protection Program We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Intellectual Property and Copyright All text, images, and advertising material used within this website are property of Brushes by Karen, Inc. The contents of this website may not be reproduced in whole or in part without express written permission. Brushes by Karen, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Limitation of Liability

Seller’s liability hereunder shall not be greater in amount than the purchase price of the    shipment of the product in respect of which damages are claimed.  In no event shall seller be liable for incidental, consequential, special, indirect or punitive damages.

 

Not responsible for typographical errors. / Prices are subject to change without notice.       

We do not allow the sale of our items on eBay or similar online auctions.

 

Copyright ® 2017 Brushes by Karen., Inc.

All rights reserved.  Photos and design are the sole property of Brushes by Karen, Inc.

 

TITLE 21–FOOD AND DRUGS

CHAPTER I–FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES

SUBCHAPTER G–COSMETICS

PART 701 — COSMETIC LABELING

Name and place of business of manufacturer, packer, or distributor.

(a) The label of a cosmetic in package form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor.

(b) The requirement for declaration of the name of the manufacturer, packer, or distributor shall be deemed to be satisfied in the case of a corporation only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. Abbreviations for “Company,” “Incorporated,” etc., may be used and “The” may be omitted. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used.

(c) Where the cosmetic is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such cosmetic; such as, “Manufactured for _______”, “Distributed by ________”, or any other wording that expresses the facts.

(d) The statement of the place of business shall include the street address, city, State, and ZIP Code; however, the street address may be omitted if it is shown in a current city directory or telephone directory. The requirement for inclusion of the ZIP Code shall apply only to consumer commodity labels developed or revised after the effective date of this section. In the case of nonconsumer packages, the ZIP Code shall appear either on the label or the labeling (including the invoice).

(e) If a person manufactures, packs, or distributes a cosmetic at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where such cosmetic was manufactured or packed or is to be distributed, unless such statement would be misleading.

 

 

 

 

 

 

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