Terms & Conditions

GENERAL

In these Terms and Conditions, the “Company” or “our/ours/we” means Naturich Labs, Inc. and the “Client” means the addressee on the reverse hereof. In these Terms and Conditions, “Service(s)” shall apply to and form part of any contact arising from the acknowledgement of the order of the Client and from any repeat or further orders for the same or similar goods whether generally or otherwise and not the subject of a further acknowledgement. The contract and these Terms and Conditions may only be varied or modified hereafter if expressly agreed to in writing by the Company.
Our Terms and Conditions apply to all users of the site, including without limitation users who are either customers, merchants, browsers, vendors, and/ or contributors of content. By accessing or using any part of the site, the Client agrees to be bound by these Terms and Conditions. Any amendments, tools or new features added to the current site shall also be subject to the Terms and Conditions. We reserve the right to amend, update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SERVICE AND PRICE REVISIONS

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to the Client or to any third-party for any modification, price change, suspension or discontinuance of the Service.

RIGHT OF REFUSAL

We reserve the right to refuse service to anyone for any reason at any time. The Client understands that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by the Company.

OPTIONAL TOOLS AND SERVICES

We may provide the Client with access to third-party tools over which we neither monitor nor have any control nor input.

The Client acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any such new features and/or services, including any third party links provided in present or the future shall also be subject to these Terms and Conditions.

PERSONAL INFORMATION

The Client’s submission of personal information through the site is governed by our Privacy Policy.

ERRORS AND OMISSIONS

We reserve the right to correct or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order). If your credit card has already been charged for the purchase and your order is cancelled, Naturich shall issue a credit to your credit card account in the amount of the incorrect price. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, the Client is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

TERMINATION

These Terms and Conditions, or any part of them, may be terminated by Naturich 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.

GOVERNING LAW

The use of this site and these Terms and Conditions and any dispute arising out of or related hereto will be governed by the law of the State of Texas, USA, without giving effect to any conflict of laws principles that would require the application of the law of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Prior to filing a complaint, the parties will use reasonable efforts to resolve any dispute arising out of these Terms and Conditions. If the parties are unable to resolve the dispute, either party may seek legal relief in accordance with this Section. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions shall be finally determined by binding arbitration administered by the Rules of Arbitration of the American Arbitration Association in the Dallas metropolitan area, in the English language, and before one arbitrator that is mutually acceptable to the parties. If the parties cannot agree on an arbitrator, each party will appoint one arbitrator and the third arbitrator will be appointed by the arbitrators. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding the foregoing, nothing in this Terms and Conditions shall limit either party’s right to seek immediate injunctive or other equitable relief whenever the facts or circumstances would permit such party to seek such relief in a court of competent jurisdiction

INDEMNIFICATION

You agree to indemnify and defend Naturich and our officers, directors, agents, contractors, servants, representatives or employees from and against all claims and shall pay any award, damages, or costs (including, without limitation, reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction or agreed on in a settlement of any such claim arising out of (a) any alleged infringement or misappropriation by the specifications of any third party’s intellectual, industrial or other property rights, or (b) any gross negligence or willful misconduct by you, your affiliates, or its or your officers, directors, agents, contractors, servants, representatives or employees

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

In no case shall Naturich, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Naturich’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 Naturich be liable for incidental, consequential, special, indirect or punitive damages.

CHANGES TO TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to update, change or replace any part of our Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

By agreeing to these Terms and Conditions, you agree that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.

ORDER POLICIES

Any order placed by the Client is deemed to incorporate these Terms and Conditions notwithstanding any inconsistencies which may be introduced in the order of the Client unless the same are expressly agreed to in writing by the Company.

The quotation by the Client either by its conduct or orally or in writing of an order number will constitute the placing of an order and the acceptance of these Terms and Conditions and the order once having been placed cannot be cancelled unless expressly agreed to in writing by the Company.

The entry level Tier 1 has a minimum purchase requirement of $250 and products can be mixed and matched to meet this threshold. All products are sold in increments of 6 units per product, and tier MOQs are calculated based on cases of 6. Each subsequent tier has additional customization options that are available to the client. Please reference MOQ Tiers grid to learn more about quantities and customization options.

We only sell to licensed Professionals or Businesses. To qualify as an account, Naturich requires a valid Tax ID to be provided upon registration on the website. Without a valid Tax ID, business may not be conducted.

Naturich requires a Sales Tax Exemption form from its clients if their business, salon, spa etc. operates in Texas. Naturich does NOT need a resale certificate if the client’s business is NOT in Texas. However, in the unlikely situation that a client’s main business office is in Louisiana, for example, and they run one of their franchises (salon, spa, etc.) in Texas, then Naturich does require a resale certificate. This must be collected during client onboarding and before any work is started/completed on a project.
If delivered out of state – no sales tax
If delivered in the state – resale tax certificate
If delivered in the state (TX) for an out of state business – resale tax certification

RETURNS & SHORTAGES

All goods purchased from Naturich are sold as a final sale and are not returnable unless the contents or packaging are determined to be defective upon receipt. Please inspect your packages upon receipt. Damages must be reported within 7 calendar days of receipt to the Project Manager. Proof in form of dated receipts and pictures must be provided. For any claims beyond the 7 calendar days of receipt are ineligible for returns and refunds.

No returns or refunds without prior authorization from Naturich.

Any shortage must be reported immediately upon receiving merchandise and no longer than 7 business days after receiving merchandise. Client is advised to check shipment against invoice.

SHIPPING

All orders will be charged for shipping at live rates.

Shipping costs are based upon size and weight. A large order is generally shipped on a pallet via a trucking company. A small order will generally go via FedEx Ground. Shipping charges apply and are billed separately.

Additional charges apply for rush shipments.

If the shipment is not received by the client and is returned to Naturich, the Client is responsible for additional shipping fees to re-ship the order.

Risk of damage to or loss of the Goods will pass to the Client upon delivery to the chosen carrier. Property in the Goods will not pass from Naturich until Naturich has received full payment of the order and all other sums which are due, owing or payable by the Client to Naturich in respect of the Contract or any other Contract between Naturich and the Client.

SAMPLE ORDERING AND PRICING

Clients are encouraged to order samples to test products. A maximum of 12 units per SKU can be ordered for samples. The cost of samples is 50% of wholesale price. Each sample received is a full retail size product in standard packaging only.

All sample orders are final sale only and are not eligible for refunds or returns.

Volume discounts are not applicable to sample orders.

All sample orders are to be placed under the Naturich Private Label website. Sample orders must be paid in full with a credit card, debit card or Paypal.

All prices are subject to change.

Naturich shall not be liable to the Client or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The Client shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent.

RETAIL AND BULK PRICING

As we only sell to licensed Professionals or Businesses, pricing is available once a Client has registered for an account on the website.

All prices are subject to change.

Naturich shall not be liable to the Client or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The Client shall be responsible for all applicable taxes, including taxes applicable in the territory to which the Goods are sent.

RETAIL VOLUME DISCOUNT PRICING

Orders between $5,000 – $9,999 will receive a 5% discount. Orders that are $10,000 and over will receive a 10% discount.

Volume discounts are not applicable to sample orders or bulk orders.

PAYMENT TERMS

For the initial order, a 50% deposit is required from the Client upon selection of product and quantities as listed on the issued Purchase Order (PO). All deposits are non-refundable.

Remaining balance must be paid in full once the order is ready to ship. If the remaining balance has not been received, the order will be on hold until payment is completed. Any delays as a result of late payment is the responsibility of the Client.

Orders cannot be cancelled once production begins.

ACCEPTED FORMS OF PAYMENT

All sample orders are to be placed on the Naturich Private Label website. Sample orders must be paid in full with a credit card, debit card or PayPal.

All non-sample orders must be paid with a credit card, ACH, business check, money order or bank wire transfer. Cash on delivery is not accepted (COD).

All credit card payments will assess a 3% convenience fee. Returned checks will incur a $35 in addition to the amount owed.

LEAD TIMES

Sample orders ship approximately 2 to 3 business days after payment is received.

Initial orders ship approximately 4 to 6 weeks from artwork completion, given payment has been received. If payment has not been received, delays to lead time may occur. Artwork completion means either wrap labels have been sent to Naturich and in-house, screens have been ordered, and/or die lines are final.

Screen print reorders ship within 2 to 3 weeks after full payment is received.

Label reorders ship within 2 to 3 weeks after full payment is received. This is contingent upon no artwork changes and labels being in-house at Naturich. If artwork must be changed and/or labels need to be ordered, the lead time will be adjusted accordingly. Clients should work with their Project Managers on adjusted timelines.

Component delays beyond Naturich’s control may affect lead times and shipping dates. Please allow additional processing time for larger orders (Tiers 4-6). Clients should work with their Project Managers on adjusted timelines.

CLIENT-PROVIDED PACKAGING

Starting at Tier 4, Clients have the option to provide their own sourced packaging instead of choosing from Naturich’s packaging options.

Please note that final pricing is subject to change given the packaging type and size may impact net fill weight. Additional testing and fees will apply. To account for additional testing and processes, expect a longer lead time for project completion.

SCRAPS & SURPLUS

For clients providing their own materials such as packaging, labels, etc., there will be:
3-5% scrap on components
5-10% scrap on finished goods such as labels, bottles, caps
10% surplus or shortage on the final product

10% RULE

For Tiers 2-6 projects where bulk is made to order, there is a 10% +/- threshold on finished goods per product. The Client is responsible for the payment of additional production up to 10% of the Client’s order quantity. For example, if the client’s order is for 100 shampoos, production could yield 110 or 90 pending on the fill. If it yields 110, the Client is to pay for the additional 10 units as per the terms of this Section. For under-production up to 10% less than the Client’s order quantity, Naturich will deduct this amount in the final invoice. If production yields quantities beyond 10% +/-, the Client is not responsible for payment or acceptance of quantities but has the option to purchase surplus quantities for a 10% discount.

For Tier 1, the 10% rule does not apply and exact order quantities will be met.

PRODUCT DEVELOPMENT AND FORMULA OWNERSHIP

Naturich has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.

Naturich reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Formula ownership is not in scope or available for the Private Label program. If a Client is interested in formula ownership, please work with a Project Manager to learn more about eligibility and details.

PRODUCT LABELING

It’s necessary to comply with all federal, state and local cosmetic labeling and packaging laws and regulations.

All products must comply with FDA regulation 21.C.F.R. which includes that all cosmetic and skincare products have the following information:
Directions*
Cautions (Naturich to provide, no edits by Client)
Ingredients (Naturich to provide, no edits by Clien
Product Name*
Fill Quantity (Naturich to provide, no edits by Clien
Distributed By info:
Company or Personal Name
City, State & Zip Code
Email, Website or Phone #

*Client may modify if meet MOQ criteria of 240 units per product

PACKAGE DECORATION AND FEES

Naturich offers in-house screen printing for packaging artwork. This option is eligible for Tiers 2-6 with varying degrees of screen printing customization. If a Client was to select screen printing for their artwork application, below are the fees associated with this selection:
Set-Up Fee: $50 per SKU/per size/per color (charge incurred every order/reorder)
Artwork Film Fee: $30 per SKU/per size/per color (one-time charge assuming no changes when reorder)
Production of Screens Fee: $80 per SKU/per color (one-time charge assuming no changes when reorder)
Revisions to screens: $50 per SKU/per size/per color

For Clients choosing to place a spot label on pre-printed packaging, Naturich can create spot labels in-house at no additional charge.

For Clients choosing to apply a wrap label for packaging artwork, Clients must provide Naturich the final labels for application during production. Naturich will provide critical information such as die lines and specifications to help the Client order labels that comply with packaging specifications. Naturich can provide a list of label printing service providers to support Clients with label production needs. (Label printing service providers recommended by Naturich are third party providers and do not have any direct affiliation to Naturich).

Currently Naturich does not have a designer in-house to support Clients with artwork design needs. Naturich can provide a list of designers for the Client to contact for creating a logo and artwork. (Designers recommended by Naturich are third party designers and do not have any direct affiliation to Naturich).

PRODUCT LIABILITY INSURANCE

Free Product Liability Insurance is provided to clients. Please work with a Project Manager for more information. (Not applicable if the product is re-packaged.)

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to privatelabel@naturich.com.

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