These Commercial Terms of Sale (“CTS”) govern the purchase of products and services by commercial purchasers (“Customer”) from Marba Beauty LLC (“Marba Beauty,” “Company,” “we,” or “us”) through MarbaBeauty.com or other authorized sales channels.

If Customer and Marba Beauty have executed a separate written agreement covering specific purchases, that agreement will govern those purchases to the extent of any conflict.

By placing an order with Marba Beauty, Customer agrees to these Commercial Terms of Sale.

1. Pricing

Prices are determined according to the price list in effect at the time an order is placed and may vary by geography, sales channel, or product category.

Marba Beauty reserves the right to change prices at any time without prior notice.

Products sold by third-party sellers through the Marba Beauty Marketplace may be subject to separate pricing policies determined by those sellers.

2. Additional Charges

The total invoice may include additional charges such as:

• shipping or freight

• taxes

• delivery charges

• processing fees

• other applicable charges

Customer is responsible for payment of the total invoiced amount.

Third-party sellers on the Marketplace may set their own shipping and handling fees.

3. Payment Terms

Marba Beauty accepts the following payment methods:

• Credit cards (Visa, MasterCard, American Express, Discover)

• Debit cards bearing Visa or MasterCard logos

• PayPal

• AfterPay or other approved payment services

All payments are due at the time of purchase unless otherwise agreed in writing.

Marba Beauty reserves the right to charge unpaid balances on any future invoices owed by the Customer.

4. Title and Risk of Loss

For products sold directly by Marba Beauty:

• Title and risk of loss transfer to Customer upon delivery to the shipping carrier.

For products sold by third-party sellers through the Marba Beauty Marketplace, title and risk of loss transfer to Customer upon delivery to the Customer.

Loss, theft, or damage occurring after risk transfers does not relieve Customer of payment obligations.

5. Shortage Claims

Any claim for shortages in shipments must be submitted within five (5) days of the invoice date.

Claims must reference the specific invoiced product.

Backordered items are not considered shortages.

Marba Beauty will use commercially reasonable efforts to credit the Customer or replace the product, subject to product availability.

6. Returns and Warranties

Returns and warranty claims are governed by the Marba Beauty Returns and Warranty Policy, which applies to:

• purchases from Marba Beauty

• products purchased from third-party sellers through the Marketplace

Terms for services sold by third-party providers may be governed by separate service terms.

7. Warranty Disclaimer

Except for any warranties expressly stated in Marba Beauty’s official Warranty Policy, and to the fullest extent permitted by law:

Marba Beauty disclaims all other warranties, including:

• implied warranties of merchantability

• fitness for a particular purpose

• title

• non-infringement

No warranty arises from course of dealing, usage of trade, or operation of law.

8. Cancellation of Special Orders

Orders for non-stock or special-order products may not be canceled once placed unless approved by Marba Beauty.

If a special order is canceled, Customer remains responsible for any costs, fees, or losses incurred by Marba Beauty in connection with the cancellation.

Marba Beauty will make reasonable efforts to assist with cancellation requests but cannot guarantee cancellation with manufacturers or suppliers.

9. Customer Default

Customer is considered in default if Customer:

• fails to make payment when due

• becomes insolvent or bankrupt

• ceases operations

• assigns assets for the benefit of creditors

Upon default, Marba Beauty may exercise all remedies available under California law and the Uniform Commercial Code, including suspension of deliveries or collection of outstanding balances.

10. Resale Restrictions

Unless otherwise authorized in writing, Customer agrees that products purchased from Marba Beauty:

• may not be exported outside the United States

• may not be sold through unauthorized online marketplaces

• may not be diverted to unauthorized distribution channels

Marba Beauty reserves the right to refuse or limit orders if diversion risk is suspected.

11. Attorneys’ Fees

If legal action is required to enforce these Terms or collect unpaid amounts, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as permitted by law.

12. Governing Law

These Commercial Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law rules.

13. Dispute Resolution

Any dispute arising out of or relating to these Commercial Terms of Sale shall be brought exclusively in the state or federal courts located in the State of California.

Each party:

• consents to the jurisdiction of such courts

• waives objections based on venue or inconvenient forum

• waives the right to a jury trial to the extent permitted by law

The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and litigation costs.

14. Force Majeure

Marba Beauty shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to:

• natural disasters

• war or terrorism

• labor strikes

• supply chain disruptions

• transportation failures

• government actions

• internet or infrastructure failures

Force majeure does not excuse Customer’s obligation to pay for products already delivered.

15. Confidentiality

Customer agrees to keep confidential any non-public information obtained through its relationship with Marba Beauty, including but not limited to:

• pricing structures

• marketing strategies

• business plans

• product development information

• customer data

Customer shall not disclose such information without Marba Beauty’s prior written consent.

16. Term and Termination

These Commercial Terms of Sale become effective when Customer places an order and remain in effect until terminated.

Either party may terminate the relationship with thirty (30) days written notice.

Marba Beauty may terminate immediately if Customer:

• materially breaches these terms

• becomes insolvent

• changes ownership or business model in a way that materially affects the relationship

Termination does not affect orders already placed.

17. Compliance with Laws

Customer agrees to comply with all applicable laws and regulations, including laws relating to:

• labor and workplace safety

• environmental protection

• anti-corruption and anti-money laundering

• data protection and privacy

• taxation and competition laws

• economic sanctions

18. Entire Agreement

These Commercial Terms of Sale, together with any referenced policies and applicable orders, constitute the entire agreement between Marba Beauty and Customer regarding the purchase of products and services.

Customer purchase orders or forms containing additional or conflicting terms shall have no legal effect unless expressly accepted in writing by Marba Beauty.

19. Independent Contractors

The parties are independent contractors.

Nothing in these Terms creates a partnership, joint venture, or agency relationship.

Neither party may bind the other without prior written consent.

Contact

For questions regarding these Commercial Terms of Sale:

Marba Beauty LLC
CustomerService@marbabeauty.com