Terms of Service

Last updated: August 27, 2026

Overview

Welcome to New York Cosmetics. New York Cosmetics is operated by Beaussentials LLC. The terms “New York Cosmetics,” “we,” “us,” and “our” refer to New York Cosmetics and Beaussentials LLC, as applicable.

New York Cosmetics operates this website and online store, including the information, content, features, tools, products, wholesale inventory, Reseller Boxes, subscription offerings, and related services made available through it, collectively, the “Services.” Our online store is hosted by Shopify, which provides the ecommerce platform used to offer the Services.

These Terms of Service, together with our Privacy Policy, Return, Refund and Claims Policy, Shipping and Delivery Policy, Purchase Options Cancellation Policy, and any product-specific or transaction-specific terms presented before purchase, govern your access to and use of the Services.

Please read these Terms before using the Services or placing an order. By visiting the website, creating an account, checking out as a guest, submitting information, placing an order, enrolling in a subscription, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Nothing in these Terms limits or waives any right or remedy that cannot lawfully be limited or waived under applicable law.

1. Who May Purchase

New York Cosmetics is open to individual consumers and business customers. Retailers, resellers, salons, beauty professionals, ecommerce sellers, distributors, organizations, and members of the general public may purchase from us.

You do not need a business account, resale certificate, or prior wholesale approval to place a taxable order. Guest checkout may be available. A resale certificate or other tax documentation is required only when you request tax-exempt treatment or when otherwise required by law.

Some products are sold in case packs, lots, or other quantity increments. These purchasing requirements apply to all customers and do not mean that the website is restricted to businesses.

You must be at least the age of majority in your jurisdiction and have legal capacity to enter into a binding agreement. A minor may use the Services only through a parent or legal guardian who accepts responsibility for the transaction.

For these Terms, a “Business Customer” means a person or entity purchasing primarily for resale, distribution, commercial use, or another business purpose. Provisions expressly addressed to Business Customers apply only in that capacity.

2. Accounts and Customer Information

An account is optional unless a particular feature requires one. You agree to provide accurate, complete, current, and authorized information, which may include:

• Name and business name, if applicable

• Email address and telephone number

• Billing and shipping addresses

• Payment and delivery information

• Resale certificate or tax-exemption documentation, if applicable

• Other information reasonably necessary to process an order or prevent fraud

You are responsible for protecting your account credentials and for activity conducted through your account. Notify us promptly if you believe your account has been accessed without authorization. You may not sell, assign, or provide your account to another person without our permission.

We may reasonably refuse, restrict, suspend, or close an account because of fraud, unauthorized activity, abuse, unpaid amounts, security concerns, or a material violation of these Terms. We will not restrict an account for an unlawful or discriminatory reason.

3. Wholesale, Closeout, and Secondary-Market Inventory

Our inventory may include:

• Regular wholesale merchandise

• Closeouts and overstock

• Liquidation and secondary-market inventory

• Shelf pulls and promotional merchandise

• Discontinued or older packaging

• Mixed lots and Reseller Boxes

• Opportunistically acquired inventory

Availability may be limited, may change quickly, and may not be replenished after an item sells out. Depending on the listing, merchandise or its packaging may have retail stickers, price labels, minor exterior wear, small dents or scuffs, discontinued artwork, promotional markings, older packaging, missing outer retail boxes, shelf wear, date information, or other characteristics associated with closeout inventory.

We make reasonable efforts to disclose known material condition information in the applicable listing or written quote. You are responsible for reviewing the complete listing, selected variant, case quantity, condition, and other disclosed details before ordering.

We do not knowingly represent used, opened, counterfeit, or materially damaged cosmetics as new standard retail merchandise.

4. Product Information and Photographs

We make reasonable efforts to describe merchandise accurately. Listings may identify the product name, brand, shade, color, size, weight, packaging condition, case quantity, SKU, UPC, MSRP, date information, and other relevant characteristics.

Product photographs are intended to reasonably represent the listed merchandise but may not show the exact unit shipped unless the listing expressly says otherwise. Manufacturer artwork, packaging, labels, formulas, shades, promotional markings, and designs may change by batch or inventory source. Screen and lighting differences can also affect how colors appear.

A packaging variation that does not materially change the identity, quantity, shade, size, disclosed condition, or intended function of the product is not by itself a fulfillment error. Material differences remain subject to our Return, Refund and Claims Policy and applicable law.

Product descriptions, prices, and availability may be updated prospectively without notice. We may discontinue products and set reasonable purchase limits.

5. Brand Names, Trademarks, and Authenticity

Third-party brand names, product names, packaging, logos, and trademarks belong to their respective owners. Their appearance on our website is for product identification and does not, by itself, mean that New York Cosmetics is an authorized dealer, authorized distributor, franchisee, agent, sponsor, partner, or affiliate of that brand.

New York Cosmetics does not knowingly offer counterfeit merchandise. If you have a good-faith authenticity concern, stop using or reselling the affected item and contact us promptly with the order number, product identifiers, photographs, and supporting information. We will review the concern under our Return, Refund and Claims Policy and applicable law.

6. Product Use, Safety, and Recalls

Read and follow all manufacturer labels, ingredient statements, warnings, storage directions, expiration information, and instructions before using or reselling a product.

Do not use a product if its seal is unexpectedly broken, its condition appears unsafe, or you have an allergy or sensitivity concern. Discontinue use and seek appropriate professional advice if an adverse reaction occurs.

Website content is not medical, dermatological, pharmaceutical, or other professional advice. Product results vary by person, and we do not guarantee compatibility with a particular skin type, hair type, health condition, or intended use unless expressly stated in writing.

If a product becomes subject to a safety recall or stop-sale notice, customers and Business Customers must follow the applicable notice. Business Customers are responsible for reasonably maintaining records needed to identify downstream inventory and for stopping resale when legally required.

7. Orders and Acceptance

Submitting an order is an offer to purchase. An automated order acknowledgment confirms receipt but does not necessarily mean that the order has been finally accepted.

Orders remain subject to payment approval, fraud review, inventory verification, case-pack requirements, pricing verification, shipping feasibility, and compliance with these Terms.

We may accept an order by sending a shipping confirmation, confirming pickup or freight release, or otherwise expressly confirming acceptance. Payment may be authorized or captured before final acceptance.

If we cancel an order or remove an unavailable line, we will refund or release the applicable amount.

We may reasonably reject, limit, partially cancel, or modify an order because of:

• Inventory or fulfillment discrepancies

• Obvious pricing, product-data, or technical errors

• Suspected fraud or unauthorized payment

• Failure to meet disclosed case-pack requirements

• Carrier, geographic, legal, or safety restrictions

• A material violation of these Terms

If a material change is necessary, we will make reasonable efforts to notify you and will provide any refund required for canceled or unavailable merchandise.

8. Case Packs, Quantities, and Inventory

Many products are sold in required case-pack quantities. If a listing states “Case Pack of 12,” the product must ordinarily be purchased in multiples of 12. A product expressly marked “Case Pack of 1” may be purchased as an individual unit.

Different SKUs, shades, sizes, or UPCs cannot be combined to satisfy one product's case-pack requirement unless the listing or a written quote expressly allows it.

There is no separate sitewide dollar minimum unless one is clearly disclosed before purchase or included in an accepted quote.

The website may restrict quantities based on case-pack size, purchase limits, available inventory, and the number of complete cases available.

Displayed inventory is not guaranteed to be error-free or real-time because concurrent orders, warehouse adjustments, damage, counting differences, and system synchronization can affect availability.

9. Pricing, MSRP, Savings, and Promotions

Prices may be displayed per unit, per case, per lot, or per box. The product page, cart, and order summary should be reviewed together to confirm the applicable quantity and total.

We may correct an obvious typographical, technical, or pricing error before acceptance. If an affected order is canceled, the applicable amount will be refunded. We will not retroactively increase the price of merchandise in an accepted order.

Any MSRP, comparison price, estimated savings, margin illustration, or resale information is provided for reference. MSRP may change, and we do not guarantee that another retailer currently sells the product at that price or that a customer can achieve a particular resale price, margin, or profit.

Discount codes, promotions, credits, and special offers may be subject to stated eligibility, product, customer, quantity, timing, and combination restrictions.

Unless an offer expressly says otherwise, discount codes do not apply to Reseller Box subscriptions or other recurring purchase options. A promotion does not apply retroactively to a completed order.

10. Taxes and Resale Certificates

Applicable sales tax and other government charges will be collected when required.

Customers requesting tax-exempt or resale treatment must provide valid, complete, current, and authorized documentation before the exemption is applied.

Submission of a certificate does not guarantee acceptance. We may collect tax until documentation is reviewed and approved.

Customers are responsible for maintaining valid records, providing accurate information, and satisfying tax obligations that New York Cosmetics is not legally required to collect.

False, expired, altered, or unauthorized tax documentation may result in tax collection, order cancellation, account restriction, and other lawful action.

11. Payment, Verification, and Chargebacks

You agree to provide accurate billing information and represent that you are authorized to use the selected payment method.

You are responsible for merchandise charges, shipping, freight, taxes, and other charges clearly disclosed or authorized in connection with the order.

We may conduct payment, identity, address, and fraud verification and may delay fulfillment while a transaction is being reasonably reviewed.

If you believe a charge is incorrect, contact us promptly so we can investigate.

Fraudulent, abusive, or knowingly improper chargebacks may result in account restriction and may be disputed using transaction, communication, invoice, fulfillment, and delivery records.

Nothing in this section limits a customer's legitimate rights under payment-card rules or applicable law.

12. Shipping, Freight, and Pickup Charges

Customers are responsible for shipping and freight charges. New York Cosmetics does not provide free shipping unless a particular written offer expressly says otherwise.

Merchandise prices do not include shipping or freight unless expressly stated.

Shipping and freight are handled separately from the merchandise order. After an order is placed and reviewed, New York Cosmetics may provide a separate shipping or freight quote based on the order size, destination, merchandise, carrier requirements, and appropriate transportation method.

Transportation may include USPS, UPS, parcel delivery, LTL freight, palletized freight, commercial trucking, courier service, customer-arranged pickup, or another appropriate method.

Additional carrier charges attributable to an order may include insurance, liftgate service, residential delivery, delivery appointments, inside delivery, limited-access service, redelivery, storage, detention, or address correction.

We will disclose or communicate material additional transportation charges when reasonably possible before the applicable shipment is released.

You are responsible for providing a complete and accurate delivery address, contact information, access details, and freight requirements. Additional costs caused by incorrect or incomplete customer information are the customer's responsibility to the extent permitted by law.

Customers may arrange their own approved carrier, freight provider, courier, or pickup.

Do not send a carrier or arrive for pickup until we confirm that the order is paid, prepared, and ready for release.

Additional shipping terms are provided in our Shipping and Delivery Policy.

13. Processing Times, Delays, and Unshipped Orders

Most parcel orders are expected to process within one to three business days after payment has cleared and any required shipping or transportation arrangements have been confirmed.

This processing timeframe is an estimate rather than a guarantee.

Large orders, pallets, fraud review, address issues, special handling, shipping quote approval, and customer-arranged transportation may require additional time.

We will maintain a reasonable basis for any advertised shipment timeframe.

If we cannot ship within the promised timeframe, or within the period required by applicable law when no timeframe is stated, we will provide any notice, delay option, cancellation opportunity, or refund required by law.

Carrier transit and delivery estimates are not guaranteed by New York Cosmetics.

Delays outside our reasonable control do not ordinarily permit cancellation after an order has shipped, but this does not limit rights that cannot legally be waived.

14. Delivery Inspection, Risk of Loss, and Claims

Inspect every shipment promptly.

Whenever reasonably possible, visible freight damage, missing pallets, broken wrapping, shortages, and damaged cartons should be photographed and noted on the carrier's delivery record before acceptance.

Claims involving visible damage, incorrect merchandise, missing merchandise, shortages, quantity discrepancies, or fulfillment errors must be reported to New York Cosmetics within five business days after delivery.

Include the order number, affected SKU and quantity, a description of the issue, and clear photographs of the merchandise, shipping label, interior packaging, and every side of the carton or pallet.

Keep all merchandise, cartons, wrapping, labels, pallets, and packing material until the claim is resolved.

Failure to preserve reasonably necessary evidence may prevent New York Cosmetics or the carrier from verifying the claim.

The five-business-day reporting requirement is an administrative claims deadline. It does not eliminate a nonwaivable legal right or a claim involving a latent issue that could not reasonably have been discovered within that period.

Authenticity and safety concerns should be reported promptly after discovery and before further use or resale.

When New York Cosmetics selects or arranges transportation, we will review a timely qualifying claim and may coordinate with the carrier or insurer.

When a customer selects and controls its own carrier or pickup service, risk of transit loss generally passes when the shipment is properly tendered to that carrier, to the extent permitted by law, and the customer is generally responsible for the carrier claim.

New York Cosmetics remains responsible for its own verified packing or fulfillment error.

Additional claim procedures and eligibility requirements are provided in our Return, Refund and Claims Policy.

15. Final Sale, Returns, Refunds, and Exchanges

ALL SALES ARE FINAL EXCEPT FOR A QUALIFYING CLAIM APPROVED UNDER OUR RETURN, REFUND AND CLAIMS POLICY OR A REMEDY REQUIRED BY LAW.

We do not provide a return, refund, exchange, or credit solely because:

• You changed your mind

• You ordered too much or selected the wrong item, shade, size, or quantity

• The merchandise did not sell as expected

• Market demand, retail pricing, or resale margins changed

• A marketplace restricted your listing or account

• You found a different price elsewhere

• Packaging differs in a nonmaterial way disclosed or permitted by these Terms

A qualifying claim may include merchandise that arrived defective, materially damaged, materially incorrect, missing, short, or materially different from the accepted listing or quote.

Eligibility depends on timely notice, product condition, supporting evidence, and applicable law.

Claims covered by the five-business-day reporting requirement in Section 14 must be reported within that period.

No merchandise may be returned without written authorization.

An authorized return must include any required Return Authorization number, invoice, original packaging, complete contents, and requested evidence.

Unless the written authorization states otherwise, an authorized return must be received within 14 calendar days after delivery.

Opened, used, altered, expired, customer-damaged, or incomplete products are generally not returnable unless the approved claim concerns a verified defect, an item that arrived open, or another issue that legally requires a remedy.

For an approved claim, the available remedy may be replacement, refund, or credit, as appropriate and permitted by law.

Refunds are generally issued to the original payment method.

We do not charge a restocking fee for our verified fulfillment error.

Our Return, Refund and Claims Policy provides additional details and controls where it is more specific.

16. Reseller Boxes

Reseller Boxes contain changing assortments selected from available inventory.

Unless a product page or written offer expressly says otherwise, we do not guarantee exact brands, SKUs, shades, sizes, categories, or product combinations.

Duplicate units and reasonable substitutions may occur.

If the applicable product page or order confirmation expressly promises a minimum unit count or minimum aggregate MSRP value, we will meet that stated minimum based on the product information reasonably available when the box is packed.

A substitution will not reduce an expressly promised minimum.

MSRP is a reference value, not a guarantee of current retail price, marketplace eligibility, resale demand, sell-through, revenue, or profit.

Reseller Box purchases remain subject to the applicable final-sale and claims rules.

17. Subscription and Recurring Purchases

Some Reseller Boxes or other products may be offered as recurring subscriptions.

Before enrollment, the checkout or offer will disclose the material recurring terms, including the frequency, price, shipping treatment, and cancellation method.

By affirmatively enrolling, you authorize us and our payment provider to charge the disclosed amount, plus applicable shipping and taxes, at each renewal until canceled.

We will obtain consent before beginning recurring charges and will provide a reasonably simple way to cancel.

You may cancel through any online account cancellation feature made available for the subscription or by contacting us through the method stated in the Purchase Options Cancellation Policy.

You may also email info@newyorkcosmetics.com.

A cancellation request received before the next renewal charge is submitted will stop future renewals.

We will acknowledge the cancellation.

Cancellation does not automatically cancel or refund a renewal that was already processed, an order already accepted, or a shipment already prepared, except where required by law or approved under our Return, Refund and Claims Policy.

We will provide advance notice of a material price change or other renewal-term change when required by law.

Continued billing at a changed price will occur only as permitted by applicable law and the disclosed purchase option.

There is no minimum subscription commitment unless it is clearly disclosed before enrollment.

A one-time or “Buy Once” purchase is not a subscription and does not automatically renew.

18. Resale and Marketplace Responsibility

Business Customers are solely responsible for determining where and how merchandise may lawfully be resold.

New York Cosmetics does not guarantee that any product can be listed, advertised, or sold through Amazon, eBay, Walmart Marketplace, TikTok Shop, Whatnot, Etsy, Facebook Marketplace, or another third-party channel.

Third-party platforms may impose brand restrictions, category restrictions, gating, invoice requirements, authorization requirements, product-documentation rules, condition standards, UPC requirements, and account-performance requirements.

These rules can change without notice and are outside our control.

Marketplace approval, brand ungating, invoice acceptance, and resale eligibility are not conditions of the merchandise sale unless New York Cosmetics expressly agrees otherwise in writing.

A platform's refusal to accept a listing or invoice does not make otherwise conforming merchandise returnable.

Business Customers are responsible for resale pricing, advertising, licensing, taxes, labeling, product-condition representations, consumer disclosures, marketplace compliance, and other legal obligations arising from their resale activity.

19. International Orders and Export Compliance

If international shipping is offered, the customer is responsible for confirming import eligibility, destination restrictions, customs requirements, duties, taxes, brokerage, labeling, and local resale or product rules unless a written agreement says otherwise.

Fragrances, aerosols, alcohol-based products, and other regulated or hazardous materials may have carrier or geographic restrictions.

We may cancel or limit a shipment that cannot lawfully or safely be transported.

You may not purchase, export, re-export, transfer, or use merchandise in violation of applicable trade sanctions, export controls, or other laws.

20. Storage, Handling, and Modification After Delivery

After delivery, customers are responsible for proper storage, handling, transportation, and use.

New York Cosmetics is not responsible for deterioration or damage caused after delivery by heat, freezing, moisture, sunlight, improper storage, mishandling, opening, tampering, relabeling, repackaging, or misuse.

You must not deceptively or unlawfully alter expiration information, batch codes, ingredient labels, warnings, UPCs, seals, or other legally required product information.

21. Website Use and Prohibited Conduct

You may use the Services only for lawful purposes.

You may not:

• Commit fraud or use unauthorized payment information

• Misrepresent your identity, authority, tax status, or purchase eligibility

• Infringe intellectual-property or privacy rights

• Transmit malware or interfere with website security

• Attempt unauthorized access to an account, system, or data

• Harass our personnel or other users

• Circumvent case-pack rules, quantity limits, or purchase restrictions

• Exploit a known pricing, inventory, or technical error

• Use the Services in a manner that creates unreasonable system load or disruption

22. Automated Systems and Data Collection

Automated agents, AI agents, bots, crawlers, scraping tools, and similar systems may not bypass access controls, CAPTCHAs, rate limits, robot-exclusion instructions, security measures, or checkout restrictions.

We may restrict automated activity that materially interferes with the Services, creates excessive load, scrapes substantial proprietary catalog content, circumvents purchase limits, attempts unauthorized transactions, or presents a security or fraud risk.

This section does not prohibit activity that applicable law expressly protects or does not permit us to restrict.

23. Intellectual Property

The Services and original materials created for New York Cosmetics, including our text, layouts, graphics, owned photography, videos, logos, designs, software, and proprietary catalog organization, are owned by or licensed to New York Cosmetics and protected by applicable law.

You may not, without permission, copy substantial portions of the website, republish our proprietary catalog, reproduce original content for unrelated commercial use, impersonate New York Cosmetics, or use our name or logo in a manner that falsely implies affiliation.

Third-party product images, brand names, packaging, logos, and trademarks remain the property of their respective owners.

24. Reviews, Feedback, and Submitted Content

If you voluntarily submit a review, photograph, testimonial, suggestion, comment, or other content, you represent that you have the right to submit it and that it is not unlawful, misleading, defamatory, infringing, malicious, or confidential information you lack authority to disclose.

You grant New York Cosmetics a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt, display, and publish that submitted content for legitimate business, customer-service, and promotional purposes, subject to applicable privacy law.

We may remove content that violates these Terms or applicable law.

25. Third-Party Tools and Links

The Services may use or link to payment providers, carriers, tracking services, subscription applications, social platforms, analytics services, or other third-party tools.

Third-party services are governed by their own terms and privacy practices.

We are not responsible for the independent availability, content, security, or conduct of a third-party service to the extent permitted by law.

A link does not necessarily constitute an endorsement.

26. Relationship With Shopify

Shopify provides the ecommerce platform supporting our online store.

Purchases from New York Cosmetics are transactions between the customer and New York Cosmetics.

Shopify is not the seller of the merchandise and is not responsible for our product descriptions, pricing, fulfillment, claims decisions, or customer service, except for any independent obligation Shopify has under its own services and terms.

27. Privacy and Electronic Communications

Personal information is handled according to our Privacy Policy.

Shopify and other service providers may process information needed to operate the store, complete transactions, prevent fraud, fulfill orders, and provide customer service.

By using the Services, you consent to receive transactional communications electronically, including order confirmations, invoices, shipping notices, account notices, claim communications, subscription notices, and updates to policies where electronic notice is permitted.

Marketing communications are governed by the consent and opt-out rules applicable to those communications.

28. Errors, Inaccuracies, and Omissions

The Services may occasionally contain errors involving descriptions, inventory, pricing, case packs, MSRP, discounts, UPCs, SKUs, shades, sizes, images, shipping information, or availability.

We may correct errors and update information prospectively.

When a material error affects an order, we may contact the customer, correct the order with the customer's agreement, or cancel the affected portion and provide an appropriate refund.

We are not required to honor an obvious typographical, technical, pricing, or system error where doing so would be unreasonable or unlawful.

29. Disclaimer of Warranties

Express written product descriptions, condition disclosures, and specific commitments made by New York Cosmetics remain enforceable according to their terms.

Any applicable manufacturer warranty is governed by the manufacturer's terms, and we do not guarantee that a manufacturer warranty is available, transferable, or accepted for secondary-market inventory.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES.

EXCEPT FOR EXPRESS WRITTEN REPRESENTATIONS MADE BY NEW YORK COSMETICS AND RIGHTS THAT CANNOT LEGALLY BE DISCLAIMED, MERCHANDISE IS SOLD “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, NEW YORK COSMETICS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

These disclaimers do not apply where prohibited by law, do not eliminate liability for an express misrepresentation, and do not waive a remedy that applicable consumer, product-liability, or warranty law does not permit us to waive.

30. Limitation of Liability

To the fullest extent permitted by law, New York Cosmetics and its owners, officers, employees, agents, contractors, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the Services or merchandise.

This may include lost profits, lost revenue, lost resale opportunities, marketplace restrictions, loss of data, loss of goodwill, and business interruption.

To the fullest extent permitted by law, our aggregate liability arising from a particular order will not exceed the amount paid to New York Cosmetics for the merchandise directly giving rise to the claim.

These limitations do not apply to liability that cannot legally be limited, including, where applicable, liability for fraud, willful misconduct, gross negligence, personal injury, or violation of a nonwaivable consumer right.

Some jurisdictions do not allow certain exclusions or limitations, so some provisions may not apply to you.

31. Business Customer Indemnification

To the fullest extent permitted by law, a Business Customer agrees to indemnify, defend, and hold harmless New York Cosmetics and its owners, officers, employees, affiliates, and agents from third-party claims, losses, liabilities, and reasonable legal expenses arising from the Business Customer's:

• Unlawful resale, advertising, labeling, relabeling, repackaging, alteration, handling, or distribution of merchandise

• False or unauthorized product, brand, marketplace, or warranty representations

• Violation of applicable resale, tax, licensing, export, marketplace, or consumer-protection requirements

• Material breach of these Terms

This obligation applies only to the extent the claim was caused by the Business Customer's conduct.

It does not require indemnification for New York Cosmetics' own fraud, willful misconduct, gross negligence, or other conduct for which indemnification is prohibited.

32. Force Majeure

New York Cosmetics is not liable for delay or failure caused by events beyond our reasonable control, including severe weather, natural disaster, fire, flood, war, terrorism, civil unrest, government action, labor disruption, port congestion, transportation failure, carrier interruption, utility failure, internet outage, cybersecurity incident, supply-chain interruption, epidemic, or pandemic.

This section does not excuse payment for merchandise already properly provided and does not eliminate any refund, cancellation, or other remedy required by law for merchandise that is not shipped or delivered.

33. Suspension and Termination

We may suspend or terminate access to the Services where reasonably necessary because of fraud, unpaid amounts, a security threat, unlawful conduct, harassment, misuse, or a material violation of these Terms.

Termination does not eliminate obligations or liabilities that arose before termination.

Provisions that by their nature should survive will remain in effect, including payment, intellectual property, resale responsibility, liability, indemnification, and dispute provisions.

34. Governing Law and Disputes

Before filing a formal claim, we encourage you to contact us with the relevant order number and a concise description of the issue so the parties can attempt a good-faith resolution.

This request does not shorten a legal deadline or prevent a customer from contacting a regulator, payment provider, or other authority.

These Terms and transactions with New York Cosmetics are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except where federal law or another mandatory law applies.

For Business Customers, and to the extent permitted by law, disputes will be brought in an appropriate state or federal court located in New Jersey.

Individual consumers retain any right to bring a claim in another forum that applicable law requires or permits, including an eligible small-claims court.

Nothing in these Terms restricts a lawful complaint to a government agency.

35. General Contract Terms

Policy relationship. These Terms should be read together with our Privacy Policy, Return, Refund and Claims Policy, Shipping and Delivery Policy, Purchase Options Cancellation Policy, and applicable product-specific terms.

Where a more specific policy addresses a particular subject, that more specific policy controls that subject to the extent of any direct conflict, provided that the applicable provision is lawful.

Entire agreement. These Terms and the incorporated policies constitute the agreement governing use of the Services.

A specific written quote, invoice, order confirmation, or other written agreement expressly accepted for a transaction controls that transaction to the extent of a direct conflict.

Severability. If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and severed only as necessary. The remaining provisions will continue in effect.

No waiver. Failure to enforce a provision is not a waiver of that provision or another right.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, sale of assets, restructuring, or change in ownership, subject to applicable law.

Headings. Headings are for convenience and do not change the meaning of a provision.

36. Changes to These Terms

We may revise these Terms prospectively.

The current version will be posted with an updated revision date.

When legally required, we will provide appropriate notice of a material change.

Changes do not retroactively alter an accepted order or accrued legal right unless the parties agree or the law permits it.

Continued use of the Services after revised Terms become effective constitutes acceptance to the extent permitted by law.

37. Contact Information

Questions about these Terms may be directed to:

New York Cosmetics
Operated by Beaussentials LLC
1200 Pine Brook Road
Tinton Falls, New Jersey 07724
United States

Email: info@newyorkcosmetics.com
Phone: (973) 777-3723

For questions about an order, include the order number and the email address used at checkout.