In plain English, you are creating your own brand and intellectual property and you are the owner of the brand and content. BeautyBoss is your fulfilment partner and does not have any ownership stake in your brand or company. You are the Merchant of Record for all orders, meaning that transactions happen through your own website (on Shopify, or other using our API), where you are also conducting the payment processing (Shopify Payments, or other), refunds with customers, etc. After BeautyBoss’s wholesale and shipping costs, you keep 100% of the remaining profit. Usually, it can be a good idea to create an LLC for your new brand and to help with liability, though, sole proprietors can also use Shopify where you will be conducting your retail business. BeautyBoss isn’t liable for content you post or what you say on your website, or claims you make. We are only the fulfilment partner after orders are placed on your website. In regards to orders, you are paid before BeautyBoss is paid. You make sales on your website and receive payouts from Shopify Payments. Later, the BeautyBoss app charges you the wholesale cost of each item sold, via the credit card you put on file in the app. You also have the opportunity to purchase sample kits and other services with your card on file in the BeautyBoss app.
PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF SERVICE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SITE AS THEY FORM A BINDING AGREEMENT BETWEEN YOU AND BeautyBoss REGARDING THE USE OF OUR SERVICES AND WEBSITE.
The following terms and conditions constitute a legally binding contract (this “Agreement” or “Terms”) between you (“you,” “your,” or the “User”) and Love the Journey Inc. d/b/a BeautyBoss, that governs all use by you of the www.beautyboss.com, including any sub-domains thereof, and BeautyBoss Shopify App (collectively, the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We refer to Love the Journey Inc. and all of its subsidiaries and affiliated companies collectively as “BeautyBoss,” “we,” “our,” “us,” etc. BeautyBoss is a print-on-demand company for businesses. BeautyBoss white-label prints and dropships products (“Products”) directly to you and your customers (“Customers”).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. There are also other policies and procedures, including, without limitation, our Shipping, Return, and Privacy Policies (the “Policies”). The Policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. BY ACCESSING, USING, OR PLACING AN ORDER OVER THE SITE, YOU AGREE TO THE TERMS SET FORTH HEREIN AND ARE BOUND BY THIS AGREEMENT. If you do not agree to these Terms in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. SECTION 17 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 17.
To access BeautyBoss’s Services, you must register and create an account. To complete registration, you shall provide a name, email address, VAT registration number (if applicable), and password. You may never use another User’s BeautyBoss account without that User’s permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BeautyBoss immediately of any breach of security or unauthorized use of your account. BeautyBoss will not be liable for your or any third-party’s losses caused by any unauthorized use of your account. You may be liable to BeautyBoss and others for their losses due to such unauthorized use.
BeautyBoss’s Site and Services are intended for adults only. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized to bind such organization or entity to this Agreement and use the Services. By using our Site, you agree to take full responsibility for your selection and use of the Services.
In addition to the print-on-demand services described above, there may be other partnership opportunities with BeautyBoss, which are described below (collectively, “Partnership Opportunities”). You may be compensated for these partnership opportunities through the use of BossBucks, a credit program for wholesale product invoices, which is described more fully below. BeautyBoss makes no guarantee that any or all of these partnership opportunities will be available to you and makes no guarantee regarding the profitability of these opportunities.
BeautyBoss reserves the right, at its sole discretion, to update, modify, change, or replace any part of this Agreement and its Terms, as well as the fees and other charges for our Services, at any time. All modifications will become effective immediately after BeautyBoss posts them on the Site. You can review the most current version of these Terms at any time by visiting https://www.beautyboss.com/terms-of-service. You are responsible for reviewing any and all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Your continued use of, or access to, the Site and/or any Services following the posting of any changes constitutes your binding acceptance of those changes and this Agreement. If you do not agree to the modifications made to this Agreement in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
BeautyBoss grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions:
Any and all content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post,” (such as images, text, your shop name, your customer reviews, comments, videos, usernames, etc.) using our Services is your Content.
All uses of the Licensed Materials, and all goodwill associated therewith, shall inure solely to the benefit of BeautyBoss. You shall not at any time (i) challenge, or cause, induce, authorize, or assist any person to challenge, the validity of the Licensed Materials or BeautyBoss’s ownership, use or registration of or rights in any of the Licensed Materials or (ii) take any action in derogation of BeautyBoss’s rights in the Licensed Materials, including by using, licensing or applying to register any marks that is identical or substantially/confusingly similar to any of the Licensed Materials. If You acquire any rights in any mark that is identical or substantially/confusingly similar to any of the Licensed Materials, by operation of law or otherwise, You shall and do hereby assign, at no additional cost, all such rights to BeautyBoss and its successors, together with all associated goodwill in and applications and registrations for such mark.
You acknowledge that a breach or threatened breach of this provision may give rise to irreparable harm to BeautyBoss, for which monetary damages may not be an adequate remedy, and You hereby agree that in the event of a breach or a threatened breach by You or your subsidiaries or affiliates of any such obligations, BeautyBoss shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and other relief that may be available from a court of competent jurisdiction without any requirement to post bond.
Please read this section carefully—it covers our responsibilities for BeautyBoss’s Services and Products.
You need a valid payment method that you are authorized to use in order to pay for BeautyBoss Services and Products. All fees will be charged to your payment method. You may choose to save your billing information for use in all future orders and charges associated with BeautyBoss Products and/or Services. As such, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS-compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree that the fees in effect will be paid either (i) at the time you place the order, or (ii) at the time the order is delivered to the Customer (“COD”) or you as the case may be.
We reserve the right to change our fees (including holiday sales, discounts, etc.). The fees for the Products and the Services (as applicable), as well as any associated delivery costs, will be indicated on the Site when you place an order or pay for the Service. We may temporarily change the fees for our Services for promotional events or new Services, and such changes are effective at the time when we post the promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged following your confirmation. You may then receive an email from BeautyBoss.
By placing an order through our Site, you represent that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for and shall reimburse BeautyBoss for damages resulting from such unauthorized use.
You represent to BeautyBoss that (i) the billing information you supply to us is true, correct, and complete, and (ii) to the best of your knowledge, charges (including but not limited to taxes) incurred by you will be honored by your financial institution (including but not limited to, credit card company) or payment service provider.
We reserve the right to refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. BeautyBoss is not liable to you, your Customers or any third party by reason of refusing or suspending any transaction before or after processing.
Unless stated otherwise, you may choose the currency from the options available on the Site in which all fees and payments will be quoted. BeautyBoss may charge tax amounts if any in local currency due to local legislation. You are responsible for paying all fees, payments, and applicable taxes associated with our Site and Services. The fees for BeautyBoss Services and Products are exclusive of any taxes (including but not limited to GST, VAT and consumption taxes).
For orders delivered to addresses within the European Union, VAT will apply to orders as follows: (1) BeautyBoss will charge you the destination country’s VAT rate if you are not registered as a VAT payer (or your VAT registration number is not available or not validated); (2) BeautyBoss will charge zero percent VAT if you are a registered VAT payer in any European Union Member State, and you provide us your valid VAT registration number. For additional VAT-related information, please visit our FAQ. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full either (i) before the dispatch of your Products, or (ii) upon delivery of the Products to the Customer (“COD”) or you as the case may be.
BeautyBoss may request, at any time, that you provide a seller certificate issued by the applicable state(s). Upon BeautyBoss’s request, you shall provide such certificate immediately. You may be responsible for sales tax where applicable.
If BeautyBoss is charging sales tax on wholesale product orders, you may have an opportunity to dismiss sales tax on future orders by registering for sales tax in each U.S. state and providing us a completed Reseller form for each state, which we can provide to you.
BeautyBoss may, at its sole discretion, offer various discounts, as well as change, suspend or discontinue them at any time. More information about the available discounts can be found on the Site, in marketing and promotional emails, or via other channels or events BeautyBoss may use or participate in.
All Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
BeautyBoss reserves the right to amend the description of the Products, including specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
Despite our commitment in making our Product development process the best we can, we cannot guarantee that the Product representations (colors and image details) on our Site will be 100% accurate or that the manufacturing stage won’t result in damages.
Products can sometimes be damaged during the manufacturing process. We will not knowingly ship damaged items to you (or your Customers), but these damaged items can still be used for charitable purposes. BeautyBoss reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
By using the Site and making Products available to Customers, you agree to comply with all BeautyBoss instructions concerning the origins of the Products.
Unless expressly identified below, you are not permitted to make unqualified claims that BeautyBoss’s Products are made or manufactured anywhere except in the United States, unless explicitly mentioned otherwise by BeautyBoss inside the BeautyBoss app.
No other qualified claims are permitted.
Orders are placed and received exclusively via the Site. It is your responsibility to check and determine your ability to receive the Products before ordering. The correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are necessary to ensure the successful delivery of Products.
All information on the checkout page must be filled in precisely and accurately. BeautyBoss will not be responsible for missed deliveries because of typos, such as a wrong or misspelt recipient name, delivery address, or an inappropriate phone number. Please contact BeautyBoss in the event you would like to ask for a change in the delivery address, phone number, or any other special requirements.
We reserve the right to place your order on hold due to print file issues, security concerns, address confirmation, or other issues. In the event your order is placed on hold, BeautyBoss will give you 30 days to resolve the issue. If you do not resolve the issue or cancel your order within 30 days, we will cancel the order. If your order is cancelled, we will only make a refund if work on your order has not begun.
It may not be possible to edit or cancel an order once you or your Customer have confirmed it. If you want to change certain details, Customer addresses, etc., please check whether such an option is available in your account. BeautyBoss is not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, and damage to, Products pass to you upon our delivery to the carrier. It is your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In those cases, BeautyBoss will not make any refunds nor resend the Product.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of or credit to your account for the lost Product in compliance with BeautyBoss’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to BeautyBoss investigation and sole discretion.
You are responsible for all delivery costs. Delivery prices are in addition to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges may be shown on our checkout page; however, we reserve the right to advise you of additional delivery charges that apply to your specific delivery address.
While we provide delivery estimates, we cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. The average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. We will attempt to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
If payment is made upon placing the order Ownership of the Products will pass to you at the moment BeautyBoss receives full payment of all sums due in respect of the Products, including delivery charges and taxes, and the Products are delivered to the carrier. If payment is made on delivery (“COD”), the ownership of the Products will pass to you at the moment BeautyBoss receives full payment of all sums due in respect of the Products, including delivery charges and taxes.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
Members and Visitors Violation of this Agreement or any other rules will result in the termination of your BeautyBoss account. When using BeautyBoss Services, you must follow our Policies.
BeautyBoss and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, BeautyBoss and its designees shall have the right to remove, block, and disable any Content. You must evaluate and, to the extent permitted by law, bear all risks associated with the use of any Content, including reliance on the completeness, usefulness, or accuracy of such Content. In this regard, you may not rely on any Content created by BeautyBoss or submitted to BeautyBoss, including information in BeautyBoss collaborations, posts and in all other parts of the BeautyBoss Services.
Without limiting other remedies, we may suspend, limit, or terminate our Services and your account, prohibit access to our Site, delay, block, remove, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are breaching this Agreement, creating legal liabilities, or acting inconsistently with the letter or spirit of our Policies. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing accurate and truthful information to BeautyBoss (including your name and the retail price). If you have provided BeautyBoss with inaccurate or false information, (a) you shall be liable to BeautyBoss for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information; (b) you shall reimburse such damages and losses (including but not limited to taxes) to BeautyBoss; and (c) BeautyBoss shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
To the fullest extent permitted by law you will defend, indemnify, and hold BeautyBoss and all other BeautyBoss parties harmless from any claim or demand made by any third party (including, but not limited to, your Customers), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the BeautyBoss Parties, relating to or arising out of (a) your breach of these Terms, the Policies they incorporate by reference, or this Agreement; (b) your use (or misuse) of our Services, including any misuse by your Customers; (c) your Content or your Customer’s Content; (d) the infringement by your Content or your Customer’s Content of someone else’s intellectual property or other rights; (e) your or your Customer’s violation of any law or the rights of a third party; or (f) any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by BeautyBoss. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
To the fullest extent permitted by law you release BeautyBoss and all other BeautyBoss Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any BeautyBoss Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (i) which is disclaimed by BeautyBoss (or for which BeautyBoss provides no guarantees) under this Agreement; or (ii) for which BeautyBoss is otherwise indemnified or released by you under this Agreement.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of Florida, without regard to its conflict of laws rules.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
“Claim” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Commercial Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless BeautyBoss and you agree otherwise, any arbitration hearings will take place in Florida, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgement on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and BeautyBoss acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and BeautyBoss agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BeautyBoss KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND BeautyBoss WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 17. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND BeautyBoss KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (i) your claim qualifies; (ii) your claim remains in such court; and (iii) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and BeautyBoss each agree to bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
How BeautyBoss Handles Your Data. BeautyBoss collects “personal information”, “personally identifiable information,” or “personal data” as defined by various appliable privacy laws (as used herein, “Personal Data”) to provide our Services and/or Products. We are committed to protecting your Personal Data and privacy. Please see our Privacy Policy for details and explanations on how we process your and your Customers’ Personal Data. By accepting this Agreement, you also accept and acknowledge our Privacy Policy. Additionally, you agree that any breach of this Section 18 is a breach of this Agreement that will obligate you to fully indemnify BeautyBoss.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by BeautyBoss to assert a right or provision under this Agreement with respect to a breach shall not constitute a waiver of such right or provision to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
BeautyBoss will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in BeautyBoss’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; pandemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
To ensure full customer support and a higher quality of Services, BeautyBoss can sign in to Customers/Users accounts as a Customer in accordance with BeautyBoss’s Privacy Policy.
BeautyBoss and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of BeautyBoss’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
If you have any questions about our Services, Products or this Agreement, you please contact us by email at legal@BeautyBoss.com
You may also contact us by phone at +1 727-317-6477.
Or you can mail at
Love The Journey Inc.
3360 Scherer Drive, Suite A,
St. Petersburg, FL 33716
Last modification date: 7-Nov-2024