DHS Products Inc.'s Terms of Agreement

Terms of Use

To become a DHSBeauty dealer, you must be a qualified distributor, beauty supply dealer, wholesaler or master distributor. DHS Products does not sell retail to the end-user (nail tech, cosmetologist, hair stylist, etc.) Domestic dealers must provide a Resale Number and additional information to demonstrate dealer eligibility.

Upon activation of your dealership, you will have access to the on-line system and will be able to sign on 24 hours a day. You will also be assigned one of three dealer levels:

SILVER DEALER
• $250.00 - $10K annual net volume
• Up to 40% discount off Suggested Salon Price
• $250.00 opening order commitment required.

GOLD DEALER
• $10K - $25K annual net volume
• Up to 50% discount off Suggested Salon Price
• $2,000 opening order commitment required.

PLATINUM DEALER
• $25K+ annual net volume
• Up to 60% discount off Suggested Salon Price
• $4,000 opening order commitment required.

In the Comments/Suggestions section of the Dealership Application Form, please specify the Dealership Level that best represents your annual net volume.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by the Company. DHS Products and DHSBeauty.com are trademarks of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from DHSBEAUTY.COM or any other web site owned or operated by the Company without the prior written permission of the Company. However, when applicable, you may download or make one copy of the Products, Items, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

SUBMISSIONS

Although comments and questions are welcomed, the Company does not accept unsolicited submissions or creative ideas for its Company programs, newspapers, or products. Any bulletin board postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of the Company. Furthermore, the Company is not responsible for the confidentiality of any information communicated to the Company web site. By communicating Materials to the Company's site, you are granting the Company a royalty-free, non-exclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

The Company is not responsible for any Materials posted on the Company bulletin boards, product reviews or on any other forum on the site (the "Forums"). You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are:

libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; illegal in any way or which advocate illegal activity; an advertisement or solicitation of funds, goods, or services.

The Company does not and cannot review or monitor every posting made on its web site and on the Forums, and is not responsible as such for the content of such postings. However, the Company reserves the right at all times to disclose any information necessary in its sole discretion to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or Materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of these terms and conditions. Please notify the Company of a copyright infringement.

LINKS

The Company is not responsible for the content of any sites which may be linked to DHSBEAUTY.COM or DHSPRODUCTS.COM. These links are provided for your convenience only and you access them at your own risk.

DISCLAIMERS

By using this web site, you agree to indemnify the Company, its officers, directors, employees, agents, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

Information and opinions expressed in bulletin boards or other Forums are not necessarily those of the Company. Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

TERMINATION

The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

JURISDICTION

This site is controlled and operated by the Company from the Company's headquarters in Utah. The Company does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of Utah, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Utah. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.

TERMS AND RETURN POLICY

PRICE
►We sell to beauty supply stores and dealers only at wholesale prices. We do NOT sell to individuals or salons. Sales tax number or proof of business is required. Special low prices can be arranged for large quantities of specific items.
►We are experts in customizing and private labeling.
►Prices are subject to change without notice. All goods are billed at the price in effect on the day of shipment.

MINIMUM ORDERS
►$100.00 domestic. $250.00 international.

PAYMENT OPTIONS
►Initial orders are to be prepaid by credit card (VISA or MasterCard), prepaid check, COD money order or wire transfer ($30 additional fee applies to wire transfers).
►Future orders may be shipped COD, or Net 30 credit terms can be arranged on approved credit.
►International and custom printed orders must always be prepaid. International orders paid for by check are held 15 business days per banking requirements to insure funds are available before shipping merchandise.

SHIPPING TERMS
►SAME DAY SHIPPING with all in-stock orders placed before 1 p.m. (MST).
►All shipments are F.O.B. DHS Products in Cedar City, UT. We do not pay for freight. Smaller domestic orders will be shipped UPS. Larger palletized shipments will be sent by common carrier (e.g. Yellow Freight, ABF, FEDEX Freight, etc.). Domestic and International customers must provide the name and phone number of their preferred common carrier and/or freight forwarder, or we can suggest them to you.
►Orders shipped by common carrier (e.g. Yellow Freight, ABF, FEDEX Freight, etc.) are palletized and the number of cartons on the pallet are signed for by the carrier’s driver at time of shipping. It is the customer’s responsibility to count cartons on the pallet when goods are received, and take written exception (on the delivery bill) of any carton(s) shorted or damaged.

1024 North Production Road • Cedar City, UT 84721 435/586-4628 • 435/586-4629 FAX www.dhsproducts.com

►If it looks as if there has been freight damage, inform the driver that you would like to examine the contents of the package before signing for it. If the driver will not wait, refuse the package. After refusing delivery, please call DHS Products, Inc. immediately at (435) 586-4628. Make note of why goods were refused, as well as the name of the trucking company and the driver’s name.
►F.O.B. Point: Full risk of loss and title passes to the Customer upon delivery by DHS Products, Inc. of the merchandise to a carrier at the F.O.B. point, Cedar City, UT. Claims for loss or damage in shipment must be made directly to the carrier. This means that DHS’s responsibility is limited to and ends when the transfer of goods is made to the freight carrier (e.g. UPS, Fed Ex, US Postal, etc.)

RETURN POLICY
►Merchandise must have been purchased from DHS Products, Inc. within 60 days of return request to qualify for credit or exchange.
►Please contact us for a return authorization number to return merchandise. Requests must include the reason for return. RA number must appear on the outside of each box.
►No credit or exchange will be processed until the merchandise has been received and inspected by DHS. At our option, we may repair, replace or issue credit.
►Merchandise authorized for return must be in original packaging, and in resaleable condition (no price stickers or glue marks) or else the return will be denied. Merchandise must be returned prepaid shipping cost by Customer; a restocking fee of up to 20% may apply.
►Closeout, overstock or custom manufactured items purchased cannot be returned. All sales final.
►All items carry a 30 day limited warranty that covers factory defects in material and workmanship. Warranty means defective due to defects in the manufacturer’s parts or workmanship; not due to use and/or abuse. A nominal charge for parts, labor and return shipping charges may apply.