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Terms & Conditions

 

Terms & Conditions

At Frost Cosmetic Manufacturing we do not simply slap your logo on a tube. Frost fully customize ALL formulas for your “Private Label” line. Our expert cosmetic chemist offers Vegan / Cruelty-Free / 100% Organic products by request. With over 250 shades and colors, Luxury tubes, Logo Design, and Color match service. Our policy is “Whatever the budget” Large or Small. Frost Cosmetics is a “Made in the USA” family based company.

ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT USING THE PROCEDURE DESCRIBED IN THE “ARBITRATION AGREEMENT” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FROST COSMETIC LLC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.frostcosmetics.store or any other Frost Cosmetics LLC Services. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Exchange:

We hope you love your purchases, but if for any reason you do need to return something to us, send your item back within 5 business days of receiving the product to the address below. We will only accept exchange within original packaging within no less than 5 business days after receiving your order. Any orders sent after the requested dates will no be excepted. Due to inventory limitations, any parcel either damaged, lost, stolen, or otherwise, are not guaranteed to be replaced as purchased. Frost Cosmetics will make every effort to replace any item that is not delivered in the condition it is advertised in, however, if the item purchased is no longer available, you will be offered either an item of equal or lesser value as a replacement Include your order number on the outside of the package!

Frost Cosmetics LLC

ATTN: Returns

3470 Wilshire Blvd

Los Angeles, CA 90010

Suite #850

Please allow 7-­20 business days from when the item is delivered for your returned order to be processed. You will be notified via email at the email address listed on your account when your order was placed.

 

Refunds: 

There are NO refunds at any time on any and all custom cosmetic purchase orders OR tube orders. Full payment or part payment amounts may cover promoted packages, shipping, paperwork processing, labor, product, raw ingredients, state tax, over phone service fees, a tube assembly and or extra cost factors. Requesting a refund will STOP or delay or Terminate your production. Please view Termination section.

 

Disputed Charges:

Any and all attempts to dispute a charge placed on an order will STOP, delay or Terminate your production. We may terminate or suspend your account immediately, without prior notice. Cost factors that are invested in the production of your order will be deducted from the completion of your order. This may include shipping cost, paperwork processing cost, labor cost, product cost, raw ingredient cost, state tax, over phone service fees cost, tube assembly and or extra cost factors. The remainder balance will be applied to the order that was placed and the order will be fulfill. The order colors, tubes, quantity, branding, product styles, ingredients and or other factors may very. Please view Termination section.

 

Discounted Orders:

Any and all discounted orders are subjected to a longer turnaround time of completion without notification.

 

Termination:

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Your Order Payment:

Payment or part payment amounts may cover promoted packages, shipping, paperwork processing, labor, product, raw ingredients, state tax, over phone service fees, a tube assembly and or extra cost factors. 

 

Accounts:

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Links To Other Web Sites:

Our Service may contain links to third-party websites or services that are not owned or controlled by Frost Cosmetics.

Frost Cosmetics has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Frost Cosmetics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

ARBITRATION AGREEMENT.

PLEASE READ THE FOLLOWING CAREFULLY:

A. Purpose.

Arbitration facilitates the prompt and efficient resolution of any dispute that may arise between you and Frost Cosmetics LLC. Arbitration is a type of dispute resolution where the parties engage an arbitrator to weigh in on their dispute instead of having it settled in court by a judge or jury trial. You can opt-out of this Arbitration Agreement (as explained below) to maintain your right to litigate your disputes in court.

By entering into this Arbitration Agreement, you agree to waive your right to litigate your claims in front of a judge or jury. You understand that in arbitration, there is typically no court review of an arbitration award and the arbitrator must make a decision based off of what is written in this Arbitration Agreement.

For the purpose of this Arbitration Agreement, “Frost Cosmetics” means Frost Cosmetics and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Frost Cosmetics regarding any aspect of your relationship with Frost Cosmetics and is to be given the broadest possible meaning that will be enforced.

YOU AND FROST COSMETICS LLC AGREE THAT ANY AND ALL DISPUTES, WHETHER BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

B. Exclusions From Arbitration And Your Right To Opt Out.

You have the option to bring a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. You may opt out of this Arbitration Agreement by mailing written notification to Frost Cosmetics LLC, 3470 Wilshire Blvd. Suite #850 Los Angeles CA 90010. Your opt-out notice must include your full name and your clear intent to opt-out of binding arbitration.

C. JAMS.

JAMS will arbitrate all Disputes in front of a single arbitrator. The arbitration will be an individual arbitration and under no circumstances will the arbitration be commenced as a class arbitration. The arbitrator will decide all issues brought by the parties. In the event this Arbitration Agreement conflicts with the arbitration rules, this Arbitration Agreement will govern. You agree that these Terms affect interstate commerce and that the Federal Arbitration Act (“FAA”) should govern the arbitrability of all Disputes.

D. Process.

You and Frost Cosmetics agree that any Dispute must be commenced within one (1) year of the date the Dispute arose or else the claim is permanently barred. You and Frost Cosmetics agree that (a) any arbitration will occur in Los Angeles County, California, (b) arbitration will be conducted confidentially by a single arbitrator and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If applicable, you also have the option to litigate a Dispute in the small claims court in the county of your address.

E. Class Action Waiver.

YOU AND FROST COSMETICS LLC. AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL PERSON ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF OTHER INDIVIDUALS. YOU AND FROST COSMETICS LLC. AGREE THAT DISPUTES CANNOT BE RESOLVED AS CLASS ACTIONS, WHETHER BY ARBITRATION, LITIGATION, OR OTHERWISE.

F. Severability.

If any portion of this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.

G. Survival.

This Arbitration Agreement shall survive the termination of your contract with Frost Cosmetics and your use of our Services.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Account Terms and Conditions:

1. SHIPPING

MOST ORDERS WILL BE SHIPPED BY USPS GROUND UNLESS OTHERWISE SPECIFIED. NEXT DAY, 2ND DAY & SATURDAY DELIVERY ARE AVAILABLE UPON REQUEST. MOST ORDERS SHIP WITHIN 45 BUSINESS DAYS DUE TO ALL PACKAGES ARE 100% CUSTOM WHICH requires LONGER TIME. LOCAL PICK-UP’S ARE AVAILABLE BY APPOINTMENT ONLY.

2. RETURNED CHECKS
IN THE EVENT YOUR CHECK IS RETURNED FOR ANY REASON, YOU WILL BE CHARGED $50.00. NO FURTHER ORDERS WILL BE SHIPPED UNTIL YOUR BILL IS CLEARED UP. ALL ORDERS PLACED AFTER THAT WILL BE CASH OR CREDIT CARD ONLY. CHECK PAYMENTS DOES NOT PROCESS UNTIL 2 WEEKS. ORDER(S) WILL NOT START UNTIL CHECK CLEARANCE.

3. BACKORDERS
RAW INGREDIENT MATERIALS MOVE QUICKLY, AND OCCASIONALLY WE ARE OUT OF STOCK ON SOME ITEMS. IT IS OUR POLICY NOT TO BACK ORDER INGREDIENTS. JUST REORDER WHEN YOU PLACE YOUR NEXT ORDER. YOU WILL BE CHARGED SHIPPING ON REORDERS.

4. RETURNS ARE SUBJECT TO A 25% RESTOCKING FEE
THE FOLLOWING ITEMS ARE NOT RETURNABLE: CUSTOM-MADE MERCHANDISE, DISPLAYS, OR ANY MERCHANDISE THAT BEEN LABELED, PRINTED ON, OR USED. ALL ITEMS MUST BE MADE IN ORIGINAL AND RE-SELLABLE CONDITION.

5. CUSTOM/BULK ORDERS
CUSTOMERS ARE RESPONSIBLE FOR UP TO 10% OVERRUNS.

6. MINIMUMS / REQUIREMENTS
$2000 MINIMUM ON ALL ORDERS OR PAY A $25 PROCESSING FEE.

CUSTOMERS MUST HAVE A FED TAX ID NUMBER OR A VALID SOCIAL SECURITY NUMBER.

7. DAMAGES
MUST BE REPORTED WITHIN 48 HOURS OF RECEIPT. IN THE UNLIKELY EVENT THAT YOU SHOULD RECEIVE A PACKAGE THAT HAS BEEN OPENED OR DAMAGED, MAKE SURE THE DIVER NOTES THIS FACT ON HIS/HER DELIVERY SHEET. THEN IMMEDIATELY CONTACT USPS SO THEY CAN INSPECT THE SHIPMENT. IF THE DRIVER DOES NOT NOTE THIS, THEN YOU ACCEPTED THE BOX IN GOOD CONDITION AND NOTHING CAN BE DONE ABOUT DAMAGES OR SHORTAGES.

8. CONCEALED DAMAGE
IF THERE IS DAMAGES MERCHANDISE WHEN YOU UNPACK YOUR ORDER, FOLLOW THESE INSTRUCTIONS CAREFULLY:
1) SAVE THE ORIGINAL CARTON AND ALL PACKING MATERIAL.
2) CALL USPS (OR OTHER CARRIER) AND INFORM THEM OF YOUR DAMAGES SHIPMENT. THEY WILL SEND AN INSPECTOR TO INSPECT YOUR PACKAGE.
3) CALL FROST AND WE WILL START PROCESSION YOUR CLAIM.
WE CAN NOT REPLACE DAMAGED MERCHANDISE IF A CLAIM HAS NOT BEEN PLACED WITH USPS OR OTHER CARRIER.

9. INTERNATIONAL ORDERS / EU COMPLIANCE
ALL FOREIGN ORDERS MUST BE PREPAID. CUSTOMERS ARE RESPONSIBLE FOR ALL DUTIES AND TAXES FROM CUSTOMS. REGULATIONS FOR EU COMPLIANCE ARE CONSTANTLY CHANGING SO YOU MUST CONFIRM WITH YOUR SALES REP IF FORMULA / COLOR IS UP TO DATE WITH REGULATIONS AT THE TIME OF ORDER. MOST PRODUCTS CAN BE REFORMULATED FOR EU COMPLIANCE BUT MINIMUM QUANTITY WILL APPLY. CUSTOMER IS RESPONSIBLE FOR REGISTERING THE PRODUCTS IN THEIR COUNTRY.

FREE PRODUCT LIABILITY INSURANCE! - NOT APPLICABLE PRODUCTS ARE REPACKAGED. PRICES ARE SUBJECT TO CHANGE. NOT RESPONSIBLE FOR TYPOS.

 

Financing Account Terms and Agreements:

 

Document Consent:

Financer is required to submit all request of documentation to prove identity to Frost. Frost can not process any Financer application

without requiring documentation.

Upon approval after paying the requested non-deposit, Finance will receive a first time processing timeframe for packages estimated ship out date will be up to 45 business days.

 

Deposit Agreement:

All selected packages require a non-refundable deposit. Financer deposit and full payment amount cover package shipping, paperwork processing, labor, product, state tax, extra cost factor, over phone fees and tube assembly.

 

Promissory Note:

All Financer are required to sign a promissory note. This note unsure that Frost will receive funds from Financer. Production on the selected package(s) will not start until promissory note is hand-writing and mailed to Frost Cosmetics require a mailing address. Deposit is due before the promissory note is created for Financer. Failure to mail Frost promissory note with a handwritten signature within two months of send date to Financer will result in termination of the contract.

 

Finance monthly payment

Payment date is 30 days after your first non-deposit is received and process.

 

Hand-Written Signature:

Financer is responsible for all require "original" signature documents to be a return to Frost. If documents are not signed and returned to Frost mailing

address your order production timeframe does not start. Deposit will be non-refundable and approval cancel. No exceptions

Finance will receive selected package up to 100pcs per shipment. After first shipment Finance will receive the next up to 100pcs of selected package 30 calendar business days later.

 

Credit Card Authorization:

Every transaction under private label or regular wholesale for Frost require Financer to sign a credit card authorization form for approval to

charge Financer credit card. Not completing a credit card authorization form and submission back to Frost can validate our terms and conditions policy.

 

Credit Card Authorization Form Timeframe

Form(s) must be submitted back to Frost within 24-72 hours after submission time and date to Financer.

 

Credit Authorization Sheet:

Will be emailed to you after purchase is completed within 24-72 hours

 

Payment Default: Late Payment:

Monthly payments are due by the 5th of each and every month. The 6th day will result in a late payment fee of $75 and an

additional $10 each day. After the 10th day, your account will be in default and will be submitted to collections.

 

Fault to payment:

Financer will be responsible for any and all collections fees and undisclosed termination fee.

 

Balance Due:
Balance are due no more then 7 business days after partial payment or deposit has been submitted. Failure to complete any and all payments will violate the terms of this service and will void and orders. Partial payments or deposits are Non-Refundable.

 

Belligerent Activity:

No Financer can do any of the following to any employee, associate, affiliate, brand ambassador and any other associate members to Frost.

1. Incline or eager to fight; hostile or aggressive.

2. Of, pertaining to, or engaged in warfare.

3. Warlike; given to waging war.

4. Of warlike character; aggressively hostile; bellicose: a belligerent tone.

5. Waging war; engaged in war: a peace treaty between belligerent powers.

6. Pertaining to war or to those engaged in war: belligerent rights.

 

Reseller Certificate:

When purchasing items for resale, registered sellers may avoid the sales tax by giving their supplier adequate documentation in the form of a resale certificate. A resale certificate indicates the item was in good faith that the purchaser would resell the item and report tax on the final sale.

The name and address of the purchaser. Social Security Number or EIN Number.
A description of the property to be purchased.

Frost will email Financer a reseller certificate after
purchase. Financer must fill out the form as a requirement.

 

Important Disclosure:

Frost has the right to refuse any and all potential Financer. All selected packages are created in order to order basis.

No products are shelf
All products are made fresh
All orders are design in a sequence of the day of completion of

  1. All require personal documents

  2. All require Frost paperwork

All orders are estimated between business days. If any orders are beyond estimate time

1. Production Line Complication
2. Health Concern/Weather Conditions 3. Past order was stopped by Patron
4. Machine Complication
5. Recall on Needed Ingredient
6. Mandatory Shutdown

7. Emergency Move for Production Purpose.

 

Privacy Notice:

Federal Law requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The type of personal information we collect and share will be base on the product(s) you have with us. This information can include:

Social Security number Current Physical mailing address Phone Number, Email and Voice Recorded Calls

When you are no longer our customer, we continue to share your information as described in this notice.

Reasons we share your information. For our everyday business purposes: payment is missed, no packages for the product (s) will such as to process your transactions, maintain your account(s), respond to court orders and legal be mailed to Financer. Financer can pre-pay months in advance but will not change shipment timeframe for selected packages.

Financer can reserve a credit card on file which requires Financer to sign a consent to rendered monthly payment. Financer is required to provide a checking account for monthly deduction of payments (ACH). 

investigations, or report to credit bureaus.

For our marketing purposes

to offer our products and services to you.

For joint marketing with other financial companies For affiliates' everyday business purposes

information about your transactions and experiences. For our affiliates' everyday business purposes Information about your creditworthiness.

For non-affiliates to market to you

 

Color Change:

To change colors from the selected package you are required to pay a processing fee of $150.

 

Slander:


Example: Frost has bad customer service and they don't tell you 
everything about there policies.

 

1. An untrue defamatory statement that is spoken orally will void your selected package. All terms and conditions are spelled out visually for all Financer.

Libelous

Example: Finance decides to go on social media and internet platforms to write digital statements about something that is written in Frost terms and conditions.

Causing any of these slanderous reviews will allow Financer selected package(s) to be void and legal action will apply along with a $1500 fines.

 

Logo Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Frost retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Frost permission to use client’s full name, business address, and/or website address, for testimonial purposes on his/her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).

 

Logo Payment: In return for logo design, the client agrees to pay the total fee payable in one payment before any work begins The client understands that the final logo design belongs to Frost. In the event of termination of this Agreement, Frost owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Frost owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Frost reserves the right to display the logo for business promotional use.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Our Terms and Conditions agreement was generated by TermsFeed Terms and Conditions Generator.

 

Contact Us

If you have any questions about these Terms, please contact us.

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