Terms of Use
TERMS OF USE
SP Beauty Global Portal
The service provider and contractual partner for the use of the SP Beauty Global Portal is:
SP BEAUTY GLOBAL, INC.
Totowa, New Jersey, United States
("SP Beauty Global")
1. General Information
SP Beauty Global, Inc. provides a business-oriented online platform (the "Portal") designed to support commercial customers in accessing product information, submitting inquiries, requesting quotations, placing orders, and managing order-related documentation.
Use of the Portal is governed exclusively by these Terms of Use.
2. Scope and Purpose of the Portal
The Portal is a B2B digital service platform enabling registered customers to:
- access product, material, and technical information,
- request quotations and place orders,
- track order and delivery status,
- download commercial documents such as invoices, packing lists, and order confirmations,
- access compliance-related and technical documentation.
SP Beauty Global may modify, expand, restrict, or discontinue the Portal or any of its functionalities at any time.
The Portal is intended exclusively for business customers acting in the course of their trade, business, or profession.
Natural persons acting for private purposes ("consumers"), as defined under applicable consumer protection laws, including but not limited to EU Directive 2011/83/EU, are expressly excluded from using the Portal.
Any terms and conditions of the customer deviating from or conflicting with these Terms of Use shall apply only if expressly agreed in writing by SP Beauty Global.
3. Access and Registration
Access to the Portal requires prior registration and approval by SP Beauty Global.
User accounts are issued at SP Beauty Global's discretion.
By registering and logging into the Portal, the customer confirms acceptance of these Terms of Use and confirms that the Portal will be used solely for business purposes.
Login credentials are confidential and may not be shared with third parties.
The customer is responsible for all activities conducted through its account.
SP Beauty Global may suspend or revoke access if misuse, security concerns, or violations of these Terms occur.
4. Conclusion of Contracts via the Portal
Any contracts concluded through the Portal, including purchase or supply agreements, are entered into directly between the customer and SP Beauty Global, unless otherwise agreed in writing.
Orders placed through the Portal are subject to SP Beauty Global's applicable General Terms and Conditions of Sale or any separately executed framework agreement.
Access to the Portal does not create any obligation for SP Beauty Global to accept orders or guarantee minimum volumes.
5. Prices and Payment Terms
Prices, payment terms, delivery conditions, and applicable taxes or duties are governed by:
- the relevant quotation or order confirmation, and/or
- any applicable framework or supply agreement between the parties.
6. Availability of the Portal
The Portal is provided on a hosted basis and accessed via the internet.
SP Beauty Global will use commercially reasonable efforts to maintain availability but does not guarantee uninterrupted or error-free operation.
Temporary interruptions may occur due to maintenance, updates, system issues, or events beyond SP Beauty Global's reasonable control.
7. Customer Obligations
The customer is solely responsible for any content, data, or information uploaded, transmitted, or submitted through the Portal.
The customer must not:
- violate applicable laws or third-party rights,
- upload malicious software or harmful content,
- misuse the Portal for spam, harassment, or unlawful purposes,
- attempt unauthorized access to systems or data.
The customer must promptly notify SP Beauty Global of any unauthorized access, data breach, or security incident.
The customer agrees to indemnify and hold harmless SP Beauty Global from any claims, damages, or losses arising from misuse of the Portal or violation of these Terms.
8. Intellectual Property Rights
SP Beauty Global grants the customer a non-exclusive, non-transferable, revocable right to use the Portal for the duration of the registration.
All content, software, documents, designs, and materials available on the Portal are protected by intellectual property laws and remain the property of SP Beauty Global or its licensors.
The customer may not copy, modify, distribute, reverse engineer, or otherwise exploit the Portal or its content without prior written consent.
9. Term and Termination
These Terms of Use are effective for an indefinite period.
Either party may terminate the user relationship at any time with immediate effect.
Upon termination, the customer's access rights shall cease immediately, and SP Beauty Global may block or delete the account.
10. Liability and Disclaimer
The Portal is provided "as is" and, unless otherwise agreed, free of charge.
To the maximum extent permitted by law, SP Beauty Global excludes liability for defects, interruptions, or data loss.
SP Beauty Global shall not be liable for indirect, incidental, or consequential damages.
Nothing in these Terms excludes or limits liability for willful misconduct, gross negligence, personal injury, or liability that cannot be excluded under applicable mandatory law.
11. Data Protection
SP Beauty Global processes personal data in accordance with applicable data protection laws, including, where applicable, the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
Where personal data is transferred outside the European Economic Area (EEA), such transfers shall be conducted using lawful data transfer mechanisms, including Standard Contractual Clauses or equivalent safeguards.
Further details are available in the Privacy Policy published on the Portal.
12. Confidentiality
All non-public information disclosed via the Portal is confidential.
Confidential information may not be disclosed to third parties without prior written consent, unless required by law or authority.
Confidentiality obligations shall survive termination of these Terms of Use for five (5) years, unless mandatory law requires a longer period.
13. Amendments to the Terms of Use
SP Beauty Global may amend these Terms of Use from time to time.
Customers will be notified of material changes in advance.
Continued use of the Portal after the effective date constitutes acceptance of the amended Terms.
14. Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of the State of New Jersey, United States, excluding conflict-of-law principles.
This choice of law shall not deprive customers located in the European Union of the protection afforded by mandatory provisions of applicable EU law.
The exclusive place of jurisdiction for all disputes shall be New Jersey, USA, unless mandatory law provides otherwise.
15. Severability
If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.