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Welcome
to the world of Minerva.
Our mission is to deliver our customers equipment
with fine craftsmanship, dependability and value that is unmatched
in the beauty industry. Minerva pledges to be there before, during
and after your purchase to assure you that we will help to keep you
up and running even if a problem is to arise. Minerva backs all
their products with a no hassle, trouble-free warranty.
Since you are buying directly from Minerva, you are
guaranteed to save money because you are eliminating the middleman.
This can save you hundreds if not thousands of dollars.
We stock one of the largest inventories in North
America, so you can be assured that you will receive your items as
quickly as possible. Almost all items will ship within 24 hours of
purchase from our modern 87,000 sq ft facility located in Duluth,
GA via FedEx.
Minerva also features a custom cabinetry line
designed to suit your salon/spa’s individual needs in a variety of
styles, sizes and colors of finish. If you do not see a product
listed in our catalog, please feel free to call us our friendly
sales team toll free at 1.888.332.0123.
Sales Policies
1
Minerva Beauty, Inc. does not accept responsibility
for installation or assembly of any items purchased.
2
Minerva Beauty, Inc. is not responsible for
maintenance of any of our products. Proper use and maintenance are
the sole responsibility of the customer.
3
Minerva Beauty, Inc. is not responsible nor has
knowledge of individual building codes or laws. Please check with
your local government offices regarding any questions that you may
have. Compliance with all local, state and federal codes is the sole
responsibility of the customer.
Payment Policies
1
All purchases must be prepaid. We accept Visa,
MasterCard, American Express, Discover, Certified Bank Checks and
Money Orders. Minerva Beauty, Inc. also is certified with many
different lenders that can provide our customers with many different
financing options. COD’s are not accepted.
2
Special order items, as well as items that are not in
stock, will require a 50% deposit with the balance due prior to
delivery or pick up of merchandise. Items that remain in our
warehouse must be picked up or shipping within 3 weeks of purchase.
Customer will be charged storage fees of no less than $55 per day
that item(s) are held in our facilities.
3
After special orders are in production, the customer
is fully responsible for paying the balance. If the order is
cancelled, it will result in total forfeiture of deposit. Custom
orders cannot be returned unless there is a manufacturing defect.
4
All returned checks will be charged an additional $35
plus all bank and services charges.
Shortages, Damages or Loss of Items in Transit
1
All shortages or damages must be reported within 48
hours of receipt of merchandise. Problems reported after 48 hours
are not the responsibility of Minerva Beauty, Inc. and resolution of
the problems are not guaranteed.
2
Any damages to products are the sole responsibility
of the carrier and such damage claims are between the Minerva
Beauty, Inc. and carrier. The customer is required to provide video
evidence of the damage so that Minerva Beauty, Inc. can file a claim
and send replacement merchandise to the customer.
3
All shortages/backordered items and related transit
costs are the shipping responsibility of Minerva Beauty, Inc.,
unless otherwise noted.
Exchanges, Returns & Refunds
1
All returned products will incur a 25%
restocking/reconditioning fee.
2
All merchandise must be returned in its original box
with original packing materials and must be packed in such a manner
that it will not incur damages in return transit.
Any damages to returned
products are the sole responsibility of the customer and such damage
claims are between the carrier and customer.
3
Refunds and exchanges will be given within 30 days
from the original date of purchase. All credits for merchandise will
be given as in-house credit only.
4
Custom orders CANNOT be returned for any reason
whatsoever.
5
All refunds issued will be less shipping charges.
Customers are responsible for all return shipping charges.
6
All returns must be approved by Minerva Beauty, Inc.
before they are returned and must be accompanied by an RMA number.
7
All refunds are subject to a 3% service charge.
Limitations of Warranty
1
Hydraulic pumps are covered by a 2 year limited
warranty, electronic items are covered by a 180 day limited warranty
and all other items are covered by a 1 year limited warranty.
2
Minerva Beauty, Inc. shall not, under any
circumstances, be liable for abuse, misuse, normal wear and tear,
alteration, improper maintenance, unauthorized repair, design
concepts, any chipping, fading or peeling of laminate or any acts of
nature, such as, fire, water damage, freeze, etc.
3
Minerva Beauty, Inc. reserves the right to replace
any discontinued item with a like or similar item.
4
A licensed plumber must perform all installation for
plumbing and all plumbing related equipment. Failure to do so will
result in the warranty being voided. Documentation must be provided
to Minerva Beauty, Inc. for all plumbing related warranty issues.
5
All transit costs for items returned to Minerva
Beauty, Inc. or replaced by Minerva Beauty, Inc. is the sole
responsibility of the customer.
6
An approved electrician must service all equipment
still under warranty. Failure to do so will result in the warranty
being voided.
7
Any reconditioned, open box and floor models are sold
as is and do not include a warranty unless otherwise noted by
Minerva Beauty, Inc.
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale which appear on
all invoices are the terms and conditions upon which Minerva Beauty,
Inc. makes all sales. Minerva will not accept any other terms and
conditions of sale, unless Buyer and Minerva have executed a written
agreement which specifically modifies, supersedes and/or replaces
these terms and conditions. Acceptance of all purchase orders is
expressly made conditional upon Buyer's assent, expressed or
implied, to the terms and conditions set forth herein without
modification or addition.
1. ACCEPTANCE OF INVOICES & MERCHANDISE
Buyer's acceptance of these terms and conditions
shall be indicated by any of the following, whichever first occurs:
(a) Buyer's making of an offer to purchase Product from Minerva; (b)
Buyer's written acknowledgment hereof; (c) Buyer's acceptance of any
shipment of any part of the items specified for delivery (the
"Products"); or (d) any other act or expression of acceptance by
Buyer. Minerva's acceptance is expressly limited to these terms and
conditions in their entirety without addition, modification or
exception, and any term, condition or proposals hereafter submitted
by Buyer (whether oral or in writing) which is inconsistent with or
in addition to these terms and conditions is objected to and is
hereby rejected by Minerva. Minerva's silence or failure to respond
to any such subsequent or different term, condition or proposal
shall not be deemed to be Minerva's acceptance or approval thereof.
2. DELIVERY
Unless otherwise agreed in writing, delivery shall be
made in accordance with Minerva's shipping policy in effect on the
date of shipment. The current Minerva shipping policy can be
located at
www.minervabeauty.com.
Domestic:
For all domestic transactions, unless otherwise
stated on the front of the invoice, title to the Products and all
risk of loss or damage with respect to the Products shall pass to
Buyer upon delivery by Minerva to the carrier or Buyer's
representative at Minerva's distribution center.
International:
For all international transactions, Minerva assumes
no responsibility for charges related to customs clearance in the
country of delivery, customs duties, VAT or any other charges or
taxes within the country designated for delivery by the Buyer.
Title shall pass to the Buyer upon delivery to the Buyer or Buyer’s
representative.
Delivery is subject to the payment provisions set
forth herein and to Minerva's receipt of all necessary information
and documentation from Buyer including all import certificates,
exemption and/or resale certificates, licenses and other documents
as may be required from Buyer for export of the Product. Buyer
shall promptly notify Minerva, in no event later than two (2)
business days after delivery, of any claimed shortages or rejection
as to any delivery. Such notice shall be in writing and shall be
reasonably detailed, stating the grounds for any such rejection.
Failure to give any such notice within such time shall be deemed an
acceptance in full of any such delivery. Minerva shall not be
liable for any shipment delays beyond the reasonable control of
Minerva which affect Minerva or any of Minerva's suppliers,
including, but not limited to, delays caused by unavailability or
shortages of Products from Minerva's suppliers; natural disasters,
acts of war; acts or omissions of Buyer; fire, strike, riot, or
governmental interference; unavailability or shortage of materials,
labor, fuel or power through normal commercial channels at customary
and reasonable rates; failure or destruction of plant or equipment
arising from any cause whatsoever; or transport failures.
3. PRICE AND PAYMENT
Buyer shall bear all applicable federal, state,
municipal and other government taxes (such as sales, use and similar
taxes), as well as import or customs duties, license fees and any
other similar charges, however designated or levied on the sale or
delivery of the Products or measured by the purchase price paid for
the Products. Minerva's prices set forth on the front side of the
invoice do not include such taxes, fees and charges. Exemption
certificates must be presented to Minerva prior to shipment if they
are to be honored.
Payment Terms:
Unless otherwise specified, the payment terms are
prepaid. All unpaid invoices shall bear interest at an amount equal
to 1-1/2% of the outstanding balance per month (or the maximum rate
of interest allowed to be contracted for by law, whichever is less),
commencing upon the date payment is due. Buyer's failure to make
timely payment may result in such action as commencement of
proceedings for collection, revocation of credit, stoppage of
shipment, delay or cessation of future deliveries, repossession of
unpaid delivered goods and termination of any one or more sales
agreements. Notwithstanding any "net" payment provisions specified
on the invoice, Minerva shall have no continuing obligation to
deliver Products on credit, and any credit approval may be withdrawn
by Minerva at any time and without prior notice. Minerva retains
(and Buyer grants to TDC by submitting a purchase order) a security
interest in the Products to secure payment in full and compliance
with these terms and conditions of sale. Buyer agrees to execute any
additional documents necessary to perfect such security interest.
Collections:
In the event the sales invoice shall be placed by Minerva in the
hands of an attorney or collection agency for the purpose of
collection, with or without litigation, or for the purpose of
enforcing Minerva's security interest in the Products, the Buyer
agrees to pay any and all costs associated with such placement,
including, without limitation, attorney's fees and costs incurred
prior to, during, or subsequent to trial, and including, without
limitation, collection, bankruptcy, or other creditor's rights
proceedings.
Currency:
If a sale is to occur, or the Product is to be
shipped, outside of the United States, Buyer acknowledges and agrees
that the amount due Minerva is contracted in U.S. Dollars and that
payment in U.S. Dollars is of the essence. Any payment by Buyer in
local currency or the receipt by Minerva of local currency as a
consequence of enforcement procedures against Buyer will be deemed
an authorization for Minerva to use that local currency to purchase
U.S. Dollars or, if such purchase is prohibited by local law, an
authorization to purchase appropriate bonds or other instruments and
export them from the Buyer's country in order to convert the
currency into U.S. Dollars and apply the proceeds to the payment of
any amounts owed to Minerva by Buyer. Any deficiency as a result of
conversion of payment into U.S. Dollars shall be the responsibility
of Buyer.
4. RETURNS
Any return of the Products purchased hereunder,
whether for stock balancing purposes or because such Products are
claimed to be defective, shall be governed by Minerva's Product
Return policies in effect on the date of the invoice, or as
otherwise provided by Minerva to Buyer in writing. Minerva’s
Product Return policies are located at
www.minervabeauty.com. Minerva reserves the right to modify or
eliminate such policies at any time. Although Minerva's policies
may permit Buyer to return Products claimed to be defective under
certain circumstances, Minerva makes no representations or
warranties of any kind with respect to the Products. MINERVA HEREBY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS
TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. MINERVA WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR
EXPENSE FOR BREACH OF WARRANTY. The right to return defective
Products, as previously described, shall constitute Minerva's sole
liability and Buyer's exclusive remedy in connection with any claim
of any kind relating to the quality, condition or performance of any
Product, whether such claim is based upon principles of contract,
warranty, negligence or other tort, breach of any statutory duty,
principles of indemnity or contribution, the failure of any limited
or exclusive remedy to achieve its essential purpose, or otherwise.
In the event Minerva issues a return authorization to Buyer allowing
Buyer to return Product to Minerva, Buyer will deliver the Product
to Minerva's address in the United States, if so required by
Minerva, and Buyer shall bear all applicable federal, state,
municipal and other government taxes (such as sales, use and similar
taxes) as well as import or customs duties, license fees and similar
charges, however designated or levied, on any replacement Product to
be shipped by Minerva to Buyer.
5. LIMITATION OF LIABILITY
MINERVA shall not be liable under any circumstances
for any special, consequential, incidental, PUNITIVE or exemplary
damages arising out of or in any way connected with the agreement to
sell Product to Buyer or the Product, including, but not limited to,
damages for lost profits, loss of use, lost data or for any damages
or sums paid by Buyer to third parties, even if MINERVA has been
advised of THE possibility of such damages. The foregoing
limitation of liability shall apply whether any claim is based upon
principles of contract, warranty, negligence or other tort, breach
of any statutory duty, principles of indemnity or contribution, the
failure of any limited or exclusive remedy to achieve its essential
purpose, or otherwise.
6. GENERAL
These terms and conditions shall constitute the
final, complete and exclusive agreement of the parties with respect
to all sales by Minerva to Buyer and shall supersede all prior
offers, negotiations, understandings and agreements. Unless Buyer
and Minerva have executed a written agreement which specifically
modifies, supersedes and/or replaces these terms and conditions, it
is expressly agreed that no prior or contemporaneous agreement or
understanding, whether written or oral, shall contradict, modify,
supplement or explain these terms and conditions. No additional or
different terms or conditions, whether material or immaterial, shall
become a part of any sales agreement unless expressly accepted in
writing by an authorized officer of Minerva in the United States.
Any waiver by Minerva of one or more of these terms and conditions
or any defaults hereunder shall not constitute a waiver of the
remaining terms and conditions or of any future defaults. No
failure or delay by either party in exercising or enforcing any
right hereunder shall operate as a waiver thereof or preclude any
other exercise or enforcement of its rights. Any provision of these
terms and conditions that is prohibited or unenforceable under the
laws of the State of Georgia shall be ineffective to the extent of
such prohibition or unenforceability, without impairing or
invalidating the remaining provisions of these terms and
conditions. All sales agreements shall be deemed made in, and shall
be governed by, the laws of the State of Georgia. The venue for any
disputes arising out of any sales agreement shall be, at Minerva's
sole and exclusive option, Gwinnett County, Georgia or the courts
with proper jurisdiction at Buyer's location. ALL SALES
TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF
OTHERWISE APPLICABLE.
7. RESALE
a) Buyer acknowledges, represents and warrants that
it currently complies with, and at all times shall comply with, and
shall not act to contravene, relevant laws, codes, and regulations
applicable to the purchase and sale of Products under these terms
and conditions.
Buyer further acknowledges and agrees that the goods,
design, and technology subject to these terms and conditions are
subject to the export control laws and regulations of the United
States, including, but not limited to, the Export Administration
Regulations ("EAR"), and sanctions regimes of the U.S. Department of
Treasury, Office of Foreign Asset Controls. Buyer shall not, without
prior U.S. government authorization, export, reexport, or transfer
any goods, design, or technology subject to these terms and
conditions, either directly or indirectly, to any country subject to
a U.S. trade embargo or to any resident or national of any such
country, or to any person or entity listed on the "Entity List" or
"Denied Persons List" maintained by the U.S. Department of Commerce
or the list of "Specifically Designated Nationals and Blocked
Persons" maintained by the U.S. Department of Treasury.
b) Buyer recognizes that some Product sales are
limited to a specified territory and shall not sell Products outside
that territory. Such sales may constitute copyright or trademark
infringement. Products purchased by Buyer may also be subject to
additional usage restrictions or authorizations imposed by the
Product manufacturer or publisher. Buyer is responsible for
ensuring compliance with any such restrictions or authorization.
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