Terms of Use

Last Updated: December 2024

1. Introduction and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and our company ("Qyonz," "we," "us," or "our"), a leading cosmetics OEM/ODM manufacturer specializing in skincare, haircare, body care, and color cosmetics production.

By accessing our website, submitting inquiries, requesting samples, or placing orders, you confirm that:

• You are authorized to enter into binding agreements on behalf of your business entity
• You are at least 18 years of age
• You will comply with all applicable laws and regulations regarding cosmetics manufacturing and distribution in your jurisdiction
• All information you provide to us is accurate, current, and complete

2. Our Services

We provide comprehensive cosmetics manufacturing solutions tailored to meet diverse business needs.

2.1 OEM (Original Equipment Manufacturing)

We manufacture cosmetic products according to your exact specifications and formulations. Our OEM services include:

• Production of your proprietary formulas using our state-of-the-art facilities
• Strict adherence to your quality standards and specifications
• Flexible packaging and labeling options to match your brand identity
• Scalable production volumes from small batches to large-scale manufacturing

2.2 ODM (Original Design Manufacturing)

We offer ready-to-market formulations that can be customized and branded for your business:

• Access to our extensive library of proven, market-tested formulations
• Customization options including fragrance, color, texture, and active ingredients
• Complete product development support from concept to finished goods
• Regulatory compliance documentation for major global markets

2.3 Private Label Services

Launch your cosmetics brand quickly with our turnkey private label solutions:

• Pre-formulated products ready for immediate branding
• Low minimum order quantities ideal for startups and emerging brands
• Comprehensive packaging design and printing services
• Fast turnaround times to accelerate your time-to-market

3. Quality Assurance and Certifications

Our quality certifications and standards include:

• ISO 22716:2007 - Cosmetics GMP certification ensuring consistent quality management
• ISO 9001:2015 - Quality management system certification
• FDA Registration - Compliant with U.S. Food and Drug Administration requirements
• EU Cosmetics Regulation (EC) No 1223/2009 - Full compliance for European market access
• Cruelty-Free Manufacturing - No animal testing in our production processes
• Organic & Natural Certifications - Available for qualifying product lines

4. Order Process and Minimum Order Quantities

4.1 Inquiry and Quotation

Our streamlined order process ensures transparency and efficiency:

1. Initial Consultation: Submit your product requirements through our inquiry form or contact our sales team directly
2. Feasibility Assessment: Our R&D team evaluates your specifications and provides technical recommendations
3. Cotação: Receive a detailed quotation including unit pricing, tooling costs, and production timeline
4. Desenvolvimento de amostras: Após aprovação, desenvolvemos amostras para sua avaliação
5. Produção: After sample approval and order confirmation, we proceed with bulk manufacturing

4.2 Minimum Order Quantities (MOQ)

Our flexible MOQ policies accommodate businesses of all sizes:

Product Category	Standard MOQ	Notes
Skincare (Creams, Serums)	1,000 - 3,000 units	Varies by packaging type
Haircare Products	2,000 - 5,000 units	Bulk options available
Color Cosmetics	3,000 - 5,000 units	Per SKU basis
Cuidados com o corpo	2,000 - 3,000 units	Flexible for large formats

Note: MOQ requirements may be negotiable for long-term partnership agreements or multi-product orders. Please contact our sales team for customized solutions.

5. Pricing and Payment Terms

5.1 Pricing Structure

Our pricing is competitive and transparent, reflecting the quality of our products and services:

• Unit pricing based on order quantity, formula complexity, and packaging specifications
• Tooling and mold costs quoted separately for custom packaging
• Sample fees applicable for custom formulation development (credited toward bulk orders)
• Volume discounts available for larger orders and repeat customers

5.2 Payment Terms

Standard payment terms for manufacturing orders:

• Sample Orders: 100% payment upon order confirmation
• Bulk Orders: 30% deposit upon order confirmation, 70% balance before shipment
• Established Clients: Customized payment terms available upon credit approval

We accept payment via bank transfer (T/T), Letter of Credit (L/C), and other mutually agreed methods.

6. Intellectual Property Rights

6.1 Client's Intellectual Property

You retain all rights to:

• Your proprietary formulations and trade secrets
• Brand names, trademarks, and logos
• Product designs and packaging concepts you provide
• Marketing materials and product claims

6.2 Company's Intellectual Property

We retain all rights to:

• Our proprietary ODM formulations and manufacturing processes
• Technical know-how and production methodologies
• Our brand name, trademarks, and corporate identity
• Website content, design, and functionality

6.3 Developed Intellectual Property

For custom formulations developed collaboratively, ownership rights will be clearly defined in individual project agreements prior to development commencement.

7. Confidentiality

We are committed to protecting your business information:

• All client formulations, business plans, and proprietary information are kept strictly confidential
• Non-Disclosure Agreements (NDAs) are available upon request and recommended for all partnerships
• Our employees and contractors are bound by confidentiality obligations
• Client information is never shared with third parties without explicit written consent
• Secure data handling and storage protocols are maintained throughout our operations

8. Product Liability and Warranties

8.1 Manufacturing Warranty

We warrant that all products manufactured by us will:

• Conform to the agreed specifications and quality standards
• Be manufactured in compliance with applicable GMP requirements
• Be free from defects in materials and workmanship
• Meet the stated shelf life under proper storage conditions

8.2 Limitation of Liability

Our liability is limited to the replacement of defective products or refund of the purchase price for the affected goods. We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits or business opportunities
• Claims arising from client's modification of products after delivery
• Issues resulting from improper storage, handling, or use of products
• Regulatory issues in client's target markets where we have not provided compliance documentation

8.3 Client Responsibilities

You are responsible for:

• Ensuring products comply with regulations in your distribution markets
• Accurate product labeling and marketing claims
• Proper storage and handling of products after delivery
• Obtaining necessary import permits and registrations
• Product liability insurance for your distributed products

9. Shipping and Delivery

We offer flexible shipping options to meet your logistics needs:

• Incoterms: FOB, CIF, DDP, and other terms available based on your preference
• Shipping Methods: Sea freight, air freight, and express courier services
• Lead Times: Typically 30-45 days for production plus shipping time (varies by order complexity)
• Documentation: Complete export documentation including commercial invoice, packing list, certificates of analysis, and origin certificates

10. Returns and Claims

Quality claims must be submitted within 14 days of receiving goods:

• Claims must include detailed description, photographs, and affected batch numbers
• Retain samples of affected products for our quality team's investigation
• We will respond to all claims within 5 business days
• Verified defects will be addressed through replacement, credit, or refund at our discretion

Custom-manufactured products cannot be returned unless there is a verified manufacturing defect.

11. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to:

• Natural disasters, epidemics, or pandemics
• War, terrorism, or civil unrest
• Government actions, embargoes, or trade restrictions
• Supply chain disruptions affecting raw materials
• Utility failures or transportation disruptions

In such events, we will communicate promptly and work together to minimize impact on your business.

12. Termination

Either party may terminate the business relationship:

• Upon completion of all outstanding orders and obligations
• With 30 days written notice for ongoing service agreements
• Immediately upon material breach by the other party

Upon termination, all outstanding payments become immediately due, and confidentiality obligations shall survive.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable international trade laws and practices. Any disputes arising from these Terms or our business relationship shall be resolved through:

1. Negotiation: Good faith discussions between authorized representatives
2. Mediation: If negotiation fails, parties agree to attempt mediation
3. Arbitration: Unresolved disputes shall be submitted to binding arbitration under internationally recognized arbitration rules

14. Website Use

When using our website, you agree to:

• Use the website only for lawful business purposes
• Not attempt to gain unauthorized access to our systems
• Not reproduce, distribute, or modify website content without permission
• Provide accurate information in all forms and communications

15. Privacy and Data Protection

We respect your privacy and protect your personal and business information:

• Information collected is used solely for business communication and order processing
• We do not sell or share your information with unrelated third parties
• Secure protocols protect data transmission and storage
• You may request access to or deletion of your personal data at any time

For complete details, please refer to our Privacy Policy.

16. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. For existing orders and contracts, the Terms in effect at the time of order confirmation shall apply. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with any specific quotations, order confirmations, and supplementary agreements, constitute the entire agreement between you and us regarding our business relationship. Any prior discussions, representations, or agreements are superseded by these Terms unless explicitly incorporated in writing.

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