Terms and conditions

TERMS AND CONDITIONS – BEAUTIFUL CONNECTION GROUP MARKETPLACE

www.beautifulcng.com

Effective date: 1st November 2023

1. Introduction

Welcome to the Beautiful Connection Group Marketplace (the “Marketplace”), a premier B2B clothing manufacturers’ platform operated by Beautiful Connection Group, Inc. (“BCG”, “we”, “us”, or “our”). The Marketplace serves as a conduit between buyers and manufacturers, facilitating the purchase and sale of clothing and related products. 

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between BCG and you, the user, governing your access to and use of the Marketplace accessible via www.beautifulcng.com and any related services, features, content, apps, or widgets offered by BCG (collectively, the “Services”).

2. Acceptance of Terms

By registering for an account, accessing, or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you are using the Services on behalf of a business or entity, you represent that you have the authority to bind that business or entity to these Terms and that it is fully binding on them. In such a case, the term “you” will refer to that business or entity. If you do not agree with any part of these Terms, you must not use the Services.

3. Modification of Terms

BCG reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, BCG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.

4. User Registration and Account Management

To access certain features of the Services, you must register for an account. When creating or updating an account, you are required to provide BCG with accurate and complete personal information, including a valid email address. You have sole responsibility for all activities that occur under your account, whether or not you have authorized the activities. You must notify BCG immediately of any breach of security or unauthorized use of your account. BCG will not be liable for any losses caused by any unauthorized use of your account; however, you may be liable for the losses of BCG or others due to such unauthorized use.

5. User Conduct and Obligations

You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. You shall not, and shall not allow any third party to: (i) engage in any activity that interferes with or disrupts the Services; (ii) duplicate, reproduce, copy, sell, trade, or resell the Services for any purpose, except as expressly allowed under these Terms; (iii) engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iv) infringe on the intellectual property rights of others; or (v) create a false identity to mislead others.

6. Marketplace Services Description

The Marketplace provides a platform for registered buyers to connect with manufacturers and suppliers of clothing and related products. Services include, but are not limited to, facilitating product listings, managing user accounts, processing payments, and providing communication tools for users to negotiate and complete transactions. BCG is not a party to any agreement entered into between buyers and manufacturers and is not responsible for the execution of any agreement. BCG’s role is limited to offering the platform that users may utilize to enter into such agreements.

7. Product Listings and Manufacturer Profiles

Manufacturers are required to provide accurate and complete information about their products and business. Each product listing must truthfully represent the item for sale, including detailed descriptions, pricing, and availability. Manufacturers must ensure that all content associated with their listings complies with applicable laws, BCG policies, and intellectual property rights. BCG reserves the right, but not the obligation, to monitor, edit, or remove any product listings that violate these Terms or any applicable laws.

Manufacturers must guarantee the authenticity of their products. The Marketplace strictly prohibits fake brands or unauthorized copies of other brands or designs. Manufacturers are required to provide BCG with their company license or proof of their own brand for verification.

Manufacturers must submit proof of their company license or documentation verifying ownership of their brand as part of the account registration process on the Marketplace.

8. Buyer and Manufacturer Agreements

Buyers and manufacturers are solely responsible for negotiating the terms of their transactions. BCG facilitates these transactions but is not a party to the contracts formed directly between buyers and manufacturers. All parties agree to act in good faith when negotiating and performing their obligations under these agreements. BCG shall not be liable for any loss or damage arising from the transactions or the parties’ failure to fulfill their contractual obligations.

Buyers are encouraged to communicate effectively with suppliers/manufacturers to ensure their needs and requirements are understood, including the ability to provide the desired service and guarantee delivery times. It is crucial that both parties reach a mutual agreement on handling any potential issues and compensation for damages or delays.

9. Buyer Payment Terms

a. Sample Purchases: Sample purchases must be paid in full at the time the order is placed.

b. In-Stock Product Purchases: For purchases of in-stock products, a down payment of 50% is required for orders totaling 10,000 US dollars or less. For orders exceeding 10,000 US dollars, a down payment of 30% is required. A detailed invoice will be provided before each payment, which can be made using credit cards or PayPal.

c. Payment Before Shipping: The remaining balance for the order must be cleared after the buyer receives the packing list and visual proof (videos/photos) of the products from the manufacturer.

d. Approval and Payment Confirmation: After reviewing the packing list and approving the visual proof of the products, the buyer is required to make the payment. Upon receipt of payment, BCG will process the payment to the manufacturer, and the buyer will be provided with the tracking number for the shipment of the order from the manufacturer.

e. Post-Delivery Reporting: If any problems with the order are encountered, the buyer must report them to the BCG team within 3 days of the goods being delivered for assistance in resolving the issue with the manufacturer. After 3 days of the order being delivered, the order is considered complete, and BCG will no longer assume any responsibility for the order.

10. Manufacturer Payment Terms

a. Pre-Shipment Proof: Before all goods are shipped, manufacturers must send the buyer a packing list and visual proof (videos/photos) of the products.

b. Payment and Quality Deposit: After the buyer makes the payment and receives the tracking number, BCG will process the payment to the manufacturer, retaining 10% of the payment as a quality deposit. If no problems with the order are reported by the customer within 3 days after the goods have been delivered, BCG will release the remaining 10% of the payment to the manufacturer.

11. Financial Transactions and Payment Policy

All financial transactions must be conducted through the BCG platform to ensure security and to enable BCG to provide support services. Buyers are obligated to submit payments in accordance with the agreed-upon terms with manufacturers.  

12. Order Processing and Confirmation

Upon placing an order, buyers will receive an order confirmation detailing the products purchased, total cost, and expected delivery timeline. Manufacturers are required to confirm the order and begin processing only after receiving the order confirmation and any required down payment. Both parties must communicate promptly and clearly throughout the order processing phase to ensure the transaction proceeds smoothly.

13. Off-Marketplace Transactions 

a. The Marketplace is designed to provide a secure and reliable environment for transactions between buyers and manufacturers. Users are strictly prohibited from soliciting or engaging in transactions outside of the Marketplace platform. Such actions are deemed a violation of these Terms and contradict the Marketplace’s policy of providing a secure transaction environment.

b. BCG expressly disclaims any responsibility for transactions conducted outside of the Marketplace platform. Users engaging in or soliciting such transactions do so at their own risk and shall bear all consequences, legal or otherwise, that may arise from such activities.

c. BCG reserves the right to investigate suspected violations of this policy. If BCG determines that a user has engaged in off-marketplace transactions, it may take appropriate action, including but not limited to, suspension or termination of the user’s account, and may also take legal action if necessary.

14. Shipping Policy

Manufacturers are responsible for shipping the products to the buyers in accordance with the agreed-upon delivery terms. Shipping costs, methods, and timelines must be clearly communicated to and agreed upon by the buyer prior to shipping. BCG is not responsible for shipping and does not handle the physical delivery of goods. However, BCG may assist in resolving disputes related to shipping when possible.

15. Quality Control and Acceptance of Goods

Manufacturers must adhere to quality control standards and ensure that the goods shipped meet the specifications agreed upon with the buyer. Prior to shipping, manufacturers must provide the buyer with evidence of the product’s quality, such as photos or videos, and a detailed packing list. Buyers are responsible for reviewing this information and confirming acceptance of the goods. Once the buyer confirms acceptance and the final payment is made, the transaction is considered complete, and BCG’s involvement in the transaction is concluded.

16. Return, Refund, and Cancellation Policy

a. Returns and Refunds: Buyers may request a return or refund within three (3) days of delivery if the products received are materially different from the description provided by the manufacturer or are found to have defects. The manufacturer is obligated to honor valid return requests and process refunds in accordance with the terms agreed upon between the buyer and manufacturer. BCG will facilitate the refund process, subject to the terms outlined 

b. Cancellations: Orders may be canceled by the buyer prior to shipment; however, any down payment may be subject to forfeiture as per the cancellation policy agreed upon at the time of order confirmation. Manufacturers must inform BCG immediately of any cancellations to ensure proper handling of payments and fees.

17. Dispute Resolution

Prior to arbitration, parties are encouraged to contact BCG’s customer support to facilitate an informal resolution. If the matter cannot be resolved informally, the parties may proceed to binding arbitration.

18. Intellectual Property Rights

All intellectual property rights in the Marketplace, including but not limited to content, graphics, logos, and software, are owned by BCG or its licensors. Users are granted a non-exclusive, non-transferable license to use the Marketplace within the scope of these Terms. Users agree not to infringe upon the intellectual property rights of BCG or third parties and to respect all copyright and trademark laws.

BCG respects the intellectual property rights of all users. Manufacturers are responsible for protecting their intellectual property and may pursue legal action against any party that infringes upon their rights.

19. Confidentiality and Non-Disclosure

Users of the Marketplace may have access to confidential information pertaining to BCG’s business, operations, or other users. All parties agree to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of BCG or as otherwise required by law.

20. Compliance with Applicable Laws

Users shall comply with all applicable local, state, federal, and international laws, statutes, ordinances, and regulations regarding their use of the Marketplace and their listing, purchase, solicitation of offers to purchase, and sale of items.

21. Data Policy

1. Data Collection: We collect information during the registration process for buyers and manufacturers, as well as through the operation of the Marketplace. This includes personal details, product information, business requirements, and other relevant data necessary to facilitate transactions within the Marketplace.

2. Use of Data: The collected information is utilized to support Marketplace operations, to enhance user experience, and to personalize the service offered to each user. This includes using the product data uploaded by manufacturers and the manufacturing requirements posted by buyers to facilitate the intended B2B connections and transactions.

3. Data Storage and Protection: All user data is securely stored and safeguarded against unauthorized access and breaches. We are committed to employing appropriate data security measures and ensuring that all data is treated confidentially.

4. Sharing of Data: User data may be shared with service providers or affiliates as necessary to provide the Marketplace services. Such sharing will be conducted in compliance with applicable data protection laws, and with appropriate safeguards in place.

5. User Data Rights: Users maintain rights over their data as per applicable laws. This includes the right to access, modify, and request the deletion of their personal information. Users can exercise these rights by contacting us through the provided channels.

21.6 Consent to Data Practices: By using the Marketplace, users are consenting to the collection, use, processing, and sharing of their data as described in this Data Policy. Should there be any changes to our data practices, affected users will be notified and may be required to give additional consent.

21.7 Manufacturer and Buyer Data: Specifically, manufacturers are allowed to upload product-related data, and buyers are permitted to post their manufacturing needs. The Marketplace acts as a platform for such data to be displayed and used to match buyers with manufacturers.

21.8 Responsibility for Data Content: Users are solely responsible for the accuracy and legality of the data they provide to the Marketplace. The Marketplace assumes no responsibility for the verification of data provided by users but reserves the right to remove or restrict any data that is in violation of these Terms.

21.9 Intellectual Property Rights: By submitting data to the Marketplace, users confirm that they have the appropriate rights and permissions to use and share this data. Users must ensure that their data does not infringe upon the intellectual property rights of others.

22. Upload data

Manufacturers will have the ability to upload detailed data pertaining to their products, including but not limited to specifications, pricing, and images. Concurrently, buyers will be able to post their specific manufacturing requirements, outlining the nature and specifications of the products they seek. Both sets of information are crucial for the operation of the Marketplace, serving to facilitate the appropriate business matches between buyers and sellers. By providing such data, users warrant that they have the right to disclose this information and that the data does not infringe on any third party’s intellectual property rights or violate any applicable law or regulation.

23. Limitations of Liability

BCG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

24. Indemnity

You agree to defend, indemnify, and hold harmless BCG, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

25. Account Suspension and Termination

BCG reserves the right to suspend or terminate your account and access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. BCG may also suspend or terminate your account if you are found to be in breach of these Terms, engaged in illegal activities, or for any other reason that BCG deems appropriate, in its sole discretion, with or without notice.

In general, BCG reserves the right to terminate a user’s account at any time for any reason at its sole discretion, including but not limited to violations of these Terms, unauthorized activities, or conduct detrimental to the interests of the Marketplace or its users.

26. Effects of Termination

Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

27. Communications and Notices

Any communications or notices required or permitted under these Terms shall be in writing and given by BCG via email to the address that you have provided, or by posting on the Marketplace. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

28. User Feedback and Ratings

BCG may provide mechanisms for feedback, comments, and ratings of manufacturers by buyers and vice versa. Such feedback must be honest, fair, and constructive. BCG reserves the right to remove feedback or ratings that it determines, in its sole discretion, to be inappropriate, offensive, or otherwise in violation of these Terms.

29. Promotional Offers and Discounts

BCG may, from time to time, offer promotional events, offers, or discounts (“Promotions”) to users. These Promotions are subject to terms and conditions that will be available with each Promotion, and are offered at BCG’s sole discretion. All Promotions are time-limited and may be withdrawn or modified by BCG without prior notice.

30. Changes to Marketplace Services

BCG reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Service or any feature, without notice and without liability. BCG may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

31. Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

32. Severability

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. The failure of BCG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

33. Disclaimers

BCG does not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services are free of viruses or other harmful components. You use the Services at your own risk.

34. Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Marketplace, constitute the entire agreement between BCG and you in relation to your use of the Services. These Terms supersede all prior agreements and understandings between BCG and you, whether written or oral, regarding the Services.

35. Contact Us

At Beautiful Connection Group, we are committed to providing exceptional service and support to our users. Whether you have questions about our services, need assistance with the marketplace, or have feedback and suggestions, we are here to help.

For customer service inquiries, including questions about orders, shipping, and returns, please contact our support team at:

• Email: contact@beautifulcng.com