Terms & Conditions

The following states the General Terms and Conditions of Sales (GTS) that govern the sale and purchase of the products of Transcendence. This document cancels and supersedes all previous GTS versions and takes precedence over the General Purchasing conditions issued by Transcendence’ customers.

Resale Restrictions
All Transcendence products purchased by the customer will be:

  • Used by Customer on the Premises in connection with services provided to Customer’s customers or retail products designed for homecare and will be sold from the Premises to legitimate Customer’s customers for their personal use.
  • Customer shall not resell Transcendence products to any other outlets including, but not limited to, other Skincare or Salon Professionals’ offices, stores, or dealers. Customer will not sell Transcendence products by use of the Internet, catalogue sales, or other methods of distance selling.
  • Customer acknowledges that diversion of Transcendence products to unapproved outlets or through unapproved channels damages the integrity of the Transcendence brands, Transcendence reputation with its authorized distribution partners, and the professional reputation of these authorized distribution partners. Therefore, diversion of Transcendence products in any form will result in immediate termination of this contract.

Selective Distribution

  • Customer must do its best to maintain Transcendence brands’ reputation and prestige.
  • Products must be sold in original packaging.

Pricing Terms

  • Prices are Transcendence published prices for customers in effect at the time of order.
  • All prices are exclusive of federal, state and local sales, use, excise, value and other taxes, as well as charges for shipment and insurance. Any such charges shall be added to the price.
  • Transcendence offers no cash discounts.
  • Transcendence reserves the right to change its prices at any time. Such changes will apply to any orders placed thereafter.

Payment

  • All Invoices are to be paid to: Transcendence Distribution
  • All payments must be paid at the time of the purchase

Shipping and Risk of Loss

  • All shipping dates are approximate and not guaranteed.
  • Deliveries should be expected within nationally published carrier transit schedules.
  • Transcendence reserves the right to make partial shipments.
  • Shipping is F.O.B. point of origin (Denver, CO), freight prepaid
  • Risk of loss shall pass to Buyer when the Products are picked up by the carrier.
  • Shipments shall be made in standard sized, DOT compliant shippers, and Transcendence reserves the right to round shipments up or down to insure a commercially reasonably secure package for shipping.
  • All products shall be transported and stored in conditions of temperature, light and humidity that are commercially reasonable and comply with law, including the terms of the US Food, Drug and Cosmetics Act. Transcendence liability cannot be incurred if the products sold have been stored in conditions that are abnormal or incompatible with their nature.

Delivery & Returns

  • Notify the Transcendence Customer Service department within 14 calendar days of invoice date regarding refusals for damages or products shipped in error.
  • Transcendence accepts returns for products damages or defects or shipped in error to the Customer, and patient returns only after obtaining a Return Authorization Number and our company has given its prior written consent
  • For all returns, the original invoice number is required and the account will be credited for the cost of the products.
  • Transcendence will be released from its obligation to deliver an order if acts of an exceptional nature occur, such as fire, transport strikes, default on part of suppliers.
  • Products returned later than 30 days from the date of receipt will incur a restocking fee: Restocking Fees – No restocking penalty fee for products returned within 30 days of receipt – 25% restocking fee for products returned within 31-90 days of receipt – Returns will not be accepted after 91 days from receipt

Advertising/Publicity

  • All advertising and promotional materials created by Transcendence and the names and trademarks of its divisions’, brands’ and products’ (“Transcendence Intellectual Property”) are the exclusive Intellectual property of Transcendence. Customer will not use such Transcendence Intellectual Property in any advertisement or promotional materials, web site or media or press release without prior written consent of Transcendence. Customer shall not destroy or sell any Transcendence Intellectual Property made available to the Customer without the express authorization of Transcendence. Transcendence reserves the right to withdraw such material at any time and upon request by Transcendence the Customer will, at Transcendence’ option, either return the material to Transcendence or destroy it.

Force Majeure

  • Except for the Customer’s obligation to make payments to Transcendence hereunder, the failure or delay in performance under this agreement by a party shall be excused to the extent it is caused by an event beyond the reasonable control of such party including action of governmental authority, fire, strike or other labor dispute, delays caused by subcontractors, flood, war, riot, theft, and/or natural disaster.
    Repurchase
  • If for any reason Purchaser’s account with Transcendence terminates, Transcendence shall have the option to repurchase any or all Transcendence’ merchandise in Purchaser’s possession or control at a price equal to the original net purchase price charged by Transcendence

Confidentiality

  • Customer agrees that any Confidential Information it learns during its relationship with Transcendence will be kept as confidential by Customer and it will not in any manner, use, disseminate, or divulge any Confidential Information to any third party. Confidential Information includes product development plans, goals, financial information, secret processes and formulae, business techniques, methods, and procedures, marketing strategy and customer data and the terms of Customer’s relationship with Transcendence. Upon request Confidential Information shall be returned to Seller.

Customer’s pricing policy

  • Customer shall be free to set its pricing at retail of any products purchased hereunder.

Products presentation at point of sales

  • Customer agrees to sell the Products in their original packaging unmodified or altered and in very clean condition. The customer also agrees to display the final product in a clean and high quality environment suitable for the Transcendence brand.
  • In order to preserve the image of the Transcendence brand, as well as their quality and efficiency, Customer agrees to sell the products on a First In First Out (FIFO) basis, i.e. selling the products in the order they were bought from Transcendence.
  • Customer agrees to maintain the cleanliness required by OSHA standards. At any point, if the salon’s cleanliness does not meet these standards, Transcendence has the right to remove product from the account and terminate the partnership agreement.

Rejection of Other Terms

  • Any additional, inconsistent or different terms or conditions contained in any purchase order or other document submitted by you at any time shall not be binding or amend or modify these terms and conditions in any way. Such submissions shall be deemed a material alteration and not a rejection of these terms and conditions and are expressly rejected by Transcendence. These General Terms and Conditions of Sales void and replace any previous ones.

Modifications

  • Transcendence reserves the right to modify these terms and conditions at any time upon notice. Such modification shall apply to any orders placed thereafter.

Termination

  • If there is a material change in the ownership, business model or financial condition of Customer, there is no assurance that Transcendence will continue doing business with Customer. Neither party is obligated to purchase or sell any amount of products under this Agreement, it being agreed that both parties may place and accept orders hereunder in their sole and absolute discretion and that Transcendence may close Customer as an account at any time for any reason or no reason.

Jurisdiction

  • The validity of this agreement, and any of its terms or provisions, as wells as the requests and duties of the parties, shall be governed by the law of the state of Colorado.

Trademarks

  • Buyer is forbidden to use, authorize, or permit the use of any of Seller’s trademarks or trade names as part of Buyer’s firm, corporate, or business name. Buyer may not use Seller’s trade names for advertising or marketing purposes in order to denote the origin of Seller’s products without the prior written consent of Seller. Buyer may not and shall not contest or modify the Products or the packaging of the Products. Specifically, Buyer shall not remove the Products from the containers in which the Products are shipped. Buyer shall not package the Products with any other goods other than those of the Seller.

Warranty

  • Seller makes no representation or warranty of any kind, express or implied (either in fact or by operation of law), with respect to the products, whether as to merchantability, fitness for particular purpose or any other matter, except in the case of products made the subject of a proper return as in paragraph above. Buyer’s sole remedy for any claim against seller of any kind, including but not limited to claim of negligence or claim of liability based on a defect, whether discoverable or latent, with respect to any product furnished to buyer shall be limited to the replacement of goods or credit against future product purchase. Transcendence disclaims responsibility for the improper or unintended use of its products. The Customer is responsible for its compliance with the laws and regulations governing skincare and salon professional aesthetic practitioners including, but not limited to, dermatologists, plastic surgeons, salons and medical spas (i.e., a spa under the on-site supervision of a licensed medical doctor or health care provider).