Effective Date: January 3 2026

ARTICLE 1 –  SCOPE

These are the Terms of Use (“Terms of Use” or “Agreement”), that govern your use of services or features on the website(s) owned or controlled by BALVICHI, LLC (“Company” or “We” or “Us”), including balvichibeauty.com and your purchase of any products. These General Terms of Sale (hereinafter “General Terms of Sale”) apply, unconditionally and unreservedly to all sales entered into by BALVICH LLC, (the “Vendor”), to consumers and non-professional buyers, the (“Customers or Customer”), wishing to purchase the products offered for sale by the Vendor, the (“Products”) on the balvichi.com website. You may be accessing the Website from a computer or mobile phone device (through an iPhone or Android mobile application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. You access the Website at your own risk. You are solely responsible for your compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside are not permitted to use the Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY AND ALL OTHER GUIDELINES AND RULES. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE  DISCONTINUE USE OF THE WEBSITE.

ARTICLE 2 –  INTELLECTUAL PROPERTY RIGHTS

The contents of balvichibeauty.com, such as, for example, works, images, photographs, dialogs, music, sounds and videos, documents, drawings, figures, logos and other materials, regardless of their form, published on balvichibeauty.com, including menus, web pages, graphics, colors, screens, instruments, the characters and design of the website, diagrams, layouts, methods, processes, functions and software which comprise balvichi.com, are protected by copyright and by all other intellectual property rights of The Company. Reproduction, in full or in part, in any form, of balvichi.com or its contents, is subject to Balvichi’s prior, express, written agreement.

The Company has the exclusive right to permit or prohibit the direct or indirect, temporary or permanent reproduction, in full or in part, in any way or form, of balvichi.com and its contents. As regards the use of balvichibeauty.com, you are permitted only to display the website and its contents. Such operations of reproduction must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of the Company. Moreover, you are not, under any circumstances, permitted to use, in any way or form, the contents of the website or each work protected by copyright or any other intellectual property right. Thus, for example, you may not alter or modify the contents of the website or the protected works without  the Company’s prior consent.

The Company cannot guarantee its users that the website will operate continuously, without interruption, and without errors or malfunctions due to the Internet connection. For any problem experienced when using our website, contact the Client Service or the following email address: contact@balvichi.com

The Company may invite you to submit Product reviews, chat or participate in blogs, and/or other interactions within the Website and other users, which may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). By posting contributions to any part of the Website, you automatically grant, represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sublicenses of the foregoing. This means, any contributions you transmit to the company will be treated as non-confidential and non-proprietary and may be freely shared with third-parties. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. The Company does not assert any ownership over your contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations, or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

 ARTICLE 3- THE PRODUCTS OFFERED FOR SALE

All material and information presented by the Company is intended to be used for personal or informational purposes only. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. 

All Products should be used strictly in accordance with their instructions, precautions and guidelines. Hence, the Products are not intended to be used on minors without the minor’s parent or legal guardian and/or prior discussion with the minor’s physician. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. 

ARTICLE 4 – THIRD PARTY CONTENT AND THIRD PARTY SITES

We may interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube (“Third Party Sites”). Company does not control those Third Party Sites. References on our Website to Third Party Sites, marks, names, products, or services, or link to Third Party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products or services.

Company does not monitor, approve or control any Third Party information that it links to (“Third Party Content”) or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party.  Use Third Party Content and Third Party Sites at your own risk. You should always check the terms of use and privacy policies posted on Third Party Sites. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. Third Party Content, including comments from third party users submitted to the Company, do not reflect the views of the Company.

The Company reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to the Website.

4.1 – The customers acceptance

By using the website, you warrant that:

-You are not a minor in the jurisdiction in which you reside; and

-Your use of the Website does not violate any applicable law or regulation.

– All information you submit is truthful and accurate;

-You will maintain the accuracy of account information that you provide to Us;

The Company reserves the right, but undertake no obligation, to remove or reclaim or change a username you select if we determine in our discretion that it is inappropriate, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

ARTICLE 5 -RESALE PROHIBITED

The Products available on the Website, including any samples the Company may provide, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from the Company. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of this Agreement, as determined by the Company in its sole discretion.

5.1 – No guarantee of color

While the Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

ARTICLE 6 -RESERVATION OF RIGHTS

Company reserves the right, at any time, without notice and in its sole discretion, but undertakes no obligation, to terminate your license to use the Website and to block or prevent your future access to and use of the Website.

Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company (and its employees), its users and the public.

6.1 – We reserve the right too:

-Monitor the website for violations of these Terms of Use and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

-Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or ay portion thereof that may violate this Agreement or any Company policy;

-Remove from the Website or otherwise disable all files and content that are excessive in a size or are in any way burdensome to Company’s systems;

-Limit the volume of products available for purchase;

-Manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website; and

-Disable the account of any user and/or make the Website inaccessible to any user who violates these Terms & Conditions.

Company reserves the right, but undertakes no obligation, to take any of the actions listed above with no notice and liability to you.

ARTICLE 7 – INDEMNITY 

You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Website, the Products, or any violation of these Terms of Use, as applicable. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from our own negligent conduct.

ARTICLE 8 – BINDING ARBITRATION

Any controversy or claim arising out of your use of the Balvichi Beauty website, these General Terms and Conditions of Sale, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Vendor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Vendor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.The arbitration of disputes pursuant to this paragraph shall be in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. You may not bring any claim as a private attorney general on behalf of other similarly situated persons. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal. Do not use this site if you do not agree to the foregoing binding arbitration provisions.

8. 1 DISCLAIMER OF WARRANTY

COMPANY IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY OPERATING THE WEBSITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT AVAILABLE ON OR LINKED TO BY THE WEBSITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY OTHER CONTENT TO BE ACCURATE, USEFUL, NON-HARMFUL, ERROR OR MALWARE-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT THE WEBSITE AND PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

 8.2 Disclaimer of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT AND LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE PRODUCTS AND THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED US $50. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

 ARTICLE 9 -SEVERABILITY

If any provision of these Terms &  Conditions is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.

ARTICLE 10- TERMINATION

We do not undertake any obligation to provide the Website or the products to you. We can reduce, change and stop the Website and the availability of the products in any way and entirely at any time. Any suspension or termination of your access to the Website or this agreement shall not affect provisions of these Terms and Conditions, such as indemnification, disclaimer of warranty, and disclaimer of liability, that are by their nature intended to survive such suspension, cancellation and/or termination.