Terms of Service

  1. Your order will be scheduled into production once confirmation of the Sales Order and required deposit are received. 
  2. Deposits are non-refundable under any circumstances.
  3. On receipt of non-refundable deposit, scheduling, component and raw material procurement and work on the labels begin (if 4everalive Labs is responsible for labels.)  If you are responsible for labels and/or containers, scheduling begins upon receipt of the non refundable deposit and receipt from you of labels and/or containers.
  4. When, in the opinion of 4everalive Labs, there is a period of shortage of supply of material for any reason, 4everalive Labs may allocate its available supply among any or all of its various customers upon such basis as it shall deem fair and practicable, with no liability on its part for failure to deliver the quantity or any portion of any order. 
  5. Shipping charges on sales orders are estimates only and subject to change.
  6. Private label products, whether customized, bulk, unlabelled packaged, or labelled packaged, are not returnable.
  7. The quantity of products shipped may be subject to up to a +/- 10% quantity variance from the order.
  8. SAMPLES:  We do not have small sample sizes of our stock products.  Our samples are packaged in full-sized containers to give you a chance to see the elegant stock packaging and label template. There is a charge of $6.50 per sample (plus shipping costs) which is fully refundable (not including the shipping charge) if you place your order within 60 days of your receipt of the samples.  Please note that samples are limited, and we reserve the right to limit the number of samples.
  9. CANCELLATIONS.  Cancellations, if allowed can only be done if we have not already started making your product or have not pre-ordered any required ingredients.  This also includes stock products.  Once production has begun, we cannot cancel, credit, or refund for any reason.
  10. Re-order minimum quantities are 250 units per item for stock formulations, in stock packaging only.  
  11. LABEL SET-UP BY 4EVERALIVE LABS.  Graphic services for label set up are available for a fee.  The fee includes text review for wording to comply with cosmetic labeling regulations.  Please note we do not represent any government authority (such as FDA or Health Canada).  We cannot guarantee acceptance of the label wording, and our review is made on a “best efforts” basis. In addition, we are not responsible for the content on your website or product description information.
  12. LABEL SET-UP BY YOU.  In the case where you are providing the label set-up and design, it must be in the proper format acceptable to our printer, otherwise additional graphic design charges will be incurred.  In addition, a text review of your label is required (for a fee).  The label text review is for wording to comply with cosmetic labeling regulations.  Please note we do not represent any government authority (such as FDA or Health Canada).  We cannot guarantee acceptance of the label wording, and our review is made on a “best efforts” basis. In addition, we are not responsible for the content on your website or product description information.
  13.   PRODUCTS LABELLED BY 4EVERALIVE LABS WITH LABEL PROVIDED BY YOU.  If you are providing 4everalive Labs with your printed labels, 4everalive Labs must review label text prior to printing (for a fee). Labels must meet the following requirements: 
  14. a) The labels must be supplied in the #4 rewind position on rolls with a 3″ core. This is a requirement for our labeling machine.
  15. b) The label must be in the size that we have agreed to and approved.  The size of the label must work on our labeling machine for that particular container.
  16. c) The labels must be of sufficient quality that they do not tear when they are used in our labeling machine. We have found that some labels (especially those printed in China) have a very thin backing making them unusable for our labeling machine.

 If conditions a, b, and c are not met, the labels may be rejected or there may be extra charges if we need to hand label.

  1. ADDITIONAL COSTS.  In the case where you are providing containers, labels, boxes, or other materials, you will be responsible for additional services/costs that are unknown at the time of deposit (for example customs, shipping and/or brokerage charges)
  2. BOXES.  Boxes provided by the client are required to have the text reviewed in advance of printing (for a fee). Clients are responsible to ensure that the box must fit the product. 
  3. CONTAINERS.  Clients who are supplying silkscreened or prelabeled containers, must submit text for review prior to printing (for a fee).
  4. Clients who are supplying blank containers are required to submit sample containers for review so we can determine the appropriate label size and product fill weight.
  5.   4everalive Labs is not responsible for the accuracy of the quantity of inventory of client-supplied boxes, containers, or labels.
  6. INGREDIENTS SUPPLIED BY YOU.  4everalive Labs is not responsible for the accuracy of the quantity of inventory of client-supplied ingredients.
  7. INGREDIENTS SUPPLIED BY YOU.  4everalive Labs is not responsible for fragrance or color changes to products which contain client supplied ingredients.  4everalive Labs is not responsible for the quality of client supplied ingredients.  4everalive Labs is not responsible for the cost relating to replacement of client supplied ingredients in the event of a batch failure.
  8. UNLABELLED PRODUCTS. In the case of unlabelled products, either bulk or packaged, a text review of your label is optional (for a fee). The label text review is for wording to comply with cosmetic labeling regulations.  Please note we do not represent any government authority (such as FDA or Health Canada).  We cannot guarantee acceptance of the label wording, and our review is made on a “best efforts” basis. In addition, we are not responsible for the content on your website or product description information.
  9. KEY INGREDIENT INFORMATION. Ingredient brochures and information are provided for your information only.  Even though the information in the ingredient brochures may be accurate, you cannot use all the phrases in the brochure word for word on your website or on your marketing materials since, from an FDA viewpoint, they may be considered as claims and take the product outside a cosmetic category.
  10. AMAZON RESELLERS.  For clients who wish to become resellers on Amazon.ca or Amazon.com we cannot guarantee that Amazon will accept the products into their Beauty Category.  Sometimes Amazon does not allow a product to sell in the Beauty Category even though it would be suitable according to FDA or Health Canada cosmetic regulations.  We are able to provide MSDS or SDS (Material Safety Data Sheet or Safety Data Sheet) or batch-specific Certificate of Analysis for products.  However, Amazon may request other documentation which we are not able to provide because they relate to criteria outside the Beauty Category.  In addition, we are not responsible for the content on your website or product description information provided to Amazon which may affect acceptance of your products into their Beauty Category.
  11. Risk of loss of Products sold by 4everalive Labs are transferred to you at 4everalive Labs shipping point.  4everalive Labs retains ownership of the Products until full payment thereof.
  12. It is your sole responsibility to ensure compliance with applicable laws, regulations and existing patents in the country where the Products are sold, and all necessary documentation for the country where the Products are sold are your sole responsibility.
  13. EUROPEAN REGISTRATION:  We are unable to provide documentation required for registering and selling our products in Europe.  In our experience, the documentation required in Europe is very extensive.
  14. Any claim based on an apparent defect of the Products must be recorded in writing by you on the delivery document of the carrier and reported in writing to 4everalive Labs within ten (10) days after delivery of the Products.  Any claim based on the Products or other non-apparent defects of the Products must be presented in writing by you to 4everalive Labs within ten (10) days after delivery of the Products.  If you fail to notify 4everalive Labs within the above period of time, the Products shall be deemed accepted by you.
  15. Our products contain many natural ingredients and there can be slight variations in color, viscosity and scent.  These natural variations are not defects and are not grounds for return or refund.
  16. In the event of defect of the Products, the sole obligation of 4everalive Labs will be the replacement of the defective Products or the reimbursement of their purchase price, at 4everalive Labs option.  However, 4everalive Labs is not responsible for any defect resulting from ingredients or containers which have been provided by you, such as bottles or pumps.
  17. Following delivery of the Products, you assume all responsibility arising from the handling, storage, transport, and use of the Products.
  18. In no event shall 4everalive Labs liability exceed the price paid for the Products that give rise to a claim.
  19. In no event shall 4everalive Labs be liable for any indirect, incidental, consequential or punitive damages or any loss of profit, loss of revenue, loss of reputation, loss of goodwill, loss of business opportunity, or other similar damages, sustained by you as a result of the non-compliance or defect of the Products, failure or delay in the delivery of the product, or any other reason whatsoever.
  20. No action or proceeding with respect to any claim arising out of products sold by 4everalive Labs may be initiated more than one year after the cause of action has arisen.

PAYMENT TERMS

  1. FIRST PAYMENT: 50% non-refundable deposit upon approval of sales order.
  2. SECOND PAYMENT:  Balance due before shipping, or within 15 days after order is completed and ready to ship.  
  3. When the shipment is ready, the entire shipment must be shipped to one or two locations.
  4. If after 15 days, you fail to pay the balance due, or if you delay the shipping date of the order, or any part of the order, your order may be subject to storage charges for the unshipped products.
  5. Subject to sections 36 and 37 above, in the case where the entire shipment is paid in full but cannot be shipped out in its entirety within 15 days, warehouse fees may apply for fulfillment services.
  6. If your order is held at our facility for more than 60 days due to lack or payment, or failure to provide proper shipping information, 4everalive Labs has the option to discard the products, and the non-refundable deposit is forfeited.
  7. Packaging containers and boxes provided by you will be stored for free for up to three months.  If there is no new order after three months, storage fees will apply.  Alternatively, if there is no new order after three months, 4everalive Labs has the option to discard containers and boxes, or return them back to you at your expense.  

WITH YOUR GOOD MARKETING EFFORTS AND OUR EXCELLENT PRODUCTS, WE LOOK FORWARD TO A PRODUCTIVE AND POSITIVE BUSINESS RELATIONSHIP.

LET’S MAKE MONEY!