Terms of Service | Cosmebatch

These Terms of Service apply to every sample order and OEM order placed with Cosmebatch, whether on this website or by email. Please read them before you pay.

1. Who we are

Cosmebatch (https://cosmebatch.com) is an OEM supplier: products are made to your specification at our partner factories. Contact: [email protected].

2. Who these terms are for

Our services are intended for businesses buying products to sell under their own brand. If you buy as a consumer, these terms apply only as far as the consumer protection laws of your country allow, and nothing in them limits rights you have under those laws.

3. Quotations and contracts

OEM unit prices shown on this website are starting prices; the sample fee is fixed. For OEM orders we send a quotation sheet that sets out the product, specification, quantity, unit price, payment terms, lead time and shipping method. Each quotation is valid for the period stated on it; after that we may update the price. For samples ordered on this website, the contract is formed when you pay. For OEM orders, a contract is formed when you confirm the quotation in writing (including by email or by email) and make the first payment. If the quotation and these terms differ, the quotation applies. If you change the specification, quantity or packaging after confirming a quotation, we may re-quote the price and lead time. We may decline any order, for example one that uses a third-party trademark, and we may cancel and refund any payment we reasonably suspect is unauthorised or fraudulent. If we find we cannot make a product to your specification, we may cancel the order and refund everything you paid for it in full.

4. Samples

The sample fee is US$20 per sample unless the product page shows a different price, and it includes international shipping to your delivery address. Samples are sent as small parcels by a carrier we choose for the destination. We do not ship to countries or regions under sanctions.
Sample making starts when we confirm your sample requirements in writing. We aim to dispatch samples within 7–15 business days after payment and that confirmation.
The sample fee is credited in full against your first OEM order (one carton or more) of any product, if the order is placed within 90 days of paying the sample fee.
The sample fee covers one sample made to your confirmed requirements. Each change you request after that (for example to the formula, colour, scent or packaging) is a new sample and is charged as such.
Your approved sample is the quality standard for the OEM order. Please check it carefully before you approve it.

5. OEM orders, production and payment

The deposit, balance and payment due dates for each OEM order are set out in its quotation sheet.
Production starts after we receive the payment stated in the quotation and you approve the final sample, artwork and packaging in writing.
Lead times are estimates and run from that point. Delays in your approvals, payments or supply of materials extend the lead time accordingly.
Delivered quantities may vary by up to ±5% of the ordered quantity because of normal production losses. The final invoice is based on the actual quantity shipped.
The balance must be paid before shipping. If it is not paid within 30 days after we tell you the goods are ready, we may cancel the order, keep the deposit and dispose of the goods.
Goods remain our property until paid for in full.
Prices are in US dollars unless the quotation says otherwise. Bank and payment-service charges on your side are paid by you.
If we refund a payment because you cancel, payment-processing and bank charges that we cannot recover are deducted from the refund. Refunds caused by our error are made in full.

6. Your brand, designs and responsibilities

You confirm that you own, or have permission to use, every name, logo, artwork, design and formula you send us, and that they do not infringe anyone else’s rights. You will cover any claims, costs or losses we suffer if they do.
You are responsible for the text, claims and ingredient listing on your labels and packaging, and for checking that they meet the rules of every country where you sell.
As the brand owner, you are responsible for placing the products on the market, including appointing a Responsible Person, product notification and safety assessment where required (for example in the UK and EU).

7. Intellectual property and confidentiality

Your brand name, logo, artwork and packaging designs remain yours. We will not use them for anyone else.
A formula you supply to us remains yours.
Any formula we develop for you, including under Formula Development, remains the property of Cosmebatch or our partner factory, and we may continue to use them. We do not sell your branded product to anyone else. If you wish to buy the rights to a formula, this can be agreed separately in writing.
We keep your designs and order details confidential and share them only with the partner factories and service providers needed to complete your order.

8. Cancellation

Samples: you may cancel and receive a refund before we start making the sample (see section 5 on payment charges). Once sample making has started, the sample fee is not refundable.
OEM orders before production: if you cancel after paying a deposit but before production starts, we refund the deposit minus costs already incurred for your order, such as packaging materials bought or printing plates made. We will show you these costs.
OEM orders after production starts: the order cannot be cancelled or changed, and the deposit is not refundable.

9. Shipping and delivery

We dispatch your order using the method agreed in your quotation and send you the tracking number by email. Freight for carton orders is charged by shipping weight as set out on our Shipping & Delivery page. Delivery times given by carriers are estimates.
Risk in the goods passes to you when we hand them to the carrier or to your freight forwarder. You may insure the goods yourself or through your forwarder.
Please check your delivery address and contact details. Costs caused by a wrong address, or by a parcel that is refused, unclaimed or held by customs, are paid by you and are not refunded.
Import duties, taxes and customs fees in your country are paid by you unless your quotation says otherwise.
Goods damaged in transit after we hand them to the carrier are covered by the carrier, not by us; we will help you file a claim with the carrier. This does not apply to damage caused by poor packing on our side, which we treat as our responsibility.
If the carrier confirms that a sample shipment is lost, we will send one replacement sample free of charge; if the replacement is also confirmed lost, we refund the sample fee. If the carrier confirms that an OEM order shipment is lost, we will help you file a claim with the carrier, and the outcome of that claim applies.
See our Shipping & Delivery page for details.

10. Returns, defects and refunds

Products are made to order and cannot be returned for change of mind. Claims for damage, missing items or quality problems must be made within 7 days of the goods arriving at the delivery address in your order (if you use your own freight forwarder, at your final destination). How claims and refunds are handled is set out in our Refund & Return Policy.

11. Payment disputes

If you have a problem with an order, please contact us first so we can resolve it. If a chargeback or payment dispute is opened for an order we delivered as agreed, we will provide the order records, approvals and tracking to the payment provider, we may pause your open orders until it is resolved, and you will reimburse the dispute fees charged to us.

12. Product use and liability

Products are made to your approved sample and specification. You are responsible for safety assessment, usage instructions and warnings for your market, and for advising end users to patch test where appropriate.
Our total liability for any order is limited to the amount you paid for that order.
We are not liable for indirect losses such as lost profits, lost business or marketplace penalties, or for problems caused by storage, handling or use after delivery.
Nothing in these terms excludes liability that cannot be excluded by law.

13. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, epidemics, government action, export or import restrictions, power or transport disruption, or carrier delays. We will tell you promptly and agree a new schedule with you.

14. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.

15. Acceptance and changes

By making a payment, including a sample fee or deposit, you confirm that you have read and agree to these terms. We may update these terms; the version published when you pay applies to your order.