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Marketplace Seller Agreement

This Marketplace Seller Agreement (“Agreement”) governs participation by sellers (“Seller,” “you,” or “your”) in the Marba Beauty Marketplace, operated by Marba Beauty LLC (“Marba Beauty,” “Company,” “we,” or “us”).

By registering as a seller or listing products on MarbaBeauty.com, you agree to be bound by this Agreement.

1. Marketplace Overview

The Marba Beauty Marketplace is an online platform that connects beauty brands, manufacturers, and authorized distributors with licensed beauty professionals and salons.

Marba Beauty provides the technology platform and related services that allow sellers to list and sell products to customers.

Unless otherwise specified, Marba Beauty acts solely as a marketplace facilitator and is not the manufacturer, distributor, or owner of the products listed by sellers.

2. Seller Eligibility

To sell products on the Marba Beauty Marketplace, Seller must:

  • be a legitimate brand owner, manufacturer, or authorized distributor

  • have the legal right to sell the products listed

  • comply with all applicable laws and regulations

  • provide accurate business registration and contact information

Marba Beauty reserves the right to approve, reject, or remove sellers at its sole discretion.

3. Product Listings

Seller is responsible for all product listings submitted to the Marketplace.

Seller agrees that all listings will:

  • accurately describe the product

  • include truthful pricing and product details

  • comply with applicable laws and safety regulations

  • not infringe intellectual property rights

  • not contain misleading or deceptive information

Seller is responsible for ensuring all product claims comply with applicable FDA, FTC, and consumer protection regulations where applicable.

4. Product Authenticity

Seller represents and warrants that all products sold through the Marketplace:

  • are authentic

  • are new and unused unless clearly stated otherwise

  • are obtained through lawful distribution channels

  • comply with applicable health and safety standards

The sale of counterfeit, diverted, or unauthorized products is strictly prohibited.

Marba Beauty reserves the right to remove listings and terminate sellers suspected of selling counterfeit or diverted products.

5. Pricing and Fees

Seller determines the retail price of products listed on the Marketplace unless otherwise agreed.

Marba Beauty may charge the following fees:

  • marketplace commission on each sale

  • platform subscription fees

  • payment processing fees

  • promotional or advertising fees

Applicable fees will be communicated through the Marketplace seller dashboard or a separate fee schedule.

6. Order Fulfillment and Shipping

Seller is responsible for fulfilling orders placed through the Marketplace.

Seller agrees to:

  • ship products promptly

  • provide accurate tracking information

  • ensure proper packaging

  • comply with shipping regulations

Seller is responsible for any delays, shipping errors, or delivery issues related to fulfillment.

7. Returns and Customer Service

Seller must comply with the Marba Beauty Marketplace Returns Policy.

Seller agrees to:

  • respond promptly to customer inquiries

  • process returns or refunds in accordance with marketplace policies

  • resolve customer disputes in good faith

Marba Beauty reserves the right to issue refunds to customers and deduct such refunds from Seller payments when necessary.

8. Seller Payments

Marba Beauty will process payments from customers and remit applicable amounts to Seller after deducting:

  • marketplace commissions

  • applicable fees

  • refunds or chargebacks

Payment schedules and processing terms will be provided through the seller account dashboard.

9. Compliance with Laws

Seller agrees to comply with all applicable laws and regulations including those related to:

  • product safety

  • consumer protection

  • labeling requirements

  • intellectual property rights

  • privacy and data protection

  • advertising and marketing

Seller is responsible for ensuring that products comply with all regulatory requirements.

10. Intellectual Property

Seller retains ownership of its trademarks, product names, and branding.

Seller grants Marba Beauty a non-exclusive, royalty-free license to use Seller trademarks, product images, and descriptions for purposes of:

  • listing products on the Marketplace

  • marketing and promoting Marketplace products

  • operating the platform

Seller represents that it owns or has rights to all intellectual property provided.

11. Product Liability

Seller is solely responsible for the safety, quality, and compliance of the products it sells.

Seller agrees to indemnify and hold harmless Marba Beauty from any claims arising from:

  • defective products

  • product safety issues

  • misleading product claims

  • regulatory violations

Seller shall maintain appropriate product liability insurance where required by law or requested by Marba Beauty.

12. Prohibited Conduct

Seller may not:

  • sell counterfeit or diverted products

  • manipulate reviews or ratings

  • misrepresent product availability

  • engage in fraudulent or deceptive practices

  • attempt to circumvent the marketplace payment system

Violation of these rules may result in immediate suspension or termination of the seller account.

13. Suspension and Termination

Marba Beauty may suspend or terminate Seller accounts at any time if Seller:

  • violates this Agreement

  • sells counterfeit or unsafe products

  • fails to fulfill orders properly

  • damages the reputation of the Marketplace

Seller may terminate participation by providing written notice.

Termination does not affect outstanding orders or payment obligations.

14. Limitation of Liability

To the fullest extent permitted by law, Marba Beauty shall not be liable for:

  • lost profits

  • indirect damages

  • business interruption

  • damages arising from Seller products or services

Marba Beauty’s total liability shall not exceed the amount of fees paid by Seller to Marba Beauty during the preceding twelve months.

15. Governing Law

This Agreement shall be governed by thelaws of the State of California, without regard to conflict of law rules.

16. Dispute Resolution

Any dispute arising from this Agreement shall be brought exclusively in state or federal courts located in California.

Each party consents to the jurisdiction of such courts and waives objections based on venue or inconvenient forum.

17. Independent Contractors

Seller and Marba Beauty are independent contractors.

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

18. Entire Agreement

This Agreement, together with the Marba Beauty Terms of Use and Marketplace Policies, constitutes the entire agreement between the parties regarding Marketplace participation.

Any conflicting seller terms shall have no effect unless expressly accepted in writing by Marba Beauty.

Contact

Questions regarding this Agreement may be directed to:

Marba Beauty LLC
CustomerService@marbabeauty.com

Login / Register Terms

This Professional Wholesale Purchase Agreement (“Agreement”)governs purchases of professional beauty products through Marba Beauty LLC (“Marba Beauty,” “Company,” “we,” or “us”)by licensed beauty professionals, salons, spas, and other approved professional purchasers (“Customer”).

By creating an account or placing an order with Marba Beauty, Customer agrees to the terms of this Agreement.

1. Professional Use Only

Products sold through Marba Beauty are professional-use productsintended for licensed beauty professionals and authorized businesses.

Customer represents and warrants that:

  • Customer is a licensed cosmetologist, esthetician, barber, salon, spa, or beauty business, or an authorized purchaser acting on behalf of such business.

  • Customer will use products solely for professional use or professional retail within their licensed business.

Marba Beauty reserves the right to request proof of professional license or business registration at any time.

Failure to provide verification may result in account suspension or termination.

2. Account Registration and Verification

To purchase professional products, Customer must create a verified account.

Customer agrees to:

  • Provide accurate business information

  • Provide valid professional license information where applicable

  • Keep account credentials confidential

  • Update account information if business details change

Marba Beauty reserves the right to approve, deny, or revoke professional accounts at its sole discretion.

3. Authorized Distribution

Products purchased through Marba Beauty may only be sold or used through authorized professional channels.

Customer agrees that products purchased from Marba Beauty willnot be:

  • sold through unauthorized online marketplaces

  • sold through third-party e-commerce platforms without authorization

  • exported outside the United States without written consent

  • diverted to non-professional retail channels

  • sold to resellers, brokers, or product diverters

Unauthorized distribution may damage brand reputation and professional exclusivity.

Marba Beauty reserves the right to:

  • refuse orders

  • restrict quantities

  • terminate accounts

  • pursue legal remedies

if diversion or unauthorized resale is suspected.

4. Pricing

Wholesale pricing is determined by current price lists or marketplace listingsat the time of purchase.

Prices may vary based on:

  • geographic region

  • professional tier

  • promotional offers

  • marketplace seller policies

Marba Beauty reserves the right to change prices at any time without prior notice.

5. Orders and Acceptance

Orders placed by Customer are subject to acceptance by Marba Beauty.

Marba Beauty reserves the right to:

  • limit quantities

  • cancel orders

  • refuse transactions

  • request verification of professional status

Order confirmations do not constitute final acceptance until products are shipped.

6. Payment Terms

Accepted payment methods include:

  • major credit cards

  • debit cards

  • PayPal

  • AfterPay or other approved payment providers

Payment is due at the time of purchase unless otherwise agreed in writing.

Marba Beauty may suspend accounts for nonpayment or payment disputes.

7. Shipping and Risk of Loss

For products sold directly by Marba Beauty:

  • title and risk of loss transfer to Customer upon delivery to the shipping carrier.

For products sold by third-party sellers on the Marba Beauty marketplace, risk of loss transfers according to the seller’s shipping policy.

Customers are responsible for filing claims with carriers for shipping damage when applicable.

8. Returns and Product Claims

Returns and product claims are governed by the Marba Beauty Returns and Warranty Policy.

Shortage claims must be reported within five (5) days of invoice date.

Claims may be denied if not submitted within this period.

9. Product Use

Professional products should be used in accordance with manufacturer instructions and applicable safety regulations.

Marba Beauty is not responsible for:

  • improper product use

  • misuse of professional treatments

  • failure to follow manufacturer instructions

Customers should reviewingredients, safety warnings, and product instructions before use.

10. Intellectual Property

All trademarks, brand names, product images, and marketing materials associated with Marba Beauty or its partner brands remain the property of their respective owners.

Customer may not:

  • copy marketing materials

  • use brand trademarks without permission

  • misrepresent affiliation with brands

without prior written authorization.

11. Limitation of Liability

To the maximum extent permitted by law, Marba Beauty shall not be liable for:

  • indirect damages

  • lost profits

  • business interruption

  • consequential damages

arising from the purchase or use of products.

Total liability shall not exceed the amount paid by Customer for the product giving rise to the claim.

12. Indemnification

Customer agrees to indemnify and hold harmless Marba Beauty from claims arising from:

  • Customer’s misuse of products

  • unauthorized resale

  • violation of this Agreement

  • violation of laws or third-party rights

13. Termination

Marba Beauty may suspend or terminate Customer accounts at any time if:

  • Customer violates this Agreement

  • Customer engages in product diversion

  • Customer provides false licensing information

  • Customer fails to comply with payment obligations

Termination does not affect existing orders or outstanding balances.

14. Governing Law

This Agreement shall be governed by the laws of the State of California, without regard to conflict of law rules.

15. Dispute Resolution

Any dispute arising under this Agreement shall be brought exclusively in thestate or federal courts located in California.

Each party consents to the jurisdiction of such courts and waives any objection based on venue or inconvenient forum.

16. Entire Agreement

This Agreement, together with Marba Beauty policies and applicable order terms, constitutes theentire agreement between the parties regarding professional purchases.

Any conflicting terms in Customer purchase orders or forms shall have no effect unless accepted in writing by Marba Beauty.

17. Contact

Questions regarding this Agreement may be directed to:

Marba Beauty LLC
CustomerService@marbabeauty.com

Accessibility Statement

Marba Beauty is committed to providing access to its website and digital services for all users, including individuals with disabilities. Marba Beauty seeks to maintain its digital content and functionality in a manner consistent with generally recognized accessibility principles.

Marba Beauty endeavors to align its website and online services with the Web Content Accessibility Guidelines (WCAG) 2.1 Levels A and AA and the EN 301 549 European accessibility standards, and to comply with applicable accessibility laws and regulations, including the Americans with Disabilities Act (ADA), the European Union Web & Mobile Accessibility Directive, Article 47 of French Law No. 2005-102, the Accessibility for Ontarians with Disabilities Act, and other applicable requirements.

Accessibility is an ongoing process. Marba Beauty periodically reviews its website and online services and takes reasonable steps to address accessibility issues as they are identified. While Marba Beauty does not control third-party websites or content, it encourages third-party providers to offer accessible digital experiences.

Contact

If you encounter difficulty accessing any part of our website or have accessibility-related feedback, please contact CustomerService@marbabeauty.com with “Disabled Access” in the subject line. Marba Beauty reviews accessibility feedback in the ordinary course of its accessibility efforts.

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