Terms of Service

Effective Date: January 1, 2024
Last Revised: July 19, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "customer") and KXNG Cosmetics, a brand operated by Blackcrest Holdings, LLC, a limited liability company organized under the laws of the State of Georgia ("KXNG Cosmetics," "we," "us," or "our"). These Terms govern your access to and use of https://www.kxngcosmetics.com (the "Website") and the purchase of any products offered through the Website.

By accessing the Website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Notice, Return Policy, Shipping Policy, and Website Disclaimer. If you do not agree to these Terms, you may not access the Website or purchase products from KXNG Cosmetics.

1. Eligibility

The Website is intended for use by individuals who are at least eighteen (18) years of age and who are legally capable of entering into binding contracts under applicable law. By accessing the Website or placing an order, you represent and warrant that you meet these requirements. We do not knowingly sell products to or collect personal information from individuals under the age of eighteen (18).

2. Account Registration

2.1 Account Creation. You may create an account on the Website to facilitate purchases and track orders. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

2.2 Accurate Information. You agree to provide accurate, current, and complete information when creating an account or placing an order, and to update such information as necessary to keep it accurate.

2.3 Account Security. You agree to notify us immediately at info@kxngcosmetics.com if you become aware of any unauthorized access to or use of your account. KXNG Cosmetics is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

2.4 Suspension and Termination. We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abusive conduct toward our staff.

3. Products and Pricing

3.1 Product Information. We make reasonable efforts to display accurate product descriptions, images, ingredient lists, and pricing on the Website. However, we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, current, or error-free. Colors and textures displayed on the Website may vary depending on your monitor or device settings.

3.2 Pricing. All prices are listed in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes or shipping charges, which are calculated at checkout.

3.3 Pricing Errors. In the event of a pricing error, we reserve the right to cancel any order placed at an incorrect price. If your order is cancelled due to a pricing error, we will issue a full refund to your original payment method and notify you by email.

4. Orders and Payment

4.1 Order Acceptance. Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by KXNG Cosmetics. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, suspected fraud, errors in product or pricing information, or violations of these Terms. Acceptance of your order occurs when we send you a shipping confirmation email.

4.2 Payment. Payment is due at the time of order placement. We accept credit cards, debit cards, and other payment methods made available at checkout. All payments are processed securely through our third-party payment processor, Shopify Payments (operated by Stripe). We do not receive, store, or have access to your full payment card number.

4.3 Order Cancellation. You may cancel an order within one (1) hour of placement by emailing info@kxngcosmetics.com with your order number. Orders placed before 12:00 PM Eastern Time are shipped the same business day. Orders placed after 12:00 PM Eastern Time are shipped the next business day. Once an order has been fulfilled and transferred to the shipping carrier, it cannot be cancelled and must be processed as a return under our Return Policy.

5. Shipping and Delivery

Shipping and delivery of products are governed by our Shipping Policy, which is incorporated into these Terms by reference and available at [INSERT SHIPPING POLICY URL]. Key terms include:

(i) We ship only within the United States, including P.O. Boxes, APO, FPO, and DPO military addresses.

(ii) Orders totaling eighty-five dollars ($85.00) or more before tax qualify for free standard shipping via USPS Ground Delivery. Free shipping cannot be combined with coupon codes or other promotional discounts.

(iii) Estimated delivery times are provided by the carrier and are not guaranteed by KXNG Cosmetics.

(iv) Risk of loss and title for products pass to you upon delivery of the product to the shipping carrier.

In the event of a conflict between these Terms and the Shipping Policy, these Terms shall control.

6. Returns and Refunds

Returns and refunds are governed by our Return Policy, which is incorporated into these Terms by reference and available at [INSERT RETURN POLICY URL]. Key terms include:

(i) Items must be postmarked within thirty (30) calendar days of the delivery date confirmed by the shipping carrier.

(ii) Items must be new, unused, unopened, and in their original sealed packaging.

(iii) Opened or used body butter and beard butter products cannot be returned for hygiene and safety reasons.

(iv) We do not offer exchanges unless otherwise approved in advance.

(v) Approved returns are refunded to the original payment method or issued as account credit at our discretion.

(vi) Orders placed through Amazon are governed by Amazon's return policies and must be initiated through Amazon's platform.

In the event of a conflict between these Terms and the Return Policy, these Terms shall control.

7. Promotions, Discounts, and Coupon Codes

7.1 General Terms. KXNG Cosmetics may offer promotional discounts, coupon codes, or other special offers from time to time. All promotions are subject to the specific terms and conditions stated at the time of the offer and may be modified or discontinued at any time without notice.

7.2 Stacking Restrictions. Unless expressly stated otherwise, only one coupon code or promotional discount may be applied per order. Coupon codes and promotional discounts cannot be combined with free shipping offers or other promotions.

7.3 Abuse. We reserve the right to cancel orders, revoke discounts, or suspend accounts if we determine in our sole discretion that a promotion is being used fraudulently or in a manner inconsistent with its intended purpose.

8. User Conduct

By accessing the Website, you agree not to: (i) use the Website for any unlawful purpose or in violation of any applicable local, state, federal, or international law; (ii) submit false, misleading, or fraudulent orders or account information; (iii) impersonate any person or entity or misrepresent your affiliation with any person or entity; (iv) interfere with or disrupt the operation, security, or performance of the Website or its servers; (v) use any automated means, including bots, scrapers, or spiders, to access, monitor, copy, or collect content from the Website; (vi) attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website; (vii) reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Website or its content without our prior written consent; or (viii) harass, abuse, threaten, or direct offensive language toward KXNG Cosmetics staff in any communication.

9. Intellectual Property

All content on the Website, including but not limited to the KXNG Cosmetics brand name, logos, product names, product images, text, graphics, designs, page layouts, and software, is the property of Blackcrest Holdings, LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. No content from the Website may be copied, reproduced, distributed, republished, displayed, posted, transmitted, or used in any form without the prior written consent of Blackcrest Holdings, LLC. Unauthorized use of any content may violate copyright, trademark, and other applicable laws and could result in legal action.

10. Electronic Communications Consent

By creating an account, placing an order, subscribing to our email list, opting in to SMS messages, or contacting us through the Website, you consent to receive electronic communications from KXNG Cosmetics, including but not limited to: (i) order confirmations, shipping notifications, and delivery updates; (ii) account-related notices; (iii) marketing and promotional emails, where you have opted in; (iv) SMS marketing messages, where you have opted in; and (v) notices regarding changes to these Terms or our policies.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent is provided in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

You may withdraw your consent to marketing communications at any time by following the opt-out instructions in our Privacy Notice. Withdrawal of marketing consent does not affect our ability to send you transactional or account-related communications.

11. FDA Disclaimer

The statements made on this Website and on product labels have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Our products are cosmetics intended for external use as described on their labels.

12. Disclaimer of Warranties

ALL PRODUCTS AND ALL INFORMATION PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KXNG COSMETICS AND BLACKCREST HOLDINGS, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (i) IMPLIED WARRANTIES OF MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) NON-INFRINGEMENT; AND (iv) ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KXNG COSMETICS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KXNG COSMETICS DOES NOT WARRANT THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KXNG COSMETICS, BLACKCREST HOLDINGS, LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: (i) LOSS OF PROFITS, REVENUE, OR DATA; (ii) PERSONAL INJURY OR PROPERTY DAMAGE; (iii) ALLERGIC REACTIONS, SKIN IRRITATION, OR OTHER ADVERSE EFFECTS RESULTING FROM PRODUCT USE; OR (iv) ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF KXNG COSMETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF KXNG COSMETICS AND BLACKCREST HOLDINGS, LLC FOR ALL CLAIMS ARISING FROM OR RELATED TO ANY PRODUCT OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT YOU ACTUALLY PAID TO KXNG COSMETICS FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Assumption of Risk and Indemnification

14.1 Assumption of Risk. You acknowledge that the use of skincare and cosmetic products carries inherent risks, including the possibility of allergic reactions, skin irritation, or other adverse effects. By purchasing or using any KXNG Cosmetics product, you voluntarily assume all risks associated with such use.

14.2 Indemnification. You agree to indemnify, defend, and hold harmless KXNG Cosmetics, Blackcrest Holdings, LLC, and their respective officers, directors, members, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use or misuse of any KXNG Cosmetics product; (ii) your violation of these Terms or any applicable law; (iii) your use of the Website; (iv) your violation of the rights of any third party; or (v) any claim by a third party related to your use of a product, including but not limited to claims of personal injury, property damage, or allergic reaction.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact us at info@kxngcosmetics.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you by email. If a dispute is not resolved within thirty (30) calendar days of submission, either party may proceed to binding arbitration as set forth below.

15.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any KXNG Cosmetics product that cannot be resolved informally shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator and shall take place in the State of Georgia or, at your election, may be conducted remotely by videoconference or telephone. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver. YOU AND KXNG COSMETICS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST KXNG COSMETICS OR BLACKCREST HOLDINGS, LLC. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall proceed in a court of competent jurisdiction in the State of Georgia.

15.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.5 Arbitration Fees. Payment of arbitration fees shall be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that your claim was frivolous or brought in bad faith, you agree to reimburse KXNG Cosmetics for all fees and costs incurred in the arbitration.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. To the extent any dispute is not subject to arbitration under Section 15, you agree that such dispute shall be resolved exclusively in the state or federal courts located in the State of Georgia, and you consent to the personal jurisdiction and venue of such courts.

17. Force Majeure

KXNG Cosmetics shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: (i) natural disasters, epidemics, or pandemics; (ii) acts of war, terrorism, or civil unrest; (iii) government actions, orders, or restrictions; (iv) labor disputes or shortages; (v) supply chain disruptions or raw material shortages; (vi) shipping carrier failures or delays; (vii) power outages or telecommunications failures; or (viii) cyberattacks or system failures. In such events, our obligations under these Terms will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume performance as soon as practicable.

18. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

19. Waiver

The failure of KXNG Cosmetics to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term or condition of these Terms shall be effective only if made in writing and signed by an authorized representative of KXNG Cosmetics. No waiver of any term shall be deemed a continuing or further waiver of such term or any other term.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without the prior written consent of KXNG Cosmetics. KXNG Cosmetics may assign these Terms or any rights or obligations under these Terms at any time without notice or consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

21. Entire Agreement

These Terms, together with the Privacy Notice, Return Policy, Shipping Policy, and Website Disclaimer (each as updated from time to time and incorporated herein by reference), constitute the entire agreement between you and KXNG Cosmetics with respect to your use of the Website and the purchase of products. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and KXNG Cosmetics regarding the subject matter hereof.

In the event of a conflict between these Terms and any other policy incorporated by reference, these Terms shall control.

22. Incorporated Policies

The following policies are incorporated into these Terms by reference and form part of your agreement with KXNG Cosmetics:

(i) Privacy Notice — [INSERT PRIVACY NOTICE URL]
(ii) Return Policy — [INSERT RETURN POLICY URL]
(iii) Shipping Policy — [INSERT SHIPPING POLICY URL]
(iv) Website Disclaimer — [INSERT WEBSITE DISCLAIMER URL]

23. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will update the "Last Revised" date at the top of this page. Your continued use of the Website or purchase of products after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

24. Contact Us

For questions or concerns about these Terms, contact us at:

KXNG Cosmetics
Operated by Blackcrest Holdings, LLC
Email: info@kxngcosmetics.com
PO Box 153, McDonough, GA 30253