Terms of Use

Terms of Use

Effective Date: These Terms of Use were last revised on September 1, 2022

These terms of use (“Terms of Use”) apply to your use of all websites (“Sites”) owned or operated by Beauty by Biba and it subsidiaries and affiliates, also operating as Beauty by Biba (“Beauty by Biba”). By using the Sites you agree to be bound by and are bound by the current version of these Terms of Use. Beauty by Biba may revise or delete any portion of these Terms of Use at any time with or without notice and your continued use of the Sites constitutes your agreement to the then-current Terms of Use. The Sites may contain links to other websites, including payment processing websites. Beauty by Biba does not endorse and is not responsible for such other websites and you are responsible for reviewing and complying with such other websites’ terms of use and privacy policies. For information regarding Beauty by Biba’s privacy practices, please see Beauty by Biba Privacy Policy. THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND BEAUTY BY BIBA. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. Acceptable Use The Sites are only intended for your personal use. It is a violation of these Terms of Use for you to, and you agree not to, use the Sites for illegal purposes; copy, sell, resell, or exploit for commercial purposes any portion of the Sites; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Sites; use or attempt to use any device or mechanism to navigate or search the Sites to collect information from the Sites to be used for any commercial purpose; interfere or attempt to interfere with the proper working of one or more of the Sites; reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of the Sites; use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an Account (defined below); use any Site in a manner that is distasteful, offensive or controversial, tortious, or abusive; and/or assist or permit any persons in engaging in any of the activities described above. Registered User Accounts, Passwords, and Security Portions of the Sites may require that you register an account with Beauty by Biba (“Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Beauty by Biba of any unauthorized use of your password or any other breach of security about which you may be aware Products and Pricing All descriptions of products and product pricing on any Site are subject to change at any time without notice and at the sole discretion of Beauty by Biba. The technology you are using to view the Sites may impact the accuracy of the display of any images of products offered on a Site. Beauty by Biba does not warrant that the description of any product on any site or any other content of any Site is accurate, complete, reliable, current, or error-free. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you. even after your receipt of order confirmation or shipping notice. Unless expressly stated otherwise in writing, any sale of any product on any Site is intended for end-user customers only and the resale or export of any such product is prohibited. Price Matching Pricing for Beauty by Biba products described or advertised on other sites and retail stores may differ from prices on our site. Beauty by Biba does not match prices. Transactions We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We reserve the right to refuse any sale at any time. Intellectual Property The Sites, all content on the Sites (except the Beauty by Biba Trademarks, defined below) are the property of Beauty by Biba or its licensors (“Beauty by Biba Property”). Beauty by Biba gives you a limited, nonexclusive, revocable, non- assignable, non-sublicensable, non-transferrable, license to use the Beauty by Biba Property for your own personal use. Any other use of the Beauty by Biba property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Beauty by Biba Property for any purposes. All trademarks, logos, service marks and trade names of Beauty by Biba are the property of Beauty by Biba (“Beauty by Biba Trademarks”). Any use of the Beauty by Biba Trademarks without Beauty by Biba’ pre-approval in writing is prohibited. If the functionality is available on a Site, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms and Conditions and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant Beauty by Biba a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media. Notice of Copyright Infringement If you believe that any of your work has been copied and is accessible on any Site in a manner that constitutes copyright infringement, please provide Beauty by Biba’ copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by electronic mail to hello@beautybybiba.com Limitation of Liability IN NO EVENT WILL BEAUTY BY BIBA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, YOUR USE OF THE SITES, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY PRODUCT PURCHASED ON THE SITES, EVEN IF BEAUTY BY BIBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT WILL BEAUTY BY BIBA’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS EXCEED FIFTY DOLLARS ($50.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BEAUTY BY BIBA’ LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Disclaimer of Warranties THE SITES ARE PROVIDED AS-IS. BEAUTY BY BIBA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITES OR ANY PORTION OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAUTY BY BIBA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Indemnity You agree to indemnify Beauty by Biba and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of the Sites or your violation of any rights of any third party. Arbitration and Class Action Waiver Binding Individual Arbitration. If you and Beauty by Biba have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and Beauty by Biba agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Beauty by Biba will contribute to a portion of filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of Beauty by Biba last written settlement offer made before an arbitrator was selected (or if Beauty by Biba did not make a settlement offer before an arbitrator was selected), then Beauty by Biba will pay you the amount of the award or $500 U.S. Dollars, whichever is the lesser. You will be responsible for your your own attorney’s fees, and any other expenses you incur (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. Beauty by Biba waives any right to seek an award of Beauty by Biba’ attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and Beauty by Biba. Exclusions from Arbitration. YOU AND BEAUTY BY BIBA AGREE THAT ANY CLAIM FILED BY YOU OR BY BEAUTY BY BIBA IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF USE. Content Use Agreement You can provide your permission for Beauty by Biba to use your image, video or other content by replying to our Instagram or Twitter post with #BeautybyBiba. By providing your permission, you represent and warrant that you own the content and there are no other entities with ownership claims over it. You grant Beauty by Biba a non-exclusive and non-revocable commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your content may be used by Beauty by Biba either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Beauty by Biba will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work. Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Content Use Agreement shall remain in full force and effect. This Content Use Agreement shall be governed by the laws of the state of New Jersey. Thanks again and please email us at hello@beautybybiba.com if you have any questions. Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH BEAUTY BY BIBA, YOU MUST SEND NOTICE VIA EMAIL TO: hello@beautybybiba.com TO GIVE YOU AND BEAUTY BY BIBA THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org. Termination Beauty by Biba may, in its sole discretion, terminate these Terms of Use, your access to the Sites, and/or your Account with or without notice and with or without cause. This Section, the Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnity, Arbitration and Class Action Waiver, and Miscellaneous Sections will survive any termination of these Terms of Use. Miscellaneous These Terms of Use are governed by and will be construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. These Terms of Use constitute the entire agreement between Beauty by Biba and you with respect to your use of the Sites. If any portion of these Terms of Use is held invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i) Beauty by Biba posting a revised version to the Sites, or (ii) in writing by an authorized Beauty by Biba representative. Beauty by Biba’ failure to enforce any portion of these Terms of Use will not in any way waive Beauty by Biba’ rights to subsequently enforce these Terms of Use. Notices / Contact Beauty by Biba Beauty by Biba may contact you by posting a message to the Sites or via any information you submit to Beauty by Biba in registering for your Account. Any notices sent to Beauty by Biba must be by email to hello@beautybybiba.com For any questions about the Sites, you may contact Beauty by Biba at hello@beautybybiba.com