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Terms & Conditions of Sale

 

1. INTRODUCTION

These Terms and Conditions ("Terms") constitute a legally binding agreement ("Agreement") between you and HB USA Holdings, Inc. When these Terms mention "Huda Beauty," "we," "us," or "our", it refers to the HB USA Holdings, Inc. (“HUDA BEAUTY”). If you use any of our services, we will refer to you by using the terms "user", "visitor", "you", "your", "yours" in these Terms.

This website is owned and run by HB USA Holdings, Inc. (“Us” or "We"). We are a corporation registered In Delaware under company numbers 6580651 (DE) and C4203244 (CA) and have our registered office at 1209 Orange St. Wilmington, DE 19801 USA. Our main trading and mailing address is 10000 Washington Blvd. Culver City, CA 90232 USA.

Please read through these Terms in conjunction with our Website Terms of Use, Privacy Notice and Cookie Notice prior to using this Website.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE OUR WEBSITE.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

2. PRIVACY NOTICE

Please review out Privacy Notice so that you understand our privacy practices.

By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

3. TERMS OF SALE

By placing an order, you are offering to purchase a product on and subject to the following Terms. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Website. If you are under 13 years old, you may browse our Website. However, you may not provide personal information to us, make a purchase on the Website nor register on the Website. This Website is not directed to children under 13 years old. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

Huda Beauty retains the right to refuse any request made by you and reserves the right to close your Huda Beauty online account at our sole discretion. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card, or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18s.

4. OUR CONTRACT AND HOW THE CONTRACT IS FORMED

This Website is operated by Huda Beauty. If you have any questions, whether about our products and services, this Website or otherwise, please contact our Customer Service team.

After placing an order, you will receive an email from Huda Beauty acknowledging that we have received your order (the “Order Confirmation”).

Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by Huda Beauty, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the 'Dispatch Confirmation'). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.

5. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Website, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

6. HUDA’S VIPS

Huda's VIPs is our Rewards Program. For your continued loyalty, we're giving you access to exclusive offers, unique rewards & other beauty benefits. You will need to create an account to be part of the program and start collecting points to use on future rewards, if you have an existing account, you will be auto enrolled into Huda's VIPs, just let us know if you would prefer us to un-enrol you.

There are currently 4 tiers as part of the Rewards Program:

  • Tier 1: HUSTLA
  • Tier 2: BOMBSHELL
  • Tier 3: LEGEND
  • Tier 4: ICON [To enter to win ICON tier signed merchandise where you are not automatically eligible by level of ‘spend’, please email sweepstakes@hudabeauty.com to request a one-time entry]

Your tier will be defined by the amount that you spend in a year. As you move up the VIP Tiers, you will be entitled to more exclusive benefits and offers. You can check out our Rewards Page for full info on what's included in each tier. You can view your current status, points balance, and how much you need to spend to reach the next tier within your Huda's VIPs account page. You can learn more about Huda’s VIPs HERE.

To un-enroll for any reason, please submit your request to our Customer Service team and within fourteen (14) business days, your Huda’s VIPs account will deactivated. Once your account is deactivated, any unused points will be forfeited, and may not be reinstated even if you re-activate your Huda’s VIPs account later. Please note that unenrolling in Huda’s VIPs only unsubscribes you from the loyalty program, however, may not automatically result in deletion of your other personal data elsewhere on our website (e.g., shipping and credit card information). Please see our Privacy Policy for more information, including how to request that your personal information be permanently deleted from our website.

7. EARNING POINTS

Earning points is easy! You will earn points every time you make a purchase (as long as you are logged in to your Huda's VIPs account). You can earn points for all products purchased on hudabeauty.com. This will exclude the purchase of gift cards, and you will not earn points against the cost of tax, duties and any shipping charges. To view how many points you will earn you can check out the Huda's VIPs Rewards page, or you will be able to view the available points next to each product on the product page. This shows the maximum number of points available for this product and before any coupon codes or discounts are applied. Huda's VIPs Rewards Program is exclusive to hudabeauty.com so you will not earn points for Huda Beauty products purchased from any other retailers. You can view the number of points that you can earn for each product on the product page itself.

Your points will be added to and appear on your account balance when your order is shipped. If a purchase is refunded for any reason, the associated reward points will be deducted from your point balance. This includes bonus points associated with the purchase. If we add points to your account manually, the points will contribute to your point balance but not contribute to your tier increment.

If you have enough points available to redeem a discount on your order, you will see the option to 'Redeem Your Points' at checkout. You must be logged into your Huda's VIPs account for this to be available. You can select the amount you would like to redeem from the dropdown on the checkout page. This will auto apply your Rewards Discount Code to your order, and you will see the discount being applied to your cart. If for any reason, you don't complete your order at this stage you will be able to view your Rewards Discount Code when logged in to your Huda's VIPs account and you can use this on your next order, just enter the code in the coupon code box at checkout. You can also earn bonus points from time to time. To keep up to date with any bonus points available and the rewards available, check out our rewards page. You may only use one code per order, so please only 'Redeem your points' in exchange for your code when you intend to make a purchase.

When you select 'Redeem your points' your points will be exchanged for a coupon code that can be entered at checkout to get your discount. All redemptions are final and non-reversible*. Again, you may only use one code per order, so please only redeem your points in exchange for your code when you intend to make a purchase. Within the Terms of each promotion you will be able to check whether Huda VIP's Rewards can be redeemed. [*If you do not proceed with your order, the promo code will be saved in your rewards history for future purchases, but it cannot be reversed back to points.]

You need at least 150 points in order to redeem points against an order. For example:

  • 150 points will get you $15* off your order
  • 300 points will get you $30* off your order
  • 450 points will get you $45* off your order

[*this amount will vary based on your local currency, your available discounts will be clearly visible at checkout and on the Rewards Page.]

Coupon codes may only be valid on certain products. They will not be valid on products which are already discounted as part of a sale or promotion, this includes items in the Sale Section, Gift Sets, Value Sets & Build Your Own Sets and some Website promotions. This may be the reason why your discount is not being applied. This does not apply to coupon codes issued for Huda's VIPs Rewards as these should be applicable even on sale items (subject to change). If your cart includes a regular priced product or is a Huda's VIPs Reward code and cannot be redeemed, please check the code has been entered correctly then send us a screenshot of the error you have received and details of your code so we can check this for you.

Wondering where you enter your coupon code? After adding your items to your basket, click the option VIEW CART. You can then insert your code on the field that says ADD A PROMO CODE. If you entered your email address to receive a 10% welcome code, it should have been automatically emailed to you. If not received; firstly, please ensure your email address was correct and check your spam or junk folder too. If still not received within 24 hours just let us know.

Your points will expire If your account is inactive for a year (that means, no purchases made in 365 days from the date of your Huda's VIPs account creation). However, your tier will not expire, once you reach a certain tier, your status will remain the same (subject to change). If a purchase is refunded for any reason, the associated reward points will be deducted from your point balance.

8. FREE GIFT PROMOTIONS

From time to time we may run promotions which offer a Free Gift when you make a purchase on the Website. Such promotional offers are typically for a limited time period and may be communicated via our subscription marketing emails, SMS and may be advertised directly on the Website. Any such promotion shall be subject to its own specific terms, but typically will include one or more of the following:

  • Offers are available whilst stocks last
  • Exclusions may apply
  • If the item you have paid for is eligible for return, and you wish to return it, any 'Free Gift Item' offered as part of the promotion must also be returned, or you may not be eligible for a refund
  • Coupon codes may not be eligible alongside 'Free Gift with Purchase' offers (this excludes codes issued in exchange for loyalty points, if your loyalty code does not work please let us know)
  • The 'Free Gift item' should be visible on your cart at checkout - if the item is not in your cart this item will not be included in your order. If it has not been added to your cart, or you are unable to add it for any reason the promotion may have ended, or stock may no longer be available. Please contact customer service for assistance in this case CONTACT US.

9. PRICING AND WEBSITE ERRORS

Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. When ordering products or services through the Website, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
  • all prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise;
  • packaging may vary from that shown on the Website;
  • the weights, dimensions and capacities shown on the Website are approximate only;
  • whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
  • all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

The prices on the Website include VAT but exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. The countries where tax would NOT BE added are mentioned on our FAQ page.

You may pay using Afterpay, ClearPay, PayPal Visa, Mastercard, Discover, and American Express and Huda Beauty store credit. Your credit/debit card payment will be made through a secure transaction. All payments are subject to authorisation by the card issuer. Card payments are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you or we will not be able to proceed with your order. Huda Beauty must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you.

If an item you purchased on the Website becomes available to purchase at a lower ‘sale’ price you will be entitled to a ‘price match’ if your order was placed within 3 days prior to the ‘sale’ price. The difference in value will be offered in the form of a Gift Certificate which may be used solely on hudabeauty.com. Alternatively, if the full price item you purchased is eligible for return you may return this item and can chose to repurchase the product at the lower sale price.

10. PAYMENT

The Website currently hosts USD, GBP, AED, AUD, CAD & EUR. If your local currency is not applied on your order, you will be charged in the default currency which is USD. The currency conversion will then be applied by your issuing bank. You can pay on the Website using credit or debit card, Afterpay /ClearPay (US, Australian, Canadian & UK customers only) or via PayPal if it is available in your region. If you select to pay with card, you can pay with Visa, Mastercard, Diners, Discover, Alipay, and American Express (available for USD only). Payment can also be made via Gift Certificate, however Gift Certificates are only issued for marketing purposes and cannot be purchased as yet. Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

Afterpay is a payment option which allows you to make purchases now and pay for them in four equal instalments, made every two weeks, without any interest. This is currently only available for US, Canadian & Australian orders. If you pay using Afterpay, the returns policy remains the same, so yes you can still return your items if they are eligible for return. You can check if your items are eligible for return HERE. Click HERE for Afterpay's full FAQ's.

Clearpay is a payment option available to UK customers which allows you to make purchases now and pay for them in four equal instalments, made every two weeks, without any interest. Clearpay is currently a payment option available for UK customers. Clearpay will be available on UK orders up to £1200 (however, your first order on Clearpay may have a lower maximum value). After entering the required information, you will receive an instant approval decision on your order at checkout. Clearpay and Huda Beauty are committed to responsible spending and not all orders will be approved. Clearpay is only available for customers over 18 years old. If you pay using Clearpay, the returns policy remains the same, so yes you can you can still return your items if they are eligible for return. You can check if your items are eligible for return HERE. You can check Clearpay's full FAQ's HERE.

Personal information provided during the order and registration process as a HudaBeauty.com customer should be true, accurate, current, and complete in all respects. If any information changes, please contact our Customer Service team or update your online account details accordingly.

11. REFUNDS AND GENERAL ONLINE RETURNS POLICY

If you are waiting for a refund for items that you have returned, your refund will be processed within 14 days of the items being received at our warehouse. You can use your return tracking number to confirm if they have been received successfully. The items will be checked and verified and then the refund will be initiated. After a refund has been processed from our end, it can take up to 14 days to reflect with your issuing bank. After this period if you have still not received your refund please let us know.

As long as the card account is still open your refund will still go back on that card. We can still process a refund to the same card even if it has been lost, stolen or cancelled. We cannot refund your order to another card or payment method. If there has been an error with your refund, just let us know and we will resolve this for you, first we would recommend to check that there were no discounts applied at the time of sale, and that your delivery charge should have been eligible for refund if it is relating to returned items.

You have a legal obligation to take reasonable care of the products while they are in your possession, and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.

If you are not satisfied with your purchase, you may return your item for free within 30 days, with the exceptions listed HERE. Further details on how to return your items can be found HERE. You will be refunded for the amount paid for the product, excluding any shipping costs. Products must be of saleable quality returned in the original saleable condition, in their original packaging, with barcodes attached and with the relevant online dispatch note. Refunds will be credited to the original tender used to process the payment. Purchase of items using Afterpay or Clearpay does not affect your eligibility to return. The cost of postage for returning the item(s) is not refunded.

If you have returned your item using the pre-paid label provided by Huda Beauty, it will be checked and verified at our warehouse. If all of the return requirements have been met your refund should be processed within 14 days of the items being received. Once your refund has been processed it can take up to 14 days to reflect with your issuing bank. If you can see that your return items have been received and this date has now passed just let us know so we can look into this for you. If your items are eligible for return, we recommend that you use the return label provided by Huda Beauty as we cannot reimburse you for the return shipping cost if the pre-paid label was not used. If, however, you have returned your items using an alternative return label please also provide tracking details when you get in touch.

If you receive an email to inform you that your order was unsuccessful and has been cancelled, it is unlikely that any money was transferred from your account. An authorisation may have occurred, which is just a temporary hold on the funds, and no money has been transferred. In this scenario the hold will be lifted automatically within 48 hours, however this may take longer to reflect with your issuing bank. If you have any concerns or questions to whether your card was charged or 'authorised' just let us know.

If products received as a gift (recipient is not the purchaser) and are returned to our online returns centre for refund, the refund will be processed onto the original card used as payment for the order.‘ Free Gift’ returns: If the original qualifying item is eligible for return, then it remains eligible for return even if you received a Free Gift with it, however, if you wish to return the original qualifying item the 'Free Gift' should also be returned to receive a full refund. You can check return eligibility HERE.

Fragrance return shipping is chargeable to the customer. For fragrance purchases, the cost of return shipping will not be paid for by Huda Beauty in any circumstances.

If any items in your order have been received in an unsatisfactory condition, please let us know within 7 days of your order being received. Please send your order number, and clear photos of the damaged item alongside your pack slip using Contact Us. Please note we cannot consider cases reported after 7 days of the receipt of your items. Please do not dispose of the items as you may need to return them to be eligible for a refund. There are no additional return restrictions in place due to COVID-19. If you have any further queries regarding an online return, please Contact Us.

12. EXCHANGES

For hygiene purposes we do not have an exchange policy, any items that are eligible to be returned can be returned for a refund only. If you need an alternative product, you will need to return the items first and then place a new order.

13. CANCELLATION REQUESTS

Unfortunately, we cannot always accommodate cancelation requests. We will try our best to assist but after a certain stage of order processing it can no longer be cancelled. We aim to ship orders as fast as we can so although you may message us immediately after placing your order, unfortunately it doesn't always guarantee cancelation. The cancelation request has to be reviewed and the request is sent to our warehouse processing team. If you would like to attempt cancelation of an order, please send us the Order Number to be cancelled and include the message: Please Cancel My Order. This will help us prioritise your email. You can do this via the CONTACT US form or email us at shop@hudabeauty.com. If we are unable to cancel your order, your items may still be eligible for return, you can check out our returns policy here.

14. STOCK AVAILABILITY

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our Customer Service team will contact you.

15. YOUR ORDER DELIVERY

Subject to the STOCK AVAILABILITY clause above, we will endeavour to fulfil your order for product(s) listed in the Order Confirmation within a reasonable period of time unless there are exceptional circumstances. If for any reason we cannot meet the delivery date, you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Once your order has been dispatched, we will email you the details of your order to the email address provided.

For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred upon delivery of the product (s) at the address specified by you when you completed your order or at a selected Huda Beauty or such other delivery method as shall be agreed between you and us. If you wish to send products to different addresses you must create a different order for each delivery address.

16. REFUSAL OF ORDER

Huda Beauty reserves the right to withdraw any products from this Website at any time and / or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Huda Beauty will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt.

17. FREE SHIPPING SERVICE

By taking advantage of the Free Shipping Service, you agree to the following Terms:

Free shipping on HudaBeauty.com orders will be applied on orders over 60USD or 70USD* / 48GBP / 90AUD / 70CAD / 48EUR / 260AED. This will be applied on the currency displayed on your order, not based on conversion. This offer will be applied automatically at the checkout. The free shipping threshold is calculated after any discounts have been applied, and before any taxes, duties or fees are added at checkout. This may vary during promotions and sale periods. *USD threshold may vary based on shipping address.

Otherwise, delivery charges apply. The cost of shipping will depend on your delivery address. After entering your delivery address at checkout you will be able to view the delivery options available to you and their cost.

This service does not include free postal returns.

Huda Beauty reserves the right to (i) cancel this promotion and (ii) amend these Terms at any time.

18. INTERNATIONAL DELIVERY

Further information on Delivery Timings and Information is listed HERE. Further information on where orders are shipped from can be found HERE.

Unfortunately, we are unable to combine your orders for delivery, if you place multiple orders they will be shipped separately, we are so sorry we are unable to assist further with this request.

Express Delivery: All orders (excluding US orders) are shipped with DHL Worldwide Express from Dubai, UAE. For US orders, Express Shipping is not currently available.

APO addresses: We can only offer delivery to APO addresses within the US. Orders will be delivered by USPS and delivery may take up to 14 days. Unfortunately, we cannot ship fragrance or any HAZMAT items to an APO address. Some countries may be required to pay tax & duties upon arrival which will be applied by your local customs office. To ensure you are aware of these charges, upon ordering you are unable to proceed to checkout without acknowledging the potential duties and taxes you may be faced with (tax & duties may be calculated against the order value prior to any discount or sale prices being applied).For delivery to any of the countries listed HERE any applicable tax & duty would have been charged at checkout and you should not be subject to any additional charges.

Your local customs office may also apply sales tax & duties against the full retail value of the complementary or discounted item. They will review the value of the product at retail price and not view this as a 'free' or discounted item.

19. INTELLECTUAL PROPERTY

All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") is the property of Huda Beauty or our parents, subsidiaries, affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in section below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

20. LIMITED LICENSES: USE RESTRICTIONS

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Website:

  • frame or utilize framing techniques to enclose the Website or any portion thereof;
  • use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Website, Content (except caching or as necessary to view the Website), or the personal information of others without our prior written permission or authorisation;
  • make any use of the Website or any Content other than for personal use;
  • modify, reverse engineer or create any derivative works based upon the Website or any Content;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; • "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  • intentionally violate any applicable local, state, national or international law;
  • transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website; and/or
  • engage or make any unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorised use by you of the Website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms.

21. YOUR OBLIGATIONS AND RESPONSIBILITIES

By accessing or using the Website or any Content, you agree that you will comply with these Terms and any warnings or instructions on the Website. You agree that when accessing or using the Website or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, if you default negligently or wilfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

22. YOUR ACCOUNT

Subject to the age restrictions outlined above, you may view and use many features of the Website without registering, including making purchases, but in order to access and use some parts of the Website, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorised use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Website or Content resulting from such access or use. You may cancel your online account with us at any time mailing us at SUPPORT@hudabeauty.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

23. THIRD PARTY LINKS

We are not responsible for the content of any third party sites even if they are linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and Terms. You should carefully review the privacy policies and Terms of the third party websites you visit.

24. USER CONTENT

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Website in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

25. DELETION OF USER CONTENT

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Website or in connection with our mobile applications, please contact us by email at privacy@hudabeauty.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

26. COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Websites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Websites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Website;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact us for notifications of claimed infringement at: legal@hudabeauty.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HUDA BEAUTY ONLINE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL.

27. RISK AND TITLE

Any products ordered will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is later.

28. DISCLAIMER OF LIABILITY

Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Website Terms or the Website or its contents or services.

You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, missed delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer or your Contract cancellation rights.

Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).

You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the Website or these Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.

*Do not rely on information on this site*

Site content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

29. WAIVER

If you breach these Terms and we take no action, this is not a waiver of our rights and we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

30. DISPUTES

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute, claim, or controversy regarding the Website, shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

31. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE WEBSITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by Contacting Us HERE and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms, including but not limited to the LIMITED LICENSES clause above, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. This condition does not affect your statutory rights.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Notice. This condition does not affect your statutory rights.

32. SEVERABILITY

If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

33. COMPLAINTS

If you have a complaint about Huda Beauty, please contact our Customer Service team here: • via email to: support@hudabeauty.com • via post to: Customer Support Huda Beauty FZ LLC, PBU – E70 + E71, Production City, Dubai, PO Bo 215089, United Arab Emirates

34. GOVERNING LAW & JURISDICTION

Except to the extent any applicable law provides otherwise, these Terms and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Terms and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.

35. ENTIRE AGREEMENT

The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Huda Beauty. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Huda Beauty. All contracts for the purchase and sale of Huda Beauty products from the Website shall be concluded in the language of these Terms.