Terms & Conditions

Effective date: October 9, 2025

These Terms of Service (“Terms”) govern your access to and use of the website, online store, and related services provided by Amber & Oud Cosmetics, Inc. (“Amber & Oud,” “we,” “us,” “our”). By visiting our site or purchasing from us, you agree to be bound by these Terms and by any additional policies referenced here, including our Privacy Policy and Returns Policy.

If you do not agree, do not access or use the Services.

1. Eligibility and Account

• You must be at least the age of majority in your jurisdiction to purchase.

• You agree to provide accurate, complete, and current information at checkout and when creating an account, and to keep your credentials secure. You are responsible for activity under your account.

2. Store Content and Availability

• We aim for accuracy, but product descriptions, images, pricing, availability, and ingredients may contain minor errors or variations, especially for natural materials.

• We reserve the right to correct errors, change or update information, and modify or discontinue products at any time without notice.

3. Orders, Pricing, and Payment

• Your order is an offer to buy. We may accept or reject any order for any reason, including suspected fraud, pricing errors, or limits on quantities.

• Prices are shown in the currency indicated at checkout and are subject to change without notice. The price in your order confirmation is the price that applies to that order.

• Payment is processed by our payment providers. By submitting payment details you authorize charges for your order, taxes, shipping, and any applicable duties.

4. Preorders

• If a product is labeled “Preorder,” payment will be captured at checkout unless stated otherwise. Estimated ship windows are provided as guidance and may change.

• You may cancel a preorder for a full refund any time before we create the shipment label. After that point, our standard returns policy applies.

5. Shipping, Risk of Loss, and Duties

• We ship to the addresses and regions shown at checkout. Risk of loss passes to you when the carrier marks the package delivered.

• For international orders, you are responsible for any import duties, taxes, or fees not collected at checkout. Delivery dates are estimates and are not guaranteed.

6. Returns and Exchanges

• Please review our Returns Policy for eligibility, timelines, and instructions. We reserve the right to deny returns that do not meet policy requirements.

7. Health and Safety

• Our products are cosmetics, not drugs or medical devices, and are not intended to diagnose, treat, cure, or prevent any disease.

• Always follow directions for use and perform a patch test first. Discontinue use if irritation occurs and consult a qualified professional as needed. Keep out of reach of children.

8. Prohibited Conduct

You agree not to misuse the Services, including by:

• violating laws or third-party rights;

• attempting to interfere with security or normal operation;

• scraping, crawling, or harvesting data without permission;

• using the Services for resale or commercial purposes not expressly permitted by us.

9. Intellectual Property

All trademarks, logos, product names, text, graphics, photos, videos, and other content on the Services are owned by Amber & Oud or our licensors and are protected by law. No license is granted except as necessary to use the Services for personal, non-commercial purposes. You may not reproduce, modify, distribute, or create derivative works without our prior written consent.

10. Reviews and User Content

If you submit reviews, photos, or other content:

• you grant Amber & Oud a non-exclusive, royalty-free, worldwide license to use, reproduce, publish, and display that content in any media for marketing and operations;

• you represent you own or control the rights to the content and it is accurate and lawful.

• we may moderate, edit, or remove content at our discretion.

11. Third-Party Services

The Services may link to third-party websites, apps, or tools, including Shopify and payment providers. We are not responsible for third-party content or practices. Your use of third-party services is governed by their terms and policies.

12. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available.” To the fullest extent permitted by law, Amber & Oud disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted, error-free, or secure operation, or that defects will be corrected.

13. Limitation of Liability

To the fullest extent permitted by law, Amber & Oud and our officers, directors, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Services or products, even if advised of the possibility. Our total liability for any claim will not exceed the greater of the amount you paid for the product giving rise to the claim or USD 100.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Amber & Oud and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or misuse of the Services.

15. Promotions, Gift Cards, and Resale

• Promotions, discounts, and offers are subject to terms that may include expiration dates, quantity limits, and exclusions. They are not transferable or redeemable for cash.

• Gift cards are subject to the terms provided at purchase and do not expire where prohibited by law.

• We may limit or cancel orders that appear to be placed by resellers or distributors.

16. Mobile Messages

If you enroll in our SMS program, you consent to receive marketing and transactional texts at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. You can opt out by replying STOP and get help by replying HELP. See our SMS Terms for details.

17. Changes to the Services or Terms

We may update the Services and these Terms from time to time. If we make material changes, we will post the updated Terms and update the effective date. Your continued use of the Services after changes means you accept the updated Terms.

18. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or relating to them are governed by the laws of the State of Illinois, United States, without regard to conflict-of-laws rules. Subject to the arbitration provision below, the exclusive venue for any court action is the state or federal courts located in Kane County, Illinois, and you consent to their jurisdiction.

Binding Arbitration and Class Action Waiver (US only). Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Amber & Oud waive the right to a jury trial and to participate in a class action or representative proceeding. You may opt out of this arbitration clause by emailing info@amberoudcosmetics.com within 30 days of your first use of the Services with the subject line “Arbitration Opt Out” and your full name and address. This clause does not apply where prohibited by law.

 

19. Severability and Miscellaneous

 

If any provision of these Terms is held unlawful or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. These Terms, together with policies referenced here, are the entire agreement between you and Amber & Oud regarding the Services. Our failure to enforce any right is not a waiver.

 

20. Contact Us

 

Questions about these Terms:

Email: info@amberoudcosmetics.com

Phone: 800-705-5009