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Terms of Use

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AGREEMENT



INTRODUCTION

NuMe is owned and operated by ABV Group Inc. (“ABV Group”) and these are the terms of use (“Terms of Use”) for your use of services or features on the Websites (the “Websites”) owned and controlled by ABV Group and its subsidiaries and affiliates (collectively, “NuMe” or “we” or “us” or other similar terms). Please review the following terms and conditions carefully.

We value our customers and welcome visitors to our Websites including www.numeusa.com or any other of our web properties (the "Websites"). We may add additional Websites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Websites when added.

These Terms of Use govern your use of and purchase of products from our Websites. You may be accessing our Websites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Websites and your conduct, regardless of the means of access. You may be using our affiliate services (“Affiliate Program”), such as our Beauty Pro Affiliate Program, Ratings & Reviews (the “Review Service”), the Question & Answer service (the “Customer Support Service”) and these Terms of Use govern your use of those Interactive Services. For an explanation of the Websites’ practices and policies with regards to information collected or submitted to the Website, please see our privacy policy.

By using the Websites, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. If you do not agree with any of these, you should not use our Websites. Any contests, sweepstakes or promotions described or posted on the Websites shall be governed by the rules regulating such contest, sweepstake or promotion, as applicable.

ELIGIBILITY

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from NuMe Website(s); (c) do not have more than one account at any given time for the NuMe Websites; (d) have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party; and (e) will only provide us with true, accurate, current and complete information if you register for an account and/or Orders - if we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website(s) or Services (or any portion thereof).

YOUR ACCOUNT

When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Website(s) or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Website(s) and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website(s) and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Website(s) or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use.

In no event will NuMe be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by NuMe under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.

THIRD PARTY SITES

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com, www.twitter.com, www.instagram.com and www.youtube.com official profiles (“Third Party Sites”). Our Terms of Use and other areas of our Websites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but NuMe does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that NuMe does not own or control, or to the actions of people that NuMe does not employ or manage. You should always check the terms of use posted on Third Party Website(s). To the extent that the Websites contain links to outside services and resources, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. We cannot control the content of third party Website(s) and disclaim any responsibility for those websites.  A customer acknowledges the Company is not responsible for the operation of, or content located on or through any such other site.

COPYRIGHT

You understand and accept that all information, data, design, text, graphics, logos, pictures, photographs, button icons, images, audio and video clips, the selection and arrangement thereof, and all software or other material appearing on the Websites (collectively, the “Content”) are owned by NuMe, or its licensors, and are protected under Copyright (c) 1999-2015 NuMe ABV Groups LLC, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of NuMe, and protected by U.S. and international copyright laws. All software used on the Websites is the property of NuMe, or its software suppliers and is protected by U.S. and international copyright laws.

You are expressly prohibited from using any Content without the express written consent of NuMe, or its licensors or otherwise provided herein. Except as otherwise expressly stated herein, none of the Content may be reproduced for purposes of modification, distribution, republishing, transmission, display or performance, none of the Content may be downloaded, displayed, posted, transmitted, or copied in any form or by any means. Limited permission is hereby granted to display, copy, distribute, and download the materials on the Websites solely for your personal, non-commercial use to print hard copies of the Websites for the sole purpose of placing an order with NuMe, using the Interactive Services, or using the Websites as a shopping resource. Such limited permission is allowed as long as you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained.

You may not mirror any material contained on the Websites or any other server. Any permission granted herein terminates automatically without further notice if you breach the Terms of Use in any way. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any Content may also violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. You agree that our remedies with respect to any breach with respect to the Content are cumulative and are not limited to the remedies discussed in the Terms of Use.

CLAIMS REGARDING COPYRIGHTS INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website(s) designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NuMe respects the intellectual property of others, and we ask our users and visitors to do the same. NuMe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, NuMe will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NuMe with the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringed is located on the Site.
  • Your address, telephone number, and email address and all other information reasonably sufficient to permit NuMe to contact you.
  • A statement by you that you have an honest belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • 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 behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

BY MAIL:

NuMe
Legal/IP Division
Copyright Agent
19736 Dearborn Street
Chatsworth CA 91311

BY EMAIL:

info@numeusa.com (Please include "Notice of Infringement" in the subject line.)

BY FAX:

(747) 237-7875 (Please include "Notice of Infringement" on the cover sheet.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING NUME THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

TRADEMARKS

[“NUME”] is a registered trademark, service mark, and/or trade name of ABV Group Inc. NuMe disclaims any proprietary interest in trademarks, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of NuMe and may not be used in connection with any product or service that is not offered by NuMe in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NuMe. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. No use of any marks may be made without the prior written authorization of the owner of such mark.

USER CONTENT

All comments, feedback, pictures, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other submissions disclosed, submitted or offered to NuMe or included with any hashtags provided by NuMe, on or by the Websites or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, “User Content”) shall, to the fullest extended permission by applicable law, be and remain NuMe property. Such disclosure, submission or offer of any User Content shall constitute an assignment to NuMe of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, NuMe will exclusively own all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content.

NuMe is not and shall not be under any obligation to, (1) maintain any User Content in confidence; (2) pay user any compensation for any User Content; (3) credit or acknowledge any user for User Content; or (4) respond to any User Content. You agree that User Content submitted by you to the Websites will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Websites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials. You further agree that User Content submitted by you to the Websites will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material. You further agree that NuMe may use and/or disclose information about your demographics and use of the Websites in any manner that does not reveal your identity. By participating in NuMe sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that NuMe may use your information for marketing and promotional purposes.

By submitting Content to NuMe, you represent and warrant that, (1) you understand you are participating in a public medium and that your Content will be available to all other users of the Websites, the Interactive Services and potentially Third Party Sites, (2) you are the sole author and owner of the intellectual property and other rights thereto, (or have the necessary licenses, rights, consents and permissions to use and authorize NuMe to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Websites and these Terms of Use), (3) all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personal identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto, (4) all Content that you post is accurate, and (5) you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Websites and agree to these Terms of Use, and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit, (1) is not false, inaccurate or misleading, (2) does not harm minors, (3) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity, (4) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (5) does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (6) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation, (7) is not submitted for compensation or other consideration from any third party, (8) complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules, (9) is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and (10) does not contain any computer viruses, worms or other potentially damaging computer programs or files.

NuMe does not endorse any Content or any opinion, recommendation or advice expressed therein, and NuMe disclaims all liability with respect to the Content. If your Content includes ideas, suggestions, documents or proposals to NuMe through the Interactive Services, (a) such Content is not confidential or proprietary and NuMe has no obligation of confidentiality, express or implied, with respect thereto, (b) NuMe may have something similar to that Content already under consideration or development, and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from NuMe under any circumstances unless you are otherwise notified by NuMe in writing. For any Content that you submit, you grant NuMe a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site. You may access the Content and any other content on the Websites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use of any Content or enforce limitations on use of the Websites or the Content therein. You may not interfere with or disrupt the Websites, or servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, including by using any device, software or routine to bypass robot exclusion headers. NuMe reserves all rights not expressly granted in and to the Content.

MODIFICATION OF CONTENT

All Content that you submit is not confidential and may be used at NuMe sole discretion. NuMe may or may not pre-screen Content. However, NuMe and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Websites. In particular, NuMe and its designees will have the right to remove any Content that NuMe deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. NuMe does not guarantee that you will have any recourse through NuMe to edit or delete any Content you have submitted. NuMe reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future. NuMe reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not NuMe, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of NuMe, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

TRANSMITTING MATERIALS

You understand that the technical processing and transmission of the Website(s) may involve, (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Website(s). You agree that you will not harvest, collect or store information about the users of the Website(s) or the User Content or use such information for any purpose inconsistent with the purpose of the Website(s) or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by NuMe in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website(s) or any activities conducted on the Website(s); (iii) bypass any measures we may use to prevent or restrict access to the Website(s) or portions thereof (or other accounts, computer systems or networks connected to the Website(s)); (iv) run any form of auto-responder or “spam” on the Website(s); (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website(s); or (vi) harvest or scrape any content from the Website(s).

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

We may display advertisements for the goods and services of a third party on the Website(s), including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

EVENTS

You may be invited or asked to attend events we sponsor or events held by other members and users of the Website(s) which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold NuMe, its subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

CONTESTS

NuMe may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.

USER INDEMNIFICATION OBLIGATIONS

You agree to defend, indemnify and hold NuMe harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Websites or any breach of the Terms of Use.

CUSTOMER SUPPORT

Reach customer service at (747) 237-7819.

COMMUNICATIONS

You agree that NuMe may send emails to you for the purpose of advising you of changes or additions to the Websites, about any of NuMe products or services, or for such other purpose(s) as NuMe deems appropriate.

AMEND TERM OF USE

As we continue to develop and improve the Websites and your shopping experience, the Terms of Use may change from time to time. NuMe reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines or Rules, from time to time at any time, without notice, and in its sole discretion. If NuMe decides to change these Terms of Use, NuMe will post a new version on the Websites. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Websites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Websites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Websites. We encourage you to refer to the Terms of Use from time to time to stay knowledgeable of our most current Terms of Use. If you are a registered user of the Websites, we may notify you by email of material changes to the Terms of Use using the most current email address you have provided us. Your continued access and use of the Websites constitute your acceptance of any changes or revisions to the Terms of Use.

TYPOGRAPHICAL ERRORS

In the event product costs or any fees are listed or charged at an incorrect price (as determined by the Company), the Company shall have the right to refuse or cancel any such orders placed for incorrect pricing. The Company has the right to refuse or cancel any such orders whether or not the order has been confirmed and the credit card charged. If the credit card has already been charged for the purchase and the order is canceled, the Company shall issue a credit to the credit card account in the amount of the charge in a timely manner.

PRODUCT PRICING

Prices for products offered by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering.

PRODUCT REGISTRATION

In order for an item to be eligible for a Warranty Replacement, a customer must have purchased said item through the Company or through an authorized retailer. Products purchased through the Company are automatically registered. Products purchased through outside vendors must be registered through the Company and require valid proof of purchase.

COLORS OF PRODUCTS ON SITES

We have made every effort to display, as accurately as possible, the colors of our products (tools and cosmetics) that appear on the Websites. However, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate.

RISK OF LOSS

All items purchased from NuMe are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect to the Products, including delivery charges, as applicable.

RETURNS, REFUNDS AND TITLE

NuMe does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, NuMe does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy below.

CHANGES TO OR TEMPORARY UNAVAILABILITY OF WEBSITES

Every effort is made to keep the Websites up and running smoothly and fault-free. However, NuMe takes no responsibility for, and will not be liable for, the Websites being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Websites at any time, including the availability of any of the Websites’ features, databases or content. NuMe may amend these Terms of Use at any time by posting amended Terms of Use to the Websites. You will be deemed to have agreed to the amended Terms of Use when you use the Websites following any amendment.

APPLICABLE LAW

This site is created and controlled by the Company in the state of California. As such, the laws of the state of California and the United States of America will govern these disclaimers, terms and conditions. The legal Jurisdiction will be Los Angeles, California. Your use of this Site shall be governed in all respects by the laws of the state of California, U.S., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over any venue in any legal proceeding directly or indirectly arising out of or relating to NuMe Websites (including but not limited to the purchase of NuMe products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Sites (including but not limited to the purchase of NuMe products) must be commenced within one (1) year after the claim or cause of action arises. NuMe failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NuMe may assign its rights and duties under this Agreement to any party at any time without notice to you.

NuMe makes no representation that materials in the Website(s) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. The internal substantive laws of the State of California shall govern any claim relating to the materials.

ARBITRATION

By using NuMe Website(s), you agree that NuMe at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Website(s), and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards, and participant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages including attorneys’ fees. Other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product), the participant further waives all rights to have damages multiplied or increased. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

TERMINATION

We may at our absolute discretion deny you access to the NuMe Websites (which may include any of the services or information available through it) or any part of it at any time without explanation. The Terms of Use are effective unless and until terminated by either you or NuMe. You may terminate the Terms of Use at any time. NuMe also may terminate the Terms of Use at any time and may do so immediately without notice, and accordingly, deny you access to any of the Websites if, in NuMe sole discretion, you fail to comply with any term or provision of the Terms of Use. Upon any termination of the Terms of Use by either you or NuMe, you must promptly destroy all materials, downloaded or otherwise, obtained from any of the Websites, as well as all copies of such materials, whether made under the terms of the Terms of Use or otherwise.

SEVERABILITY

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.

PRODUCT REGISTRATION

In order for an item to be eligible for a Warranty Replacement, a customer must have purchased said item through the Company or through an authorized retailer. Products purchased through the Company are automatically registered. Products purchased through outside vendors must be registered through the Company and require valid proof of purchase.

DISCLAIMERS

NUME IS PROVIDING THE WEBSITES, THEIR CONTENTS AND ALL CONTENTS OF THE WEBSITES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITES OR SERVICES OFFERED, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, NUME DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NUME DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITES OR THE SERVICES OFFERED IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

BY YOUR USE OF THE WEBSITES, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES ARE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITES, AND THAT NUME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

POLICIES AND PROCEDURES: REFUND POLICY

INTERNATIONAL & DOMESTIC
Purchases made using coupon codes or any other discounts are non-refundable. This includes items purchased through “Flash Sales,” or any other promotions.

Orders placed without coupon codes or any other discounts are eligible for a refund within 30 days of purchase.

All orders (excluding haircare and accessories) are eligible for an exchange (a.k.a. the “Gift a Friend” policy) within 90 days of purchase. Additional restrictions may apply.

Effective July 14, 2014, items returned for a refund will be assessed a return item processing fee of $14.95 USD (per item returned). Shipping fees are non-refundable and will be deducted from the refund total. If the shipping costs have been waived for the original purchase for any reason, a standard shipping fee of $12.00 USD will be deducted from the refund total.

This policy does not include Hair Care products or Accessories. All Hair Care products and all Accessories are ineligible for a refund at any time. Ineligible items returned for a refund will be returned to sender or disposed of, and a refund will not be issued for returned items.

When returning an item to the Company for a refund, the customer is responsible for all shipping costs, taxes, and duties that may arise. Additionally, the Company is not responsible for items that are not confirmed to be delivered to returns department and/or are lost in transit.

For damaged or defective items, please refer to 90-Day Guarantee.

All Requests for refunds are processed through the Site and not at any retail locations. To request instructions for any process, including a refund, send email to: support@numeusa.freshdesk.com

EXCHANGE POLICY A.K.A. “Gift a Friend Option”

DOMESTIC ORDERS ONLY
This policy is applicable to orders shipped to the contiguous US only. To qualify for this option, a customer must contact the Company within 90 days of placing the order and provide notice that they wish to exchange the item originally purchased. If qualified, customer will be able to keep the item purchased, and to purchase another item at a special price.

Policy restrictions include (but are not limited to):
LIMIT 1 EXCHANGE PER ORDER
LIMITED TO US ORDERS ONLY

The fees due are based on the new item selected for exchange (include shipping costs) and are as follows:
CURLING WANDS $39 USD
FLAT IRONS $49 USD
DRYERS $59 USD
STYLING SETS $69 USD

All Requests for exchanges are processed through the Site and not at any retail locations. To request instructions for any process, including an exchange, send email to: support@numeusa.freshdesk.com

90 DAY GUARANTEE

DOMESTIC & INTERNATIONAL ORDERS:
The Company styling tools are manufactured to the highest standards of quality and are warranted against defects in material or workmanship for 90 days from the date of receipt of items from the Company. This policy is only valid for items purchased through the Company or through an authorized reseller (with valid proof of purchase).

A customer must inspect their purchase immediately upon receipt. All visible defects or damage must be reported to the Company within 7 days of receipt from the Company to be eligible for a no cost replacement. All functional or electrical defects must be reported to the Company within 90 days of receipt from the Company to be eligible for a no cost replacement.

Products confirmed to be defective will be replaced at no additional cost to the customer. The cost is of the exact item (without any related fees or costs incurred or paid by customer).

THE COMPANY MAY CHOOSE TO ISSUE A REFUND INSTEAD OF PROCESSING A REPLACEMENT

  • Reasonable wear and tear or cosmetic damage.
  • Damage due to accidents, misuse, physical force, improper operation.
  • Mishandling, neglect, fire, heat, water, humidity, liquids, or other intrusion.
  • Products that have been repaired, altered, or modified by anyone.
  • Products requesting to be returned without valid proof of purchase.

Defects reported outside of the 90-day guarantee time frame may be eligible for replacement under the Limited Manufacturer’s Warranty. All items are to be used within the methodology as the products were designed. Any outside use of these methodologies voids any product warranty, any implied product warranty, or replacement of the product. All Request for replacements are processed through the Site and not at any retail locations. To request instructions for any process, including a replacement, send email to: support@numeusa.freshdesk.com

LIMITED WARRANTY: DOMESTIC ORDERS

This policy is applicable for orders shipped to the contiguous U.S. Items reported to the Company as damaged or defective outside of 90 days past receipt of the item from the Company, and within 1 year of purchase, are eligible for a Limited Warranty Replacement. Only orders shipped to the U.S. are eligible under this policy. Under the Warranty Replacement Policy, a customer is allowed one replacement at a reduced cost. This policy excludes Hair Care Products and Accessories.

PRODUCTS RETURNED TO THE COMPANY FOR REPLACEMENT WITHOUT A COMPLETED WARRANTY REPLACEMENT FORM WILL BE REJECTED AND RETURNED TO SENDER.

The Limited Warranty Replacement Fees are as follows:
PETITE $19.99 USD
FLAT IRONS $29.99 USD
CURLING WANDS $29.99 USD
DRYERS $39.99 USD
STYLING SETS (LUSTRUM, TITAN3, TRIFECT, CURLJAM, ETC.) $49.99 USD

This excludes damage from misuse or abuse, such as improper cleaning, neglect, accident, alteration, fire, theft, or use in a commercial establishment. This policy is only valid for items purchased through the Company or through an authorized reseller (with valid proof of purchase). This warranty does not apply to unauthorized resellers of the Company products or individuals purchasing items without identifying themselves as a business entity or reseller. If the item is replaced under the Limited Warranty, the duration of the warranty will continue from the date of the original purchase and will not be extended.

DISCONTINUED ITEMS
If a customer wishes to replace a discontinued item, the Company will replace the item with the most comparable item currently available. If no equivalent product is available, the Company will contact the customer to discuss the next steps and may issue a refund or credit in the amount of the original amount paid, less any discounts given at the time of purchase of the item.

SUBSTITUTION REQUESTS
The Company will replace any item found to be defective with the same item or most comparable current item. The Company will not accept requests for substitutions or upgrades in exchange for money.

EXPIRED WARRANTY
If the item is out of warranty at the time a replacement is requested, the replacement request will be rejected and/ or the item will be returned directly to the customer with a letter confirming the expired warranty.

OUR ADDRESS

All requests in writing must be sent to:
NuMe/Fulfillment
19736 DEARBORN STREET
CHATSWORTH, CA 91311

LIMITED WARRANTY: INTERNATIONAL ORDERS

Items reported to the Company as damaged or defective outside of 90 days past receipt of the item from the Company, and within one year of purchase, are eligible for a Limited Warranty Replacement. Only orders shipped outside U.S. are eligible under this policy. Under the Warranty Replacement Policy, a customer is allowed one replacement at a reduced cost. The fee includes shipping & duties costs. This policy excludes hair care products and accessories.

PRODUCTS RETURNED TO THE COMPANY FOR REPLACEMENT WITHOUT A COMPLETED WARRANTY REPLACEMENT FORM WILL BE REJECTED AND RETURNED TO SENDER.

The Limited Warranty Replacement Fee Ranges. This fee does not include shipping, duties, or any other taxes.
PETITE $19.99 USD
FLAT IRONS $29.99 USD
CURLING WANDS $29.99 USD
DRYERS $39.99 USD
STYLING SETS (LUSTRUM, TITAN3, TRIFECT, CURLJAM, ETC.) $49.99 USD

The precise amount due will depend on the area the re-shipment is sent to, as Estimated Duties and Taxes impact the final amount due. This policy does not cover damage from misuse or abuse, such as improper cleaning, neglect, accident, alteration, fire, theft, or use in a commercial establishment. This policy is only valid for items purchased through the Company or through an authorized reseller (with valid proof of purchase). This warranty does not apply to unauthorized resellers of the Company products or individuals purchasing items without identifying themselves as a business entity or reseller. If the item is replaced under the Limited Warranty, the duration of the warranty will continue from the date of the original purchase and will not be extended. All Request for replacements are processed through: the Site and not at any retail locations.

COUPON USE

In addition to all policies stated in the Company’s Terms and Conditions and Website, all orders placed on the Site are also subject to the Company's Rules of Use.

The Rules of use are as follows:

  • Terms of Coupon Codes are subject to change at any time without notice.
  • Vouchers, coupons, and discount codes do not have any cash value and are not interchangeable.
  • Only one discount (coupon, voucher, or promotion price) may be used per order.
  • Vouchers are only valid for single use, even if not used for the full promotional value.
  • Coupons cannot be combined with other coupons OR any other discounts.
  • Coupons cannot be applied towards promotionally priced items.
  • Errors or misprints on Coupons will not be honored.
  • Deliberate misuse of Coupon Codes will result in the order being cancelled.
  • If an order is placed that does not meet these guidelines, it will be cancelled and refunded.

USE OF TOOLS BY MINORS

All products sold by the Company are intended for use by adults over the age of 18 and are not intended for sale to, purchase by, or use by minors. If permission is granted from a parent or guardian to use any product sold by the Company, the parent or guardian agrees to be solely responsible for the use or misuse of the product by the minor child.

DUTIES AND TAXES

This is only done for eligible applicable countries outside of the U.S.

The destination country is subject to import taxes, customs duties and fees levied on orders shipped outside of the United States. The recipient of an international shipment is subject to such import taxes, customs duties and fees, which are estimated once an order is placed or once the shipment reaches the recipient’s country. These taxes and fees are subject to change at any time at the discretion of the authority for the destination country. The Company has no control over setting these charges.

When ordering from the Company, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Additionally, the recipient is responsible for assuring the product can be lawfully imported to the destination country. The payment of estimated import fees is the responsibility of the importer and is levied based on the laws of the country into which the products are being shipped. The Company will calculate an estimate for the amount due for customs duties, taxes and fees at the time of checkout. This estimate will be seen on the invoice as "Estimated Duties and Taxes."

#YesToNuMe TERMS AND CONDITIONS

By responding #YesToNuMe you agree to the following:

1. You grant NuMe / ABV Group Inc (“NuMe”) a royalty free, perpetual, worldwide licence to use your Instagram/Twitter handle and your Instagram/Twitter photograph(s) that you have tagged with the hashtag #numestyle and/or #numegirl and in relation to which you have responded #YesToNuMe (the “Photos”) on numeusa.com and/or on any of NuMe’s platforms (including but not limited to Instagram, Facebook and Twitter), for its marketing and/or in its advertising.

2. NuMe may use, reproduce, distribute, combine with other materials, alter and/or edit your Photos in any manner in its sole discretion, with no obligation to you whatsoever.

3. You hereby represent and warrant that (i) you own all rights in and to your Photos, (ii) you have permission from any person(s) appearing in your Photos to grant the rights herein, (iii) you are 18 years or older, and (iv) NuMe’s use of your Instagram handle and/or Photos will not violate the rights of any third party or any law.

4. You hereby release and discharge NuMe from all and any obligation to pay you for any use of your Photos and any of the intellectual property rights contained therein in connection with the uses described above.

5. You hereby release, discharge and agree to hold NuMe and any person acting on NuMe’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Photos as described above.

ESTIMATED DUTIES & TAXES CHARGES

For convenient checkout and to ensure successful receipt of products for international customers, the Company will calculate an estimate for the amount due for customs duties, taxes and fees (referenced on invoice as "Estimated Duties and Taxes"). The Estimated Duties and Taxes are an estimation of the taxes and duties that may apply. If the estimated Duties and Taxes amount the customer has paid are insufficient to cover the actual amount charged, the customer will not be billed for the difference.

Note: The above terms also apply to the shipment of any replacement product that might be shipped if there's an issue with the original shipment. If a customer returns a product to us, the customer will be the exporter from the original shipping destination responsible for compliance with all export laws of that country. Title and risk of loss transfer to us upon receipt at our fulfillment centers.