Terms and Conditions

Table of Contents

 

Last Updated: March 17, 2025

 

1. Introduction

2. Copyright

3. Trademarks

4. Product Information

5. Color Information

6. Responsibility for your Content

7. Your Use of Content on the Sites and Limitation of Liability

8. Your Content Submissions

8a. Ratings and Reviews

9. Third Party Content and Third Party Sites

10. Mobile Services

11. Modification of Content

12. Reservation of Rights

13. Disclaimer of Warranties

14. Disclaimer of Liabilities

15. Indemnification

16. DMCA

17. Fraud Protection Program

18. Privacy

19. Waiver

20. English Language

21. Dispute Resolution

22. Legal Disputes; Class Action Waiver; Jury Trial Waiver

23. Choice of Law/Forum Selection

24. Severability

25. Notice to California Consumers

26. Tax Refunds Request

 

Terms of Use for Nuup Beauty

1. Introduction

These terms of use (“Terms of Use”) govern your access and use of all services and features on the sites owned and controlled by Nuup Beauty (“Nuup” or “Nuup Beauty”), including www.nuupbeauty.com and the Nuup Beauty mobile application, as well as your interaction with us in any other venues, platforms, or applications where these terms are posted or applicable. Accessing our services via various devices, these terms apply to all your activities on our sites, regardless from which device or form or method of access you use to interact with and access our sites.

Please be aware: These terms include a waiver for class action and jury trials detailed later under "Legal Disputes."

If you register an account with Nuup Beauty, certain parts of your account are private unless you opt to participate in our online community. The community aspect allows you to engage in discussions, post reviews, ask and answer questions, and interact through social features we provide.

By using our sites (the “Site” or the “Sites”), you agree to these Terms of Use, our Privacy Policy, and any applicable guidelines. If you do not agree, you should not use our services.

We also interact on third-party sites (“Third Party Sites”), including social media such as, but not limited to, Instagram, Facebook, X, and TikTok, where we may post content, invite feedback, or interact with you. These third-party sites have their own terms, which you should review separately.

Nuup Beauty reserves the right to modify these Terms of Use at any time, and such changes will be effective immediately upon posting the updated terms. We encourage you to review these Terms periodically to ensure that you are aware of any changes.

Nuup reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Nuup decides to change these Terms of Use, Nuup will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. 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 Sites.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

2. Copyright

All content on Nuup Beauty's sites, including texts, graphics, logos, images, audio, video clips and software, is the property of Nuup Beauty or its content suppliers and protected by US and international copyright laws. This content is provided for your personal, non-commercial use. Unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Nuup or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Nuup is strictly prohibited.

3. Trademarks

The trademarks, logos, and service marks displayed on Nuup Beauty sites are the property of Nuup Beauty or third parties. These trademarks may not be used without prior written permission from Nuup Beauty or the respective trademark owners.

4. Product Information

Nuup Beauty offers products that are available for order and delivery within the U.S., Mexico and select international markets. Our products are also potentially available through selected retail channels in various foreign markets. All prices on the Nuup Beauty website are quoted in U.S. Dollars and are valid and effective only within the U.S. and Mexico.

The information and materials presented on our sites are intended for personal, educational, or informational purposes only. While Nuup Beauty strives for accuracy, we do not guarantee that the product descriptions or other content is accurate, complete, reliable, current, or error-free. Please refer to the “About the Product” section on each product page for the most current product information. Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration or any other government agency, and the results reported, if any, may not necessarily occur in all individuals. Our products are not intended to diagnose, treat, cure, or prevent any condition or disease. If any minor uses products sold through Nuup Beauty, it should be only after a legal or parental guardian has reviewed the product information and discussed the product with the minor’s doctor.

Occasionally, we may provide summaries or highlights from product descriptions, customer reviews, or other information on our site. These may be generated with the help of artificial intelligence (AI) and are provided for convenience but are not exhaustive representations of the full product descriptions or reviews. We advise that users be aware of the limitations inherent in AI technology; AI-generated summaries may not capture all nuances and detailed insights. We encourage users to read full product descriptions and reviews where available, particularly when making purchasing decisions. Nuup does not guarantee the completeness or accuracy of the information presented in these summaries.

All products should be used in strict accordance with their provided instructions, precautions, and guidelines. Always check the ingredients of products to avoid potential allergic reactions. The use of our site is not meant to serve as a substitute for professional medical advice. Please consult your physician or health care provider regarding the use of any products or information obtained from our sites before using or relying on them. Nuup Beauty does not provide medical advice, and our sites are not a substitute for professional medical resources.Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Nuup does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Nuup does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

NUUP Beauty Disclaimer: Sara Mizrahi Recommendations

Sara Mizrahi ("SARA") provides product recommendations through NUUP Beauty's brand channels based on general skin types and preferences. While SARA shares beauty insights and suggests products that may be suitable for various skin concerns, these recommendations should not be taken as medical advice. SARA is not a dermatologist or healthcare professional, and her suggestions are not a substitute for professional dermatological advice or consultations with skincare professionals.

SARA is an independent beauty influencer and is not employed by NUUP Beauty. Her recommendations represent her personal opinions based on her experience and product knowledge.

We strive to provide helpful information through our partnership with SARA, but NUUP Beauty does not guarantee the appropriateness or efficacy of any products suggested by SARA for your particular skin conditions or needs. It is important to review the ingredients of each product and consider any personal skin sensitivities or allergies you may have. Always consult with a dermatologist or qualified healthcare provider regarding any concerns about a product before use, especially if you have underlying skin conditions.

NUUP Beauty is not liable for any irritation, discomfort, allergic reactions, or adverse effects that may result from the use of products recommended by SARA. By following SARA's recommendations, you acknowledge and agree that you are responsible for assessing the suitability of the recommended products and that any reliance on her suggestions is strictly at your own risk.

Products sold through Nuup Beauty, including any samples we may provide, are for your personal use only: these Sites are solely online stores for specialty beauty products. Resale of products purchased from Nuup Beauty is strictly prohibited. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products to be provided to you that may result in a violation of our Terms of Use, as determined at our sole discretion.

Where not prohibited by law, Nuup Beauty may limit the number of products available for purchase, and at times, may impose limits on purchases of particular brands or items.

Intimate Care Acknowledgment

You must be 18 years of age or older, or the age of majority in your jurisdiction, to purchase intimate care products from Nuup Beauty. By placing an order for these products, you confirm that you meet the legal age requirement. If we find that you are not legally eligible to order certain products, we reserve the right to cancel your order.

All shipments are packaged in neutral packaging to ensure privacy.

5. Color Information We have made every effort to display as accurately as possible the colors of our products that appear at the store. 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.

 

6. Responsibility for Your Content You are solely responsible for all content that you upload, post, email, or otherwise transmit via or to Nuup Beauty’s websites, through any associated online community, or through other means of communication associated with our services. This includes all forms of content such as product ratings and reviews, questions and answers, data, profile details, documents, text, software, applications, music, sound, photographs, graphics, videos, messages, forum postings, comments, and other materials (collectively, "Content"). You must be a registered user of our sites and an active member of our community to submit Content.

 

Please note that “Content” does not include any data automatically collected from your mobile devices through hardware and software used to enhance your experience with Nuup Beauty. This may include, but is not limited to, technologies that interact with your mobile devices to provide a personalized shopping experience or to inform you of in-store offers and events. The handling and use of such data are governed by our Privacy Policy.

 

7. Use of Content and Limitation of Liability Nuup Beauty provides the Sites, along with all other applications and services on the Sites, strictly as platforms for user interaction. NuupBeauty is not liable for any statements, representations, or content provided by users on any public forum on the Sites or any Third Party Site. Content displayed on our platforms is for entertainment and informational purposes only and should not be relied upon as the sole basis for making significant decisions without consulting primary, more accurate, more complete, or more timely sources of information. Content created by users is not endorsed, supported, or verified by Nuup Beauty and may not reflect the views of Nuup Beauty.

 

By using the Sites or Third Party Sites, you understand that you may be exposed to content that might be offensive, indecent, or objectionable. Nuup Beauty is not liable for such content, and the risk of harm or damage from such content rests entirely with you. Under no circumstances will Nuup Beauty be liable for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise transmitted via or to the Sites. This limitation of liability does not apply to New Jersey residents.

 

You are permitted to access the content on the Sites only as outlined in these Terms of Use and our Privacy Policy. You agree not to engage in the unauthorized use, copying, or distribution of any of the content, except as expressly permitted herein.

 

Furthermore, you agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or the content therein. You shall not interfere with or disrupt the Sites, or servers or networks connected to the Sites, nor disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, including using any device or software to bypass robot exclusion headers. Nuup Beauty reserves all rights not expressly granted in and to the content. In using the Sites, you must not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges.

 

8. Content Submissions By submitting content to Nuup Beauty, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, publish, reproduce, modify, adapt, translate, distribute, and display such content in any form.

 

By submitting Content to Nuup Beauty and participating in our Site, you agree to comply with the following Content Submission Requirements:

● Public Forum Participation: You acknowledge that you are participating in a public forum and that your Content and other personal information will be accessible to all other users of the Sites and potentially Third Party Sites.
● Ownership and Rights: You assert that you are the sole author and owner of the intellectual property and other rights to the Content, or you have all necessary licenses, rights, consents, and permissions to use and authorize Nuup Beauty to use your Content as specified in these Terms of Use.
● Use of Content: Your Content may be used by Nuup Beauty in our marketing materials, including but not limited to, Nuup Beauty’s website, emails, social channels, and promotional materials.
● Compliance with Advertising Standards: You must comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. You warrant that all testimonials and endorsements contained in your Content are honest, accurate, and represent your current opinions and experiences.
● Authenticity: You must ensure that any "look" or use-case scenario described or depicted in your Content is a truthful representation of the product’s performance and was not altered with digital or any other enhancements beyond normal use.
● Disclosure of Relationships: If you receive any compensation or other incentives (such as free products, sweepstakes entries, or discounts) for your Content, or if you have a material connection to Nuup Beauty or any other brand mentioned in your Content, this must be clearly and conspicuously disclosed in your Content.
● Accuracy and Non-infringement: All Content you post must be accurate, not infringe on any intellectual property, privacy, or publicity rights, and comply with applicable laws and contractual obligations.
● Prohibited Content: Your submissions must not contain harmful, illegal, or offensive material. Content should not include viruses, spam, or malicious software and must not involve phishing, impersonation, or other fraudulent activities.

By submitting Content, you also grant Nuup Beauty, its affiliates, and its licensees a global, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable right to use, reproduce, distribute, create derivative works from, display, and perform the Content in any media formats through any media channels. This includes using your Content in advertising and promotional materials, linking to the ecommerce parts of Nuup Beauty's site to allow users to purchase the products depicted or discussed in your Content. This broad usage license is for any lawful purpose, including but not limited to, advertising, marketing, and promoting the goods and services offered by Nuup Beauty and its partners. This includes, but is not limited to, sharing your content, including any ratings, reviews, or responses (and/or any components thereof), with third-party brands whose products we sell, as well as with other third parties who distribute our products. It also includes adding links to your content on the ecommerce sections of NuupBeauty's websites and applications to allow users to "shop your look" and purchase products (including, without limitation, products that you depict, mention, or tag in your content, as well as other related products). This license will continue even if you stop using our site or your account is terminated.

 

Disclaimer: Nuup Beauty does not endorse any user-submitted Content and disclaims all liability related to such Content. Nuup Beauty reserves the right to remove any Content at our discretion.

 

Intellectual Property Development: If your Content includes ideas, suggestions, or proposals, Nuup Beauty is under no obligation of confidentiality nor are you entitled to compensation unless such arrangements are made in writing.

 

This clause ensures you are fully aware of your responsibilities and the scope of how your Content may be used while protecting your rights and maintaining transparency about the content’s use in Nuup Beauty's operations.

 

When you submit Content to Nuup Beauty’s platforms and/or Site and associated digital spaces, you also represent and warrant that your Content:

● Authenticity and Accuracy: Is not false, inaccurate, or misleading.
● Safety: Does not harm minors and does not contain or elicit any form of medical advice.
● Intellectual Property Respect: Does not infringe upon any copyright, patent, trademark, trade secret, or other proprietary or publicity rights of any person or entity.
● Legal and Contractual Compliance: Complies with all applicable laws, statutes, ordinances, and regulations, including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising. Additionally, it does not violate any obligations under contractual or fiduciary relationships, such as inside information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
● Non-offensive: Is not unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening, or harassing to any individual or corporation.
● Relevance: Is relevant to the products being rated and reviewed or the topics of the questions and answers submitted.
● No Unauthorized References: Does not include references to other websites, addresses, email addresses, contact information, or phone numbers.
● Compliance with Policies: Complies with all aspects of these Terms of Use, our Privacy Policy, and all other Nuup Beauty guidelines and rules.
● No Malicious Content: Is free from phishing, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation. It does not contain any computer viruses, worms, or other potentially harmful computer programs or files.
● Impersonation and Privacy: Does not impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity. It does not collect or store personal information about other users without their express consent.

By submitting Content, you agree to abide by these standards to ensure a respectful and legally compliant interaction on Nuup Beauty’s digital platforms. Violations of these representations and warranties may result in content removal and possible termination of account access.

 

9. Third Party Content and Sites Nuup Beauty may present content from third parties ("Third Party Content"), or provide links to external websites ("Third Party Sites"), as a resource for those interested in this information. Nuup Beauty does not review, monitor, or control any Third Party Content or Third Party Sites and does not endorse, guarantee, or assume responsibility for their content, accuracy, or completeness. The inclusion of links to Third Party Content or Third Party Sites does not imply an endorsement or any association with these third parties by NuupBeauty.

Please be aware that Third Party Content and Third Party Sites are governed by their own terms and policies, and Nuup Beauty is not liable for any interactions or transactions you engage in with these external sites. You access and use these sites and content at your own risk. Third Party Content may include diverse materials such as product reviews, user ratings, Questions & Answers, and other materials originally posted on websites hosted by brands that Nuup Beauty might not officially carry or endorse.

 

10. Mobile Services Any mobile services provided by Nuup Beauty may be subject to charges by your carrier. You agree that we may communicate with you regarding Nuup Beauty and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

 

11. Modification of Content Nuup Beauty reserves the right to modify, edit, reject, or remove any content at any time without prior notice. This includes content that violates our policies or is deemed inappropriate.

 

12. Reservation of Rights Nuup Beauty reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Nuup may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Nuup (and its employees), its users and the public.

 

13. Disclaimer of Warranties Nuup Beauty provides its websites, services, and community on an "AS-IS" basis and does not make any representations or warranties, either express or implied, regarding the operation of the websites, the accuracy, completeness, or reliability of the information, content, materials, or products included on the sites or as part of the community. To the fullest extent permitted by law, Nuup Beauty disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and non-infringement of intellectual property rights of third parties. Additionally, Nuup Beauty does not guarantee that the information accessible via its sites is up-to-date or error-free.

NUUP Beauty does not represent or warrant that the information accessible via the Sites or the Community is accurate, complete, or current. We are not responsible for any reactions, effects, or outcomes resulting from your use of any products suggested by "SARA" or found on our Sites. We provide recommendations based on general skin type information from third-party brands and are not substitutes for professional medical advice.

"SARA" offers suggestions based on the data you provide; but remember, we are not dermatologists or medical professionals. You should always consult with your healthcare provider about any concerns or questions related to your skin health and the suitability of any products before making changes to your skincare regimen.

Please be aware that some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not fully apply to you. All information regarding prices and availability is subject to change without notice.

 

14. Disclaimer of Liabilities Nuup Beauty will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or products purchased on the Site or Sites. This comprehensive limitation of liability 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. This provision does not apply to New Jersey residents.

 

Nuup Beauty aims to provide a secure user environment, but does not offer a persistent log-in feature or mobile-specific features. Therefore, the associated risks of unauthorized access related to persistent log-in or biometric log-ins do not apply. We encourage you to maintain the security of your account by using strong passwords and changing them regularly.

While we do not control the functionality of third-party devices or software, including fingerprint access features or the security measures on your devices, we recommend that you review the terms of use and privacy policies of any mobile device or software manufacturers to understand how they handle your data and personal information.

 

If you choose to store your credit card information with Nuup Beauty for easier checkout, it is essential to protect access to your devices and account. Although Nuup Beauty does not offer a persistent log-in feature that keeps users signed in between sessions, we strongly recommend enabling security features such as passcode locks or biometric identification (like fingerprint or facial recognition) on your devices to help prevent unauthorized access.

 

By storing your payment information, you agree to take responsibility for securing your account and personal devices. Nuup Beauty is not responsible for any losses or damages resulting from unauthorized access to your account due to compromised device security. If you are not comfortable with this level of risk, please do not opt to store your payment information on our site.

Whether or not you choose to implement additional device security measures, it is your responsibility to safeguard against unauthorized access to your account. This disclaimer and limitation of liability apply to any and all potential losses or damages incurred due to unauthorized access to your device. If you do not agree to these terms, please refrain from storing your payment information on our platform.

 

15. Indemnification You agree to defend, indemnify, and hold harmless Nuup Beauty (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations, and damages including reasonable legal fees, arising out of or related to: (a) your misuse of the Sites and any related services; (b) your breach of these Terms of Use; (c) any misrepresentation made by you, including but not limited to your representations and warranties set forth above regarding Content; (d) your violation of any laws or the rights of a third party (including, but not limited to, copyright, intellectual property, privacy, or other personal or proprietary rights); or (e) any content that you submit, post, transmit, or make available through the Sites and our services that causes damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and services.

 

16. DMCA If you believe that your work or content has been copied in a way that constitutes copyright infringement and is accessible on our Sites, please notify Nuup Beauty's designated copyright agent using the information provided below. Your notice must include the following, as required by the Digital Millennium Copyright Act (DMCA):

● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
● A description of the copyrighted work that you claim has been infringed;
● A description of where the allegedly infringing material is located on the Sites;
● Your address, telephone number, and email address to enable us to contact you;
● A statement by you that you have a good-faith 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 information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please direct your correspondence to Nuup Beauty's designated copyright agent at:

Nuup Beauty, Inc.
Legal Department
[Address]
[City, State, ZIP]
Email: legal@nuupbeauty.com
Phone: [Phone Number]

 

17. Fraud Protection Program Nuup Beauty reserves the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

18. Privacy Your use of the Sites is subject to Nuup Beauty's Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the site.

 

Email Communications Agreement

By submitting your email address in connection with your account, you consent to Nuup Beauty and its third-party service providers using your email address to contact you regarding your Nuup Beauty account or any content you have submitted to the Sites, including our online features, or for other administrative purposes and any other purposes permitted or required by law. Detailed information on how Nuup Beauty collects and uses your personally identifiable information, including any information you provide during your interactions with the Sites, is available in our Privacy Policy.

 

19. Waiver The failure of Nuup Beauty to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

 

20. English Language The parties have agreed that these Terms of Use and all documents related thereto be drawn up in English.

 

21. Dispute Resolution If a dispute arises between you and Nuup Beauty, we aim to provide you with a resolution that is efficient and cost effective through our customer service team. You can reach our customer service for any issue resolution by calling our dedicated support line or by sending an email to support@nuupbeauty.com.

Should our customer service team be unable to resolve your dispute, the procedures described in these Terms will guide the further resolution process.

Under the laws applicable, you and Nuup Beauty agree that any claim or cause of action arising out of or related to your use of the Sites and our Community must be filed within one (1) year after such claim or cause of action arose. If not filed within that period, such claim or cause of action will be permanently barred. This time limitation does not apply to residents of New Jersey.

 

22. Legal Disputes; Class Action Waiver; Jury Trial Waiver

IF YOU ARE A U.S. RESIDENT, PLEASE PAY CLOSE ATTENTION TO THIS SECTION AS IT SIGNIFICANTLY IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

Class Action Waiver: Each party agrees to waive any rights to participate in a class or collective action. You and Nuup Beauty agree that any claim or dispute between you will be resolved on an individual basis, and that any claims brought under these Terms of Use or related to our services must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

 

Jury Trial Waiver: By agreeing to these Terms of Use, you and Nuup Beauty acknowledge and agree to waive any rights to a trial by jury. This means that any dispute arising out of or related to your use of Nuup Beauty's services or these Terms would be resolved by a judge, not a jury.

These waivers promote a quicker and less formal means of resolution and reflect our preference for resolving disputes outside of court.

23. Choice of Law/Forum Selection These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.

 

24. Severability The provisions of these Terms of Use are designed to be enforceable to the fullest extent permitted by law. Should any provision of these terms be deemed invalid, illegal, or unenforceable in any respect, such provision will be modified or restricted to the extent necessary to make it enforceable while preserving the intent of the terms. It is mutually understood and agreed that such modification or restriction may be made unilaterally by NuupBeauty, or, where necessary, by a court of competent jurisdiction.

 

If a particular provision cannot be made enforceable in any circumstance, it will be severed from these Terms of Use, but this will not affect the validity, legality, or enforceability of the remaining provisions.

 

25. Notice to Consumers Under California Civil Code Section 1789.3, California consumers have specific rights. The provider of the Sites is Nuup Beauty, located at [Your Business Address]. For any inquiries or complaints about our service, please send correspondence to the address above, email us at [Your Email Address] with "California 1789.3 Inquiry" in the subject line, or call us at [Your Business Phone Number].

 

California consumers may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Correspondence can be mailed to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or you can call at 916-445-1254 or 1-800-952-5210.

 

26. Tax Refunds Details on how to handle tax refunds for products purchased through our online store will be outlined here, ensuring compliance with local laws and regulations.

To request a tax refund, please adhere to the following guidelines. Note that Nuup Beauty does not provide legal or tax advice. The acceptance or rejection of a claim does not constitute legal or tax advice. We recommend consulting with your tax advisor or your local or state taxing authority to determine your eligibility for a sales tax exemption.

 

BY CLICKING TO ACCEPT THIS AGREEMENT, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED BY REFERENCE.

 

1. Application: Participation in the Tax Refund Program requires customers to sign in to their NuupBeauty.com account or proceed as a guest.

 

To access the Tax Refunds homepage, please click here.

 

You must submit valid tax-exempt documents corresponding to the mailing address where the goods will be shipped. Once your application is submitted, Nuup Beauty will review your documents and determine if your application is approved.

Please allow up to 10 business days for a decision. If your application is denied, you will receive an email with the reasons for denial. Applicants are allowed two attempts to apply for each tax exemption. After two denials, further applications for that exemption will not be accepted. Tax relief may also be available through your local or state taxing authority.

 

2.Limitations:
All tax exemption decisions are made at the sole but reasonable discretion of Nuup Beauty. We reserve the right to change or revoke a prior determination or approval at any time. Each purchase order must individually request a tax refund.

 

If approved, all refunds will be issued as online credit. For more information about online credit and refunds, please refer to our Terms of Use.

 

3.Representations and Warranties:

By participating in the Tax Refund Request Program, you affirm that all taxdocumentation/information provided is valid and accurately reflects your tax status. You agree to provide updated or supplementary information as necessary to maintain the accuracy of the documentation or information.

 

4.Privacy:
Nuup Beauty may collect personal information as needed to verify your tax-exempt status, used solely for validation and policy-related purposes. We will retain such information for seven years, in compliance with U.S. and Canadian tax laws. For more information on how we collect and use your personal information, please see the Nuup Beauty Privacy Policy.

 

5.Changes to Terms and Conditions:
Nuup Beauty reserves the right to modify these Terms and Conditions at any time at its solediscretion. All changes become effective immediately upon posting the updated Terms & Conditions Agreement on the NuupBeauty.com website. Your continued participation in the program after changes are posted signifies your acceptance of the new terms. Participation in this program is also subject to the comprehensive Terms of Use of Nuup Beauty.

 By making a purchase on our website, you agree to our terms and conditions. We encourage you to review them before completing your order.