HBA Store, having business address at 2227 US 1 SUITE 196B, North Brunswick, NJ, including our subsidiary (ies) and/or affiliate(s), (hereinafter also referred to as “Company/ we/ our/ us”) operates www.hbastore.com (“Website”) and sells body care and makeup products including skincare, haircare products (“Services”).

These Terms and Conditions are designed to govern your use of our website and Services when making purchases. 

By accessing, browsing, or making purchases on our website, you are acknowledging your consent and commitment to complying with these Terms and Conditions. Please take a moment to thoroughly read and understand the provisions outlined here, as they dictate your rights and obligations when interacting with our platform. 

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, WE KINDLY REQUEST THAT YOU REFRAIN FROM USING OUR WEBSITE OR MAKING ANY PURCHASES THROUGH IT.

ACCEPTANCE OF OTHER TERMS AND POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all users:

• Privacy Policy
• Cookies Policy
• Shipping Policy 
• Return and Refund Policy

LEGAL CAPACITY

You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Website and make purchases. If you are under the required age, you may use our Website and Services only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. By using our Website, you represent that you have the legal capacity and authority to enter into agreements, including these Terms and Conditions, in your jurisdiction.

You agree to comply with all applicable laws and regulations when using our Website and making purchases. If you are accessing our Website from a jurisdiction where the use of our Website is not allowed, you are not eligible to use our Services.

PRIVACY AND DATA 

HBA Store collects personal information, including names, email addresses, and payment details, to process orders, provide customer support, and enhance user experiences on our Website, while safeguarding data security through industry-standard measures. With your consent, we may send marketing communications. We use cookies to improve site functionality, and you can manage cookie preferences in your browser settings. Your data may be shared with trusted service providers for order fulfillment, or disclosed to comply with legal requirements. Links to third-party Websites are not governed by this policy. We periodically update our practices and encourage you to review this policy. For more information, please refer to our privacy and cookies policy.

USE OF WEBSITE

HBA Store is not responsible for any damages resulting from the use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.

LIMITED LICENSE

You are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party.

WEBSITE SECURITY

You agree to use this Website only in accordance with these Terms. In the event that your unauthorised use of this Website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this Website you undertake:

1. Not use our Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
2. Not use our Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Website without our express written consent;
4. Not to knowingly or recklessly contravene, in the course of using this Website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
5. Not to use this Website to make unauthorised attempts to access or interfere with any of our systems or third-party networks;
6. Not to use this Website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
7. Not to use this Website for the transmission or posting of any material which is defamatory, offensive or of an abusive, obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this Website for such purpose(s);
8. to inform us immediately of any claim or action against you for any use of this Website and, on request from us, to immediately cease the act complained of.

HBA Store is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property associated with our merchandise, including but not limited to trademarks, logos, designs, product names, and any copyrighted material, is the exclusive property of the HBA Store. You acknowledge that you have no right, title, or interest in any of our intellectual property.

HBA Store grants you a limited, revocable, non-exclusive license to use our intellectual property solely for the purpose of purchasing and using our merchandise. This license does not grant you any rights to modify, reproduce, distribute, or create derivative works from our intellectual property.

You are expressly prohibited from using our intellectual property for any purpose other than what is expressly permitted in these terms and conditions. Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited and may result in legal action. If you believe that your intellectual property rights have been violated by us or by a user of our merchandise, please contact us immediately with all relevant details. We will investigate and take appropriate action in accordance with applicable laws and regulations.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products is at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, the Company makes no warranty:

1. That the information provided on this Website is accurate, reliable, complete, or timely;
2. That the links to third-party websites are to information that is accurate, reliable, complete, or timely;
3. No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
4. As to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
5. Regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

HBA Store shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Website.

LIMITATION OF LIABILITY

HBA Store takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of these Terms. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible nor liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected. This disclaimer constitutes an essential part of these Terms.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of (a) these Terms or the breach of your warranties, representations and obligations under these Terms; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary rights of any person or entity; (e) your violation of any provision of these Terms; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of these Terms. 

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of the United States of America. Any dispute arising under this Agreement shall fall under the exclusive jurisdiction of the courts of New Jersey, United States of America.

In the event of a dispute between you and the Company, our primary objective is to offer a fair and cost-effective means of resolving the issue promptly. We strongly recommend that you first contact us in an effort to reach a resolution. If your dispute remains unresolved after contacting Customer Service, all legal notifications and formal disputes should be directed to the Company's designated email address as mentioned in the preceding clause.

We are open to exploring alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation, as permitted by the Laws of  the United States of America. The designated location for alternative dispute resolution is in New Jersey, United States of America.

MISCELLANEOUS

These Terms, including any referenced documents and policies, constitute the entire agreement between you and the Company regarding the use of our Website and Services. It supersedes all prior agreements, understandings, and representations, whether written or verbal.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining provisions will remain in full force and effect.

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of the Company.

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control.

The Company reserves the right to modify these Terms at any time. Any changes will be posted on the Website, and it is your responsibility to review these Terms periodically. Your continued use of the Website after the posting of changes constitutes your acceptance of the modified Terms.

The headings used in these Terms are for convenience and reference purposes only and do not affect the interpretation or construction of these Terms.

CONTACT US

In case you have any questions about these Terms and Conditions, please feel free to contact us at [email protected]. 

 

Effective Date: February 17, 2023.

Last Updated: February 17, 2023.