Terms & Conditions

TERMS OF SERVICE

WELCOME TO THE LYBRE WEBSITE (THE “SITE”)

This website is operated by LYBRE. Throughout the site, the terms “we”, “us” and “our” refer to LYBRE. LYBRE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.If you do not agree, you may not use any part of the Site. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 

LYBRE reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time and in our sole discretion.We will provide notice of such changed, such as by posting a notice on the Site or updating the “Last Updated” date at the beginning of these Terms.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. LYBRE strongly urges all parents to participate in their minor’s exploration of this Site.

Furthermore, although the Site is not designed for use by children under the age of 13, LYBRE does not solicit personal information from children under the age of 13. LYBRE will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted or posted personally identifiable information and the parent or guardian wishes to have it deleted, please contact the Site's host.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally, there may be information on our Site that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and product shipping charges and schedules.We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your Order). 

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. No specified update or refresh date applied in this Site should be take to indicate that all information in the Site has been modified or updated. 

  1. PRICING

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in applicable taxes. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  1. PRODUCTS OR SERVICES

All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products and to substitute products without prior notice. Given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@lybrelashes.com. Certain products or services may be available exclusively online through the website These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

By submitting your payment information to us, you authorize us (or our third party payment processor) to charge your credit card or other available payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”) in accordance with this policy. You acknowledge that the amount billed may vary due to promotional offers, changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card or other payment method to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

  1. TAXES 

We will collect applicable sales tax on products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws. 

  1. SHIPPING AND RETURNS 

We offer many products which may be shipped to you either directly from us or via a third-party fulfillment service provider. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping is handled by a third-party fulfillment service provider. When you purchase a product from us, any shipping times shown on the Site are estimates only. Actual delivery dates may vary. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the products to the third-party fulfillment service provider.

Please check all shipping addresses carefully, as we will not offer refunds for any returned products. Should you have additional questions relating to order processing and handling, returns and/or exchanges, please contact support@lybrelashes.com

  1.  LICENSE TO ACCESS AND USE OUR SITES AND CONTENT

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of LYBRE or our licensors, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, or (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of LYBRE or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. 

Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by LYBRE or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

  1. COPYRIGHT COMPLAINTS 

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at support@lybrelashes.com. 

  1. TRADEMARKS 

“LYBRE,” the LYBRE logo and any other LYBRE product or service names, logos or slogans that may appear on the Site or on LYBRE products are trademarks of LYBRE and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “LYBRE” or any other name, trademark or service name of LYBRE without our prior written permission.

  1. THIRD-PARTY LINKS

Certain content, products,services, advertisements and promotions available via our Service may include materials from third-parties. We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that LYBRE is not responsible or liable in any manner for such interactions or Third Party Content.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER CONDUCT 

You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the Site or the method by which we provide our services to our users, including:

Posting or transmitting through the Site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;

Using the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;

Reverse engineering any aspect of the Site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;

Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the Site that you are not authorized to access;

Developing any third party applications that interact with user content or the Site without our prior written consent;

Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extracting data or otherwise interfering with or modifying the rendering of Site pages or functionality; or

Using the Site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us textual, audio and/or visual content and information, including reviews and feedback related to the Site (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. INDEMNIFICATION 

By using the Site, you agree to defend, indemnify and hold harmless LYBRE, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively the “LYBRE Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of our Content, information, services and products, other than as expressly authorized in these Terms.

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

  1. DISCLAIMER OF WARRANTIES

All products and the Site and content are provided on an “as is” basis without warranties of any kind, either express or implied. NP disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site, content and products, any warranties that arise from trade usage or custom, and any warranties that the site or products will be free and clear from any adverse lien or security interests.

  1. LIMITATION OF LIABILITY

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall LYBRE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. TERMINATION

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use our products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

  1.  ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  1. GOVERNING LAW

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with LYBRE and limits the manner in which you can seek relief from us. 

All matters relating to the Site, our products and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LYBRE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating all such disputes. 

ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE, OUR PRODUCTS OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND MINIM AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND MINIM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

If you elect to seek arbitration or file a small claims court action, you must first send to LYBRE, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: LYBRE, 19528 Ventura Blvd, Tarzana Ca 91356 (the “Notice Address”). A Notice, whether sent by you or LYBRE, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated (the “Demand”). If LYBRE and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or LYBRE may commence an arbitration proceeding or, if applicable, file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

YOU AND LYBRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LYBRE agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your or LYBRE’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable.  If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to Section 22 below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

  1. SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  1. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@lybrelashes.com.