Terms of service

 

Terms of service

Effective Date:  October 9th, 2025

 Thank you for visiting www.simihazebeauty.com and our related websites that link to these Terms (collectively, the “Site”).  Except as otherwise stated herein these general terms and conditions (these “Terms”) govern your use of the Site, and your purchase, receipt or use of our cosmetics, accessories or other products under the brand “SIMIHAZE BEAUTY” (collectively, the “Products”) by SH Beauty Inc. (“SH Beauty” or “we”, “us” or “our”) on the Site.  The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you” or “your”).

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OR ANY PRODUCTS CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE ANY OF THE PRODUCTS.

IN ADDITION, THESE TERMS CONTAIN CERTAIN PROVISIONS THAT REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION AS WELL AS A TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 SH Beauty reserves the right to modify these Terms, at any time, for any reason and without notice, in our sole discretion.  Any amendments or updates to the Site shall be effective upon publication.  Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes.

Terms of Sale

1.          Users. By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years of age and are using the Site and purchasing and using the products for personal use only.  SH Beauty reserves the right to modify and/or discontinue the Site, at any time, for any reason and without notice, and to terminate a user’s account should that user be in violation of any of the policies within the Site.  By accessing the Site, you also acknowledge and agree that you a permitted by your jurisdiction’s applicable law to use or engage with the Site. You may not use or engage with the Site if you are under thirteen (13) years of age.  Your use of the Site between the ages of thirteen (13) and eighteen (18) requires your parent or legal guardian’s permission to use or access the Site. 

 

2.          Orders.  All orders are subject to written acceptance by SH Beauty.  Receipt and acceptance of an order, or rejection thereof, by SH Beauty shall be confirmed by email sent to the email address indicated by the Customer when submitting the order.  If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with SH Beauty regarding such order.  Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation email, attaching an invoice showing the total price paid for the Product(s), inclusive of shipping costs and sales taxes.  This information may also be accessed through the “Orders” section of your account. Orders shall be filled in the order in which they are received by SH Beauty, subject to availability, and SH Beauty reserves the right to make partial shipments of an order. SH Beauty reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a customer. Unless otherwise agreed to by SH Beauty, payment must be received by SH Beauty prior to SH Beauty’s acceptance thereof. SH Beauty shall not be liable to the customer or any other third party for refusing to process or accept an order after the customer has received an order confirmation.  In the event that SH Beauty, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by SH Beauty, SH Beauty shall notify the customer in writing by email and refund the customer any payment or portion thereof that SH Beauty received for the applicable order or portion thereof.  If only certain Products ordered by the Customer are unavailable, any products forming part of the same order which are still available will be shipped and charged to the Customer. 

 

3.          Products.  The only Products offered for sale by SH Beauty are those shown on the Site.  SH Beauty reserves the right to modify or discontinue any product offered for sale on the Site without notice any time.  Further, you acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the products and their features.  Products may have slight variations, including, but not limited to, variations in color, from the images shown on the Site, as a result of the different devices used to view the Site or browser settings.

 

4.          Prices and Payment Methods.  All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.

We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, SH Beauty shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by SH Beauty after payment has already been made, SH Beauty will promptly refund the amount of the incorrect price to the Customer.

The price of the Products, shipping and delivery costs and applicable sales taxes will be charged to your account when SH Beauty is ready to ship the Products.  Products will not be shipped unless and until full payment has been received and cleared by SH Beauty.  Payment for the Products may be made by credit card, debit card, Apple Pay, Google Pay, PayPal or any other alternative method listed on the Site.  All payments made through the Site are secure; for more information on SH Beauty’s secure collection of your payment information, please visit our Privacy Policy.

At checkout, the Customer may apply any coupons or other promotional codes offered by SH Beauty.  The system will automatically adjust the total order amount, deducting any discounts or allowances.  Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order, and promotional codes cannot be transferred to others or redeemed for cash or credit.  In the event Products are purchased in whole or in part by applying a coupon or promotional code, and the Customer returns such Product(s) in accordance with our Return Policy, only the portion of the purchase price actually paid by the Customer will be refunded, and the Customer shall not be refunded the full price that he/she would have paid had the coupon or promotional code not been applied.

5.           Shipping.  When you make a purchase on the Site, you agree to pay any shipping and handling charges shown to you at the time of purchase. Shipping costs shall be entirely borne by the customer in advance of shipment; however, Standard Ground Shipping will be included for orders over $50 if the shipment address is located in the 48 contiguous US states and over $150 if the shipment address is located in Alaska, Hawaii or Puerto Rico. This does not apply to international shipments.

Products shall be shipped to the address indicated by the Customer upon placing the order as soon as reasonably practicable after SH Beauty’s receipt of payment in full for the order.  Generally, SH Beauty ships within 24 to 48 business hours of receipt of payment in full; provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms are estimates only and such estimates shall not be deemed a representation by SH Beauty.  SH Beauty shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and you shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.  Notwithstanding the foregoing, in the event that SH Beauty is unable to ship an order within thirty (30) days of receipt of placing an order, the Customer will receive an email from SH Beauty notifying the Customer of the delay in shipment.  At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.

For shipments in the US, upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer.  Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.

The purchase, use and sale of the Products shall be personal use only, and SH Beauty reserves the right, at any time, in its sole discretion to refuse shipments to resellers or dealers.  Products you purchase may NOT be resold or exported; nor sold or transferred (leased or otherwise) to restricted end users according to United States export and sanctions laws. 

6.          Additional Terms for International Sales.  International Shipments may be subject to customs and duty fees as defined by the country of import.  If assessed, customs and duty fees are your responsibility in addition to any shipping costs. They are not included in the order cost and cannot be calculated upfront. For a specific breakdown of these charges, we recommend you contact your local customs office.

The risk of loss and title to the Products will pass at the time we transfer the Products to the common carrier (or shipping agent) in the United States from which your order is shipped. If you are placing an order for delivery outside of the United States, by placing the order, you authorize SH Beauty to arrange for one or more carrier to transport the Products to you.

7.           Return Policy.  Please review our Shipping and Return Policy prior to completing your purchase.

 

8.                  License.  All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of SH Beauty, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws.  Except as expressly permitted in these Terms, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of SH Beauty, its affiliates, and/or its content suppliers, as the case may be, in each specific instance.  You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “SH Beauty,” “Simihaze” or any other colorable equivalent without the prior express written consent of SH Beauty.  SH Beauty, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.  SH Beauty, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content.  Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by SH Beauty, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use.  No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).  You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content.  The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Content.

Your use of the Site may be for lawful purposes and is available to you on a personal and non-commercial use basis, which is limited to accessing and perusing the Site, purchasing the Products and/or providing feedback to the Site. You acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Site will cause irreparable harm to SH Beauty and that in such event money damages will not constitute sufficient compensation to SH Beauty.  Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Site, you specifically consent to SH Beauty obtaining injunctive relief against you in addition to any other legal or financial remedies to which SH Beauty may be entitled.

9.          Intellectual Property.  SIMIHAZE is a trademark of SH Beauty.  All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of SH Beauty or its affiliates, subsidiaries or suppliers.  SH Beauty and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property.  You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of SH Beauty or the applicable Intellectual Property owners.

SH Beauty vigorously enforces its intellectual property rights to the fullest extent permitted by law.  Accordingly, SH Beauty will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

10.       User Content.  Our Site may allow You or other users to create, post and share content which includes but is not limited to, photos, videos, messages, graphics, videos, sounds, music, audio recordings, text, and other content (collectively, “User Content”).  Except for the license you grant below, we do not claim ownership of User Content. By posting or submitting User Content to SH Beauty on our Site, you grant SH Beauty a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformate, create derivative works from, sell, display, transmit, host, store, cache, use or otherwise exploit all or any portion of your User-Content, which may also include your likeness and the likeness of any other person depicted therein (including any minor child) for promotional purposes, emails, web pages, social medial accounts, or similar, without further notice to you.  Neither you nor any other person or entity will have right to (a) receive consideration of any kind, e.g. royalties, in connection with SH Beauty’s use of your User Content; (b) inspect or review any material that may be used by SH Beauty, e.g., concepts, ideas, etc., which may contain your User Content. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.  Likewise, SH Beauty does not guarantee the truthfulness or reliability of any User Content or endorse the opinions expressed by you or anyone else.

You are solely responsible for your User Content and by submitting or posting User Content you fully and unconditionally release and forever discharge SH Beauty, its officers, directors, employees, and agents from any and all claims, damages and demands, whether known or unknown, of every kind and nature arising out of or in connection with (a) disputes between you and any other user of the Site with respect to your User Content, and/or (b) the use by SH Beauty or you of the User Content pursuant to these terms, including any claims that your User Content violates any intellectual property rights.

11.       DISCLAIMER OF WARRANTIES AND RELEASE.  YOU ASSUME ALL RESPONSIBILITY AND RISK WHEN YOU ACCESS THE SITE, AND PURCHASE AND USE THE PRODUCTS.  THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SH BEAUTY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER SH BEAUTY NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU.  WITHOUT LIMITING THE FOREGOING, SH BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SH BEAUTY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND,  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, ACCURACY, COMPLETENESS, AND AVAILABILITY OF CONTENT, UNINTERRUPTED ACCESS TO THE SITE, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. SH BEAUTY OR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM SH BEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SH BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING.  THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY).  NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.   IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN STATES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SH BEAUTY’S PERFORMANCE UNDER THESE TERMS IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF SH BEAUTY’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT SH BEAUTY IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, SH BEAUTY’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, SH BEAUTY’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

SH Beauty makes no warranties of any kind regarding any third-party sites to which you may be directed via hyperlink from this Site.  These third party hyperlinks are provided solely for your convenience, and SH Beauty makes no representations or warranties with respect to any content, safety, suitability of information provided by such sites.

12.       Indemnity.  You agree to indemnify and hold SH Beauty, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials you provide infringes any third-party proprietary right. You further agree to reimburse SH Beauty, within thirty (30) for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by SH Beauty (or such other indemnitee) in connection with the foregoing indemnity.

13.       Force Majeure.  SH Beauty shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with SH Beauty related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

14.       Customer Service.  SH Beauty’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms Sale by writing to customerservice@simihazebeauty.com.

15.       Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

16.       DISPUTE RESOLUTION AND BINDING ARBITRATION.  YOU AND SH BEAUTY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SH BEAUTY, OUR SHAREHOLDERS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING PRODUCTS OR SERVICES TO YOU ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, YOUR USE AND ACCESS OF THE SITE, THESE TERMS, INCLUDING THE BREACH, TERMINATION AND VALIDITY THEREOF, SH BEAUTY’S ADVERTISING (INCLUDING THIRD PARTIES WHO ARE NOT SIGNATORIES TO THESE TERMS) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SH BEAUTY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be class arbitration).  If for any reason a claim proceeds in court rather than in arbitration, each of you and SH Beauty waive any right to a jury trial. Moreover, both of you and SH Beauty agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

This arbitration provision shall survive the end of the relationship between you and SH Beauty, including without limitation, cancellation or deletion of your account, opt-out of marketing, or end of participation in any SH Beauty program or service.

17.       Privacy Policy.  Notwithstanding anything else to the contrary contained in these Terms, SH’s Beauty’s use of any personal information (name, address, email, etc.) that you provide to the Site shall be governed by our Privacy Policy.  For further information regarding SH Beauty’s protection of your personal information please click here https://simihazebeauty.com/policies/privacy-policy.

18.    Miscellaneous. You shall not assign any of your rights or delegate any of your obligations under these Terms without priors Beauty’s prior written consent. Any purported assignment or delegation is null and void. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SH Beauty. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Any claim or cause of action you may have with respect to the Site or SH Beauty must be commenced within one (1) year after the claim or cause of action arose or be forever barred. SH Beauty’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  These Terms, our Site, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email or write to us at: SH Beauty Inc., 350 Fifth Avenue, 41^st Floor, New York, NY 10118.

19.    CISG. The parties expressly agree that the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.