Terms of service

Terms of Service - Nubiana Beauty

Effective Date: January 2025
Last Updated: January 2025

1. Introduction and Acceptance of Terms

Welcome to Nubiana Beauty ("we," "us," "our," or "Company"), accessible at trynubiana.com. These Terms of Service ("Terms") govern your use of our website (the "Website") and the purchase of our Korean-African fusion skincare products.

By accessing or using our Website, placing a pre-order, or purchasing our products, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Website or purchase our products.

These Terms constitute a legally binding agreement between you ("you," "your," or "Customer") and Nubiana Beauty. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this page with an updated "Last Updated" date.

2. About Our Products and Services

2.1 Product Overview

Nubiana Beauty specializes in premium skincare products that blend Korean skincare science with African heritage ingredients. Our current product line includes:

  • Nubiana Glow Body Oil - Lightweight body oil with African marula oil and natural mica
  • Nubiana Gentle Cleansing Face Oil - Double-cleansing facial oil with marula and sunflower oils
  • Nubiana Razor Bump Treatment Oil - Targeted treatment for razor bumps and ingrown hairs
  • Complete Care Trio Bundle - All three products at a discounted price

2.2 Pre-Order Model

All products are currently available as pre-orders only. This means:

  • Products are manufactured after orders are placed
  • Shipping occurs within 2-4 days of order placement
  • Full refunds are available until shipping date
  • This is a product validation process to gauge market demand

2.3 Product Claims

Our skincare products are cosmetic products intended for topical use. They are not intended to diagnose, treat, cure, or prevent any medical condition. Individual results may vary based on skin type, usage, and other factors.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old to use our Website and purchase our products. By using our Website, you represent and warrant that you are at least 18 years of age.

3.2 Account Information

When creating an account or placing an order, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the confidentiality of your account credentials
  • Accept responsibility for all activities under your account
  • Update your information promptly when changes occur

3.3 Prohibited Users

You may not use our Website if you:

  • Are prohibited from receiving our products under applicable laws
  • Have been previously suspended or banned from our services
  • Are using our services for any illegal or unauthorized purpose

4. Pre-Order Terms and Conditions

4.1 Pre-Order Process

When you place a pre-order:

  • Payment is processed immediately upon order placement
  • You receive order confirmation via email
  • Production begins based on aggregate demand
  • You receive regular updates throughout the 8-week production period

4.2 Pre-Order Cancellation Rights

You may cancel your pre-order at any time before shipping for a full refund. To cancel:

  • Email hello@trynubiana.com with your order number
  • Refunds are processed within 5-7 business days
  • No questions asked cancellation policy applies

4.3 Production Timeline

  • Standard timeline: Products ship within 2-4 days of order placement
  • Email updates: Regular production updates sent to customers
  • Shipping notification: 24-48 hours advance notice before shipping
  • Tracking information: Provided once order ships

4.4 Founding Member Benefits

Pre-order customers receive exclusive founding member benefits:

  • First access to new products
  • Behind-the-scenes production content
  • Exclusive skincare tips and application guides
  • VIP customer status for future releases

5. Product Information and Pricing

5.1 Product Descriptions

We strive to provide accurate product descriptions, ingredients, and usage information. However, we do not warrant that product descriptions or other content on our Website is completely accurate, current, or error-free.

5.2 Pricing and Availability

  • Individual Products: Glow Body Oil ($22), Cleansing Face Oil ($18), Razor Bump Treatment ($19)
  • Bundle Pricing: Complete Care Trio ($48 - Save $11)
  • All prices are in USD and subject to change without notice
  • Limited first production run - availability not guaranteed

5.3 Product Images

Product images are mockups and renderings for illustrative purposes. Actual products may vary slightly in appearance from images displayed on our Website, including packaging design and product color variations.

6. Payment and Order Processing

6.1 Payment Terms

  • Payment is required at time of pre-order placement
  • We accept major credit cards and approved payment methods
  • All transactions are processed securely through our payment partners
  • You must be authorized to use the payment method provided

6.2 Order Acceptance

All pre-orders are subject to our acceptance. We reserve the right to refuse or cancel any order for reasons including:

  • Product unavailability or production issues
  • Pricing or technical errors on our Website
  • Suspected fraudulent activity
  • Violation of these Terms
  • Geographic shipping restrictions

6.3 Taxes and Fees

  • Prices include applicable sales tax where required
  • Shipping charges calculated at checkout
  • International orders may incur additional customs duties (customer responsibility)

7. Shipping and Delivery

7.1 Shipping Policy

  • Domestic shipping: Available throughout the United States
  • International shipping: Select countries (restrictions apply)
  • Shipping costs: Calculated based on destination and method selected
  • Delivery timeframe: 8 weeks production + standard shipping time

7.2 Risk of Loss

Title and risk of loss for products pass to you upon delivery to the shipping address provided. We are not responsible for packages lost, stolen, or damaged after confirmed delivery.

7.3 Shipping Address Changes

Shipping addresses may be updated until production begins (approximately 2 weeks after order). After production starts, address changes may not be possible.

8. Returns, Refunds, and Exchanges

8.1 Pre-Order Refund Policy

Full refunds available until shipping date. See our separate Return Policy for complete details.

8.2 Post-Delivery Returns

  • 30-day return window after delivery
  • Unopened products: Full refund available
  • Opened products: Store credit for future purchases
  • Damaged/defective products: Full replacement or refund

8.3 Non-Returnable Items

For health and safety reasons, we cannot accept returns on:

  • Products returned after 30 days from delivery
  • Products damaged by misuse or normal wear
  • Items without original packaging or labels

9. Skin Safety and Usage Guidelines

9.1 Patch Testing Recommendation

We strongly recommend patch testing all new skincare products:

  • Apply small amount to inner wrist or behind ear
  • Wait 24-48 hours for any reaction
  • Discontinue use if irritation occurs
  • Consult dermatologist if severe reaction develops

9.2 Usage Instructions

  • Follow application guides provided with each product
  • Start with small amounts to assess skin tolerance
  • Store properly in cool, dry place away from direct sunlight
  • Check expiration dates and use products within recommended timeframe

9.3 Allergic Reactions

If you experience any adverse reaction:

  • Discontinue use immediately
  • Rinse affected area with water
  • Contact healthcare provider if reaction persists
  • Email us at hello@trynubiana.com to report the incident

10. Intellectual Property Rights

10.1 Our Content

All Website content, including text, graphics, logos, images, product descriptions, and software, is the property of Nubiana Beauty or its licensors and is protected by intellectual property laws.

10.2 Trademarks

"Nubiana," "Korean-inspired skincare meets African heritage," our logo, and other marks are trademarks of our company. Unauthorized use is prohibited.

10.3 User-Generated Content

By submitting reviews, testimonials, photos, or other content:

  • You grant us non-exclusive, royalty-free license to use such content
  • You represent that content is original and does not infringe third-party rights
  • We may use your content for marketing and promotional purposes
  • You retain ownership of your original content

11. Privacy and Data Protection

11.1 Data Collection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, incorporated into these Terms by reference.

11.2 Marketing Communications

By placing an order, you consent to receive:

  • Order confirmation and shipping updates
  • Educational content about Korean-African skincare
  • New product announcements and exclusive offers
  • Behind-the-scenes production updates

You may unsubscribe from marketing emails at any time.

11.3 Analytics and Tracking

We use analytics tools (Google Analytics, Facebook Pixel, TikTok Pixel) to improve our Website and marketing. See our Privacy Policy for details.

12. Prohibited Uses

You agree not to use our Website or services to:

  • Violate any applicable laws or regulations
  • Transmit harmful, threatening, abusive, or defamatory content
  • Impersonate any person or entity or misrepresent affiliation
  • Engage in fraudulent activity or payment disputes
  • Attempt unauthorized access to our systems or user accounts
  • Interfere with Website functionality or other users' experience
  • Harvest user information or use for unauthorized commercial purposes
  • Circumvent any technical measures we use to prevent prohibited use

13. Third-Party Services and Links

13.1 Third-Party Integration

Our Website integrates with third-party services including:

  • Payment processors (Stripe, Square)
  • Email marketing platforms (Mailchimp, Klaviyo)
  • Analytics and advertising platforms
  • Social media platforms

13.2 External Links

We may provide links to third-party websites or services. We are not responsible for their content, privacy policies, or practices. Your interactions with third-party sites are governed by their respective terms.

14. Limitation of Liability

14.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14.2 Limitation of Damages

IN NO EVENT SHALL NUBIANA BEAUTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO OUR PRODUCTS OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

14.4 Skin Reactions

While we use high-quality ingredients, individual skin reactions can occur. Our liability for any skin reaction is limited to product replacement or refund, not medical expenses or other damages.

15. Indemnification

You agree to indemnify, defend, and hold harmless Nubiana Beauty and our officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

  • Your use of our Website or products
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any false or misleading information you provide
  • Any skin reaction or adverse event from product use

16. Force Majeure

We shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including:

  • Natural disasters, pandemics, or acts of God
  • War, terrorism, or civil unrest
  • Labor disputes or strikes
  • Government actions or regulatory changes
  • Supply chain disruptions or manufacturing delays
  • Technical failures or cyberattacks

17. Termination

17.1 Termination Rights

We reserve the right to terminate or suspend your access to our Website and services at any time, with or without notice, for any reason, including violation of these Terms.

17.2 Effect of Termination

Upon termination:

  • Your right to use our Website ceases immediately
  • Outstanding orders may be canceled and refunded
  • Provisions that should survive termination will remain in effect

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles.

18.2 Jurisdiction

Any disputes arising from these Terms or your use of our Website shall be resolved in the state and federal courts located in [Your County and State].

18.3 Alternative Dispute Resolution

Before filing any lawsuit, you agree to first contact us at hello@trynubiana.com to attempt to resolve the dispute informally. For disputes under $10,000, we may require binding arbitration.

19. Miscellaneous Provisions

19.1 Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force.

19.2 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

19.4 Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Nubiana Beauty regarding your use of our Website and purchase of our products.

20. Contact Information

If you have any questions about these Terms of Service, please contact us:

Nubiana Beauty
Email: hello@trynubiana.com
Website: trynubiana.com

Response Time: Within 24 hours on business days

By using our Website and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for joining the Nubiana family and supporting Korean-African fusion skincare innovation.