Terms of service

BAY HARBOR BEAUTY — TERMS OF SERVICE

Last Updated: 05/11/2026

QUICK SUMMARY (Not Legal — See Full Terms Below)

• These Terms govern your use of the Bay Harbor Beauty website and your purchases from us.

• Our products are cosmetics, not medical treatments. Patch test before use.

• All products are made-to-order in small batches. Allow 2–3 business days for production before shipment.

• We offer subscriptions, gift cards (periodically), and an affiliate program — each has its own terms below.

• We link to and embed third-party content (including YouTube videos and reviewer content) — those are governed by third-party terms, and any product claims in third-party content are not endorsed by us.

• Subscriptions can be cancelled anytime through your account or by emailing us.

• Disputes will be resolved through binding arbitration in Texas unless you opt out within 30 days (see Section 32).

• We ship only within the United States.

The summary above is for convenience only. The full Terms below are what’s legally binding.

INTRODUCTION AND ACCEPTANCE

This website at bayharborbeauty.com is operated by Bay Harbor Beauty (“Bay Harbor Beauty,” “we,” “us,” or “our”). We offer this website, including all information, tools, products, and services available from this site (collectively, the “Service” or “Site”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing, browsing, or using this Site, by creating an account, or by placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms,” “Agreement”) and all incorporated policies, including our Privacy Policy and Returns Policy. If you do not agree to these Terms, do not use the Site or purchase from us.

These Terms apply to all users of the Site, including browsers, customers, and contributors of content. Any new features or tools added to the Site shall also be subject to these Terms.

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to this page. The “Last Updated” date at the top of this page reflects the most recent revision. Your continued use of the Site following any update constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products to you.

SECTION 1 — ELIGIBILITY AND ONLINE STORE TERMS

By agreeing to these Terms, you represent that:

(a) You are at least the age of majority in your state of residence (18 in most U.S. states), or you are using this Site under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf.

(b) You will not use our products or Service for any unlawful or unauthorized purpose.

(c) You will not violate any laws in your jurisdiction in your use of our Service (including but not limited to copyright laws).

(d) You will not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will result in immediate termination of your access to our Service.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, consistent with applicable law.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without our express written permission.

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

SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

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

This Site may contain historical information that is not current. We reserve the right to modify the contents of the Site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes to our Site.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

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

SECTION 5 — PRODUCTS AND SERVICES

Certain products are available exclusively online through this Site. These products may have limited quantities and are subject to return or exchange only as described in our Returns Policy.

Display Variation. We have made every effort to display product colors, packaging, and images as accurately as possible. We cannot guarantee that your device’s display of any color will be accurate.

Natural Product Variation. Because all Bay Harbor Beauty products are formulated by hand in small, made-to-order batches, minor variation between batches in color, scent, viscosity, or texture is normal and does not indicate a defective product. This is a characteristic of fresh, handcrafted cosmetic formulations and is not grounds for return unless the product is materially defective.

Right to Limit Sales. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction, including limiting quantities per order, per household, or per customer. All product descriptions, availability, and pricing are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time. Any offer made on this Site is void where prohibited.

No Warranty of Results. We do not warrant that our products will meet your expectations, produce specific results, or that any errors in the Service will be corrected. Individual experiences and results vary based on skin type, product use, and other factors.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order at our sole discretion. We may limit quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or the same billing/shipping address.

Fraud Prevention. We reserve the right to verify orders for fraud, including by contacting you to confirm order details before processing. Orders that appear suspicious, fraudulent, or in violation of these Terms may be held, delayed, or cancelled without notice. We may also decline to process orders from addresses or accounts associated with prior chargebacks, fraud, or abuse.

Order Changes. In the event we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time the order was placed.

Reseller Restrictions. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers, or distributors.

Your Responsibilities. You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and payment information as needed.

For details on returns, refunds, and exchanges, please review our Returns Policy.

SECTION 7 — ACCOUNTS AND ACCOUNT SECURITY

You may create a customer account to track orders, manage subscriptions, and access certain features. By creating an account, you agree to:

(a) Provide accurate, current, and complete information during registration;

(b) Maintain the security and confidentiality of your account credentials, including your password;

(d) Accept responsibility for all activity that occurs under your account, whether or not authorized by you.

We are not liable for any loss or damage arising from your failure to maintain account security. We reserve the right to suspend or terminate accounts that violate these Terms or that we suspect are being used for unauthorized purposes.

SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools (such as Klaviyo for email and SMS, RecurPay for subscriptions, and others) over which we have no control or input.

You acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of third-party tools is at your own risk and discretion, and you should review the terms and policies of those third-party providers.

We may, in the future, offer additional features, services, or tools through the Site, which shall also be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS, EMBEDDED CONTENT, AND EXTERNAL REVIEWS

The Site may include links to, embedded content from, or references to third-party websites, services, and content, including YouTube videos, social media platforms (such as X, Instagram, and others), third-party reviewers and creators, and external service providers. We are not responsible for the content, accuracy, privacy practices, or terms of any third-party services or content.

YouTube and Embedded Video Content. Videos embedded from YouTube are governed by YouTube’s Terms of Service and Google’s Privacy Policy, available at youtube.com and policies.google.com. By viewing embedded YouTube videos on our Site, you may be subject to data collection by Google/YouTube according to their privacy practices, including cookie placement, viewing history tracking, and ad personalization. We do not control what data Google or YouTube collects, stores, or processes through embedded content. If you do not wish to be tracked by these services, you may use browser extensions, adjust your YouTube/Google account privacy settings, or refrain from viewing embedded videos.

Social Media Links. Links to our social media profiles (such as Instagram, X, YouTube) direct you to platforms governed by those platforms’ own terms and privacy policies. Your interactions on those platforms are not subject to these Terms.

Third-Party Reviews, Demonstrations, and Commentary. We may link to, embed, reference, or feature third-party content about Bay Harbor Beauty products, including reviews, demonstrations, comparisons, tutorials, opinions, or commentary created by YouTube creators, bloggers, social media users, journalists, or other independent reviewers (collectively, “Third-Party Content”). By featuring or linking to Third-Party Content, we are providing it for informational purposes only. You acknowledge and agree that:

• Third-Party Content reflects the opinions, experiences, and statements of the creators of that content and does not necessarily reflect the views, claims, or guarantees of Bay Harbor Beauty.

• Individual results, claims, or experiences described in Third-Party Content are not typical and are not guaranteed for any customer. Your results may vary based on skin type, product use, environmental factors, and other variables.

• Some third-party reviewers may have received Bay Harbor Beauty products at no cost, discounted products, affiliate commissions, free services, or other consideration in connection with creating Third-Party Content. Where required by the Federal Trade Commission’s Endorsement Guides, material connections between Bay Harbor Beauty and third-party reviewers should be disclosed in or alongside the Third-Party Content; we contractually require third-party reviewers and affiliates to comply with all applicable disclosure requirements, including the FTC's Endorsement Guides. While we monitor and enforce compliance to the best of our ability, we cannot guarantee that every individual creator will comply in every instance. Bay Harbor Beauty actively works to ensure compliance and will take corrective action, including terminating relationships with non-compliant parties, upon becoming aware of disclosure failures.

• We do not adopt, endorse, or warrant the accuracy of any specific claim, statement, demonstration, recommendation, or representation made in Third-Party Content, including statements about product ingredients, results, comparisons, or suitability for any particular skin type or condition.

• To the extent any Third-Party Content makes claims that our products diagnose, treat, cure, or prevent any disease or medical condition, those claims are not authorized by Bay Harbor Beauty, are not consistent with our cosmetic product disclaimers (see Section 26), and should be disregarded. Our products are cosmetics, not medical treatments, regardless of how they may be characterized in any third-party material.

• We are not responsible for any updates, edits, or removals made by third parties to content we have linked or referenced. Linked content may change over time without our knowledge.

• We do not control and are not responsible for any comments, replies, or user-generated reactions associated with Third-Party Content (such as YouTube comments under embedded videos).

General. We are not liable for any harm or damages related to the purchase or use of goods or services from any third-party website or platform, or for any reliance on Third-Party Content. Please review carefully any third-party’s terms, policies, and practices before engaging in any transaction or interaction. Complaints, claims, or questions regarding third-party products, services, or content should be directed to that third party.

SECTION 10 — USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you send us creative ideas, suggestions, proposals, plans, comments, reviews, or other materials (collectively, “Submissions”), whether at our request or unsolicited, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Submissions in any medium. We are under no obligation to (1) maintain Submissions in confidence, (2) compensate you for Submissions, or (3) respond to Submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions will not contain unlawful, abusive, or obscene material, or any computer virus or malware. You may not use a false email address, impersonate another person, or otherwise mislead us as to the origin of any Submissions. You are solely responsible for your Submissions and their accuracy.

SECTION 11 — PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Depending on your state of residence, you may have additional rights regarding your personal information under applicable state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and the Connecticut Data Privacy Act (CTDPA). Please refer to our Privacy Policy for details on how to exercise your rights.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted an order. This applies regardless of whether payment has been processed.

We undertake no obligation to update, amend, or clarify information on the Site except as required by law.

SECTION 13 — PROHIBITED USES

In addition to other prohibitions set forth in these Terms, 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;

(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;

(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;

(k) To interfere with or circumvent the security features of the Site or any related website;

(l) To abuse, manipulate, or fraudulently obtain promotional offers, discount codes, referral credits, loyalty rewards, gift cards, or returns.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses, and to take any legal action available to us.

SECTION 14 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

DISCLAIMER. We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time, without notice.

“AS IS” BASIS. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through the Service are (except as expressly stated by us) provided “AS IS” and “AS AVAILABLE” without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

LIMITATION OF LIABILITY. In no case shall Bay Harbor Beauty, 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 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:

(a) Your use of any product or the Service;

(b) Any errors or omissions in any content, including Third-Party Content;

(c) Any loss or damage incurred as a result of the use of any content or product posted, transmitted, or made available via the Service;

even if advised of the possibility of such damages.

MAXIMUM LIABILITY. To the maximum extent permitted by law, our total cumulative liability to you for any claim arising out of or relating to these Terms or your use of the Service shall not exceed the amount you paid to us for the product or service giving rise to the claim in the six (6) months preceding the claim.

Because some states or jurisdictions do not allow the exclusion or 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.

SECTION 15 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Bay Harbor Beauty and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 16 — RISK OF LOSS AND TITLE TRANSFER

Title to products and risk of loss for products purchased from us pass to you upon our delivery to the carrier. Once a package leaves our facility, the shipping carrier is responsible for delivery. While we are happy to assist you in resolving issues with lost or damaged packages, claims for shipping-related issues must generally be filed with the carrier. We are not responsible for delays, damage, or loss caused by the carrier or by circumstances beyond our control after shipment.

SECTION 17 — FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance of obligations under these Terms (other than payment obligations) due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, pandemics or public health emergencies, war, terrorism, civil unrest, government action, labor disputes, supply chain disruptions, fires, floods, power outages, internet outages, or carrier delays. Performance under these Terms shall be suspended for the duration of the force majeure event.

SECTION 18 — SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the Site.

If, in our sole judgment, you fail (or we suspect that you have failed) to comply with any term of these Terms, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Survival. The following sections survive termination of these Terms: Sections 5 (Products and Services), 9 (Third-Party Links, Embedded Content, and External Reviews), 10 (User Submissions), 11 (Personal Information), 14 (Disclaimer of Warranties; Limitation of Liability), 15 (Indemnification), 16 (Risk of Loss), 18 (Severability), 25 (Choice of Law), 26 (Cosmetic Product Disclaimer), 29 (Gift Cards), 30 (Affiliate Program), and 32 (Arbitration and Class Action Waiver).

SECTION 20 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms, in whole or in part, to any successor, affiliate, or acquirer of our business or assets without your consent. These Terms inure to the benefit of, and are binding upon, the parties and their respective successors and permitted assigns.

SECTION 21 — NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

SECTION 22 — ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Returns Policy, and any other policies or operating rules posted on the Site, constitute the entire agreement between you and us regarding the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 23 — CHANGES TO TERMS OF SERVICE

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

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

SECTION 24 — ELECTRONIC COMMUNICATIONS AND CONSENT

By using our Site, creating an account, or making a purchase, you consent to receive communications from us electronically, including emails, text messages (if you opt in), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

SECTION 25 — CHOICE OF LAW AND FORUM

(A) You and Bay Harbor Beauty mutually agree that the relationship between the parties shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

(B) Subject to the binding arbitration provision in Section 32, you and Bay Harbor Beauty mutually agree that any claims, causes of action, or disputes arising out of or relating to this Agreement or the relationship between you and Bay Harbor Beauty shall be filed within the state courts having jurisdiction within Fort Bend County, Texas, or the U.S. District Court for the Southern District of Texas. In the event that Bay Harbor Beauty asserts a right to indemnification under this Agreement with respect to any third-party action filed and pending in a court of another jurisdiction, Bay Harbor Beauty may assert such claim for indemnification in the court in which such third-party action has been filed. You and Bay Harbor Beauty agree to submit to the jurisdiction of these courts and waive any objection to the exercise of jurisdiction or venue.

SECTION 26 — COSMETIC PRODUCT DISCLAIMER

Bay Harbor Beauty products are cosmetics intended for external use only. They are not drugs, medications, or medical treatments. Our products are not intended to diagnose, treat, cure, or prevent any disease, condition, or illness. Statements made about our products have not been evaluated by the U.S. Food and Drug Administration (FDA).

Individual results may vary. We recommend that you:

• Patch test all products on a small area of skin before first use.

• Discontinue use immediately if irritation, redness, swelling, burning, or any other adverse reaction occurs.

• Consult a licensed dermatologist or healthcare professional for any persistent skin concerns, medical conditions, or before using our products if you are pregnant, nursing, or under medical care.

• Review all ingredient lists carefully before purchase if you have known allergies or sensitivities.

• Use products only as directed.

This disclaimer applies to all representations about our products, including any statements made by third-party reviewers, influencers, content creators, or other persons whose content we may link to, embed, or reference on our Site. Claims that our products treat, cure, or prevent any disease or medical condition — wherever they appear — are not authorized by Bay Harbor Beauty and should be disregarded. See Section 9 for additional terms regarding third-party content.

You assume full responsibility for your use of our products. By purchasing and using Bay Harbor Beauty products, you acknowledge that you have read, understood, and agree to this disclaimer. To the maximum extent permitted by law, Bay Harbor Beauty is not liable for any allergic reactions, irritations, or other adverse effects resulting from product use.

SECTION 27 — MADE-TO-ORDER PRODUCTION POLICY

All Bay Harbor Beauty products are formulated and produced fresh after your order is placed. This ensures peak potency of active ingredients but means orders are not pulled from pre-made inventory.

By placing an order, you acknowledge and agree that:

• Production typically requires 2–3 business days before your order ships.

• Total delivery time is production time plus standard shipping transit time.

• Minor batch-to-batch variation in color, scent, viscosity, or texture is normal for handcrafted formulations and does not indicate a defective product.

• Because each product is custom-made for your order, return eligibility may be limited as described in our Returns Policy.

• We are not responsible for delays caused by carrier issues, weather, or other circumstances beyond our control once a package has shipped.

• Orders cannot be cancelled or modified once production has begun. Please review your cart carefully before completing checkout.

SECTION 28 — SUBSCRIPTION TERMS

Bay Harbor Beauty offers subscription-based recurring orders through a third-party subscription management partner. By enrolling in a subscription, you authorize Bay Harbor Beauty to automatically charge your designated payment method on the recurring schedule you select (for example, every 35 or 65 days) until you cancel.

Charges at Each Renewal. Your payment method will be charged the price in effect at the time of each renewal, including any applicable taxes and shipping fees. We will notify you of any material price changes affecting your subscription in advance of the next renewal.

Cancellation. You may cancel your subscription at any time through your customer account, by replying to any subscription notification email, or by contacting us directly at the email listed in Section 34. Cancellations made before the next scheduled charge will prevent further billing. Cancellations made after a renewal charge has been processed will apply to subsequent renewals only.

Pausing or Modifying Subscriptions. You may pause, skip, modify, or change the frequency of your subscription through your customer account at any time.

Refunds for Subscription Orders. Standard refund and return policies apply to subscription orders as detailed in our Returns Policy. We do not refund subscription orders that have already entered production solely because cancellation was not completed before the renewal date.

Failed Payments. If your payment method fails at renewal, we will attempt to charge it again. If repeated attempts fail, your subscription may be paused or cancelled.

State-Specific Subscription Rights. Customers in various U.S. states, and other states with automatic renewal laws have specific rights under those laws. Where state law provides greater protections than these Terms, state law applies.

Made-to-Order Lead Times Apply. Subscription orders are subject to the same made-to-order production timelines outlined in Section 27.

SECTION 29 — GIFT CARDS

Bay Harbor Beauty offers gift cards periodically for purchase on our Site. Gift cards are subject to the following terms:

Issuance and Use. Gift cards may be purchased at bayharborbeauty.com when available. Gift cards are typically delivered electronically via email to the recipient designated at purchase. Gift cards may be redeemed only at bayharborbeauty.com toward eligible purchases by entering the gift card code as payment at checkout.

No Expiration; No Fees. Gift cards do not expire and are not subject to dormancy or service fees, consistent with the federal Credit CARD Act of 2009 and applicable state law.

Cash Redemption. Gift cards are not redeemable for cash, except where required by applicable state law (for example, California law requires cash redemption of remaining gift card balances under $10 upon request). Where state law applies, you may request cash redemption of qualifying balances by emailing us at the address in Section 34.

Lost, Stolen, or Unauthorized Use. We are not responsible for lost, stolen, destroyed, or unauthorized use of gift cards. Treat your gift card code like cash. Replacement of lost or stolen gift cards is at our sole discretion and may require proof of original purchase. We may freeze, void, or refuse to honor gift cards we reasonably suspect were obtained fraudulently or used in violation of these Terms.

Refunds. Gift card purchases are non-refundable. Items purchased using a gift card are returnable per our Returns Policy; refunds for items purchased with a gift card will be issued as gift card credit, not cash or original payment method.

Restrictions.

• Gift cards may not be resold or transferred for value.

• Gift cards may not be used to purchase additional gift cards.

• Gift cards may not be combined with certain promotional offers as specified at the time of the offer.

• Promotional gift cards or gift cards issued as part of a refund may carry additional terms communicated at the time of issuance.

Other. Gift card balances are not insured by any government agency. We reserve the right to modify these gift card terms at any time, except that no modification will retroactively shorten the validity of an already-issued gift card.

SECTION 30 — AFFILIATE PROGRAM

Bay Harbor Beauty operates an affiliate program (the “Affiliate Program”) that allows approved individuals or entities (“Affiliates”) to earn commissions by promoting our products through unique tracking links. Participation in the Affiliate Program is subject to these Terms and to any separate Affiliate Agreement provided at the time of approval.

Eligibility.

• Affiliates must be at least 18 years old and legally able to enter contracts.

• Affiliates must apply and be approved by us prior to earning commissions. Approval is at our sole discretion and may be revoked at any time.

• Employees, contractors, and immediate family members of Bay Harbor Beauty are not eligible unless expressly authorized in writing.

Independent Contractor Status. Affiliates are independent contractors, not employees, partners, agents, or joint venturers of Bay Harbor Beauty. Nothing in these Terms creates an employment, partnership, or agency relationship.

Commissions.

• Commission rates, cookie/tracking duration, and payment terms are set by us and communicated to Affiliates at the time of approval.

• Commissions are earned only on qualifying sales completed through your unique affiliate link.

• Commissions are not earned on: refunded, returned, cancelled, or chargeback orders; fraudulent orders; orders placed by you or your household; orders where the customer used a different affiliate’s link within the cookie window; orders that violate these Terms or the Affiliate Agreement.

• We reserve the right to deduct or reverse commissions for refunded, charged-back, or fraudulent orders, including after payment.

Payment.

• Commission payments are made on the schedule communicated at approval, subject to minimum payout thresholds.

• Affiliates are responsible for providing accurate payment and tax information.

• Affiliates are responsible for all taxes on commissions earned. U.S.-based Affiliates may be required to provide a completed Form W-9; non-U.S. Affiliates may be required to provide a Form W-8.

FTC Disclosure Requirements. Affiliates must comply with the Federal Trade Commission’s Endorsement Guides and all applicable advertising and consumer protection laws. Specifically:

• Affiliates must clearly and conspicuously disclose their affiliate relationship in every post, video, livestream, email, blog post, or other promotional content containing an affiliate link.

• Disclosures must use clear language such as “affiliate link,” “paid partnership,” “ad,” “sponsored,” or similar terms, placed prominently and before any affiliate link or sales pitch.

• Vague references (e.g., “thanks to [brand]” or unrelated hashtags) do not satisfy FTC requirements.

• On video platforms including YouTube, disclosures must be made both verbally and on-screen near the start of the video and in the video description.

• Failure to comply with disclosure requirements may result in immediate termination from the Affiliate Program and forfeiture of unpaid commissions.

Prohibited Activities. Affiliates may not:

• Bid on or use Bay Harbor Beauty’s trademarks or branded keywords (including “Bay Harbor Beauty,” “BHB,” product names, or misspellings thereof) in paid search advertising;

• Use misleading, deceptive, or false advertising about our products or brand;

• Make medical claims about our products or imply they treat any medical condition;

• Engage in spam, including email spam, comment spam, or unsolicited direct messages;

• Use cookie stuffing, forced clicks, iframe injection, or other deceptive tracking methods;

• Imply endorsements, partnerships, or relationships with Bay Harbor Beauty beyond the affiliate relationship;

• Create websites, social accounts, or content that mimics, impersonates, or could be confused with Bay Harbor Beauty’s official branding;

• Sell or resell Bay Harbor Beauty products without our prior written authorization;

• Promote our products through methods that violate any law, including the TCPA, CAN-SPAM Act, GDPR, CCPA, or any state consumer protection law;

• Use Bay Harbor Beauty’s confidential or proprietary information for any purpose other than the Affiliate Program.

Intellectual Property.

• Affiliates may use approved Bay Harbor Beauty logos, product images, and copy provided through our affiliate program portal solely for promoting our products in compliance with these Terms.

• All other uses, including modifications to logos or product images, require our prior written approval.

• All Bay Harbor Beauty trademarks, logos, content, and intellectual property remain our exclusive property. Permission to use materials does not grant ownership.

• Upon termination, all rights to use our materials cease immediately.

Termination.

• Either party may terminate participation in the Affiliate Program at any time, with or without cause.

• Upon termination, Affiliates must cease using all Bay Harbor Beauty materials and remove affiliate links within thirty (30) days.

• Unpaid commissions earned prior to termination will be paid per the standard schedule, subject to chargeback, refund, and fraud deductions, unless termination is for cause (such as breach of these Terms or fraud), in which case unpaid commissions may be forfeited.

• We reserve the right to withhold, reverse, or claw back commissions in cases of fraud, abuse, or material breach.

Modification. We may modify the terms of the Affiliate Program, including commission rates and program structure, at any time, with reasonable notice to active Affiliates.

"Detailed terms specific to the Affiliate Program are available at bayharborbeauty.com/pages/affiliate-program-terms and are incorporated by reference into these Terms."

SECTION 31 — SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

Bay Harbor Beauty offers a mobile messaging program (the “Program”) through Klaviyo, Inc., a U.S.-based marketing technology company headquartered in Boston, Massachusetts. You agree to use and participate in the Program subject to these Mobile Messaging Terms (the “SMS Agreement”). We may modify or cancel the Program at any time. We may modify this SMS Agreement at any time, and your continued use of the Program following the effective date of any such changes constitutes your acceptance.

Consent. By entering your phone number at checkout, subscribing via a sign-up form, or texting a keyword to our number, you expressly and specifically consent — solely to Bay Harbor Beauty — to receive recurring automated marketing and transactional text messages (such as order updates, abandoned cart reminders, promotional offers, and product announcements) from Bay Harbor Beauty at the mobile number you provided. In accordance with the FCC’s 2024 one-to-one consent rules under the TCPA, this consent applies only to Bay Harbor Beauty and does not constitute consent to receive messages from any other brand or seller. Consent to receive automated marketing text messages is not a condition of purchasing any goods or services. SMS/MMS messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees imposed by your wireless provider. Message and data rates may apply.

Data Sharing. Your phone number, name, and purchase information will be shared with Klaviyo, Inc. for the purpose of sending you targeted marketing messages and notifications. Your phone number will be passed to a text messaging operator to fulfill delivery.

Opt-Out. If you no longer wish to participate, reply STOP to any mobile message from us. You may receive a confirmation message. STOP is the only authorized opt-out method.

HELP. For questions, reply HELP to any mobile message.

Number Changes. We may change our sending phone number at any time and will notify you. We are not responsible for honoring messages sent to a number we have changed.

Wireless Carriers. The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide a valid mobile number and to notify us immediately if your number changes.

Indemnification. You agree to indemnify and hold us harmless from any claims arising from your use of the Program or from providing us a phone number that is not your own. If you stop using the subscribed phone number, you must complete the opt-out process before transferring or canceling the number. You will be responsible for any costs or liabilities resulting from claims by individuals later assigned that mobile number.

No Liability for Delivery Issues. We are not liable for failed, delayed, or misdirected delivery of any information sent through the Program.

Age. You may not use the Program if you are under thirteen (13). If you are between thirteen (13) and eighteen (18), you must have parental or legal guardian consent.

SECTION 32 — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

Binding Arbitration. Except for claims involving intellectual property rights or claims that may be brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Site, or our products and services, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall take place in Fort Bend County, Texas, unless the parties mutually agree to another location or to virtual arbitration. The arbitrator’s decision shall be final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law: (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

30-Day Opt-Out Right. You may opt out of this binding arbitration provision and class action waiver by sending written notice of your decision to opt out to the email address listed in Section 34 within 30 days of first agreeing to these Terms. Your notice may be sent by email and must include your full name and a clear statement that you want to opt out of arbitration. A mailing address is not required. For returning customers, each material amendment to these Terms creates a new 30-day opt-out window with respect to the amended provisions only. Opting out will not affect any other provision of these Terms.

Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or equitable relief in a court of competent jurisdiction.

Severability. If any portion of this Section 32 is found to be unenforceable, the remainder shall remain in full force and effect, except that if the class action waiver is found unenforceable, this entire Section 32 shall be null and void.

SECTION 33 — CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:

• The right to know what personal information we collect, use, and disclose.

• The right to delete personal information we have collected from you (with certain exceptions).

• The right to correct inaccurate personal information.

• The right to opt out of the sale or sharing of your personal information.

• The right to limit the use and disclosure of sensitive personal information.

• The right to non-discrimination for exercising your privacy rights.

To exercise any of these rights, please contact us at the email address listed in Section 34. For full details about how we collect, use, and protect your personal information, please review our Privacy Policy.

SECTION 34 — CONTACT INFORMATION

Questions or notices regarding these Terms of Service should be sent to:

Email: shop@bayharborbeauty.com Website: bayharborbeauty.com

Notices to you may be made via email, posting on the Site, or other reasonable means.

last updated 05/11/2026