CIBU® Subscribe & Save Terms & Conditions

Last Updated: August 8, 2024

Please read these Subscribe & Save Terms & Conditions carefully before enrolling in the Cibu® Subscribe & Save subscription service. By placing a subscription order, and signing up for Subscribe & Save, you expressly agree to these terms, which include a consent to mandatory arbitration and waiver of class-action and jury trial rights, as well as other requirements and limitations, which are detailed below.

The following Subscribe & Save Terms & Conditions (“Subscribe & Save Terms” or “Terms”) are between you and HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, and its direct and indirect subsidiaries and affiliates (“HCFB,” “we,” or “us”) and govern your and our respective rights and obligations. These Terms constitute the entire agreement between you and HCFB relating to our Subscribe & Save subscription ordering program (“Subscribe & Save”).

Please note, that by using any of our Digital Platforms, including but not limited to www.myCibu.com (“myCibu.com”) and the Cibu® e-commerce platform, you also agree to our Privacy Notice and the Terms of Service for the HCFB Digital Platforms, which are incorporated by reference and can be viewed via links on our homepage. We sometimes refer to these, collectively, as our “Agreement” with you. The Subscribe & Save Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the HCFB Digital Platforms and the following Subscribe & Save Terms, these Terms apply.

IMPORTANT NOTICE: The Cibu® Subscribe & Save Terms, and the rest of our Agreement, are a legally binding contract between you and HCFB. Please read the following Subscribe & Save Terms carefully as they contain important provisions governing how we will resolve disputes and how they could affect your legal rights. In particular:

  • You agree to email us at legal@haircuttery.com before you bring a claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same, provided we have a valid email address for you.
  • You agree that any disputes between you and HCFB will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and HCFB will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
  • You also agree that you will not try to sue us in a class action. This is called a “CLASS ACTION WAIVER.”

We want to make sure that you understand the Cibu® Subscribe & Save Terms. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.

Benefits

We are pleased to offer the Cibu® Subscribe & Save subscription service. When you purchase a product at myCibu.com and choose the Subscribe & Save option, you are signing up for continuous shipments of that product at a cadence of your choice (i.e., 30, 60, 90, or 120 days), and will continue to be billed for each shipment at the indicated price (“Subscription Order”). You may also receive a “Subscribe & Save Discount,” described in more detail below. Your subscription will automatically renew, meaning that we will automatically process your subscription order for shipment, and you will continue to be charged on a recurring basis according to the delivery frequency you selected until you cancel or change your subscription.

Cibu® is committed to constantly innovating its products and from time to time will update a product’s or products’ formula. In the event of such an update, your Subscription Order will continue as before except that the product or products will be replaced with the new formula product or products. You will not be notified separately of this change before a subsequent Subscription Order is processed and shipped. The new formula product or products will continue for all subsequent Subscription Orders unless you choose to remove this item from your subscription.

We reserve the right to change the Subscribe & Save benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in our sole discretion, with notice to you. And, some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last. All changes, including for existing subscriptions, will apply to future orders.

All returns under Subscribe & Save are subject to the our Refund & Returns Policy.

Eligibility

Subscribe & Save is available only for certain Cibu® products purchased on myCibu.com that display the “Subscribe & Save” offer message. Bundles and gift cards are not eligible. You must have a registered account with Cibu®, a valid email address, and a credit card and/or debit card to participate in the Subscribe & Save Program. Subscribe & Save subscriptions are void where prohibited.

Enrollment, automatic renewal, & notifications

You can participate in our Subscribe & Save program for a particular product by choosing the “Subscribe & Save” option on that product’s page at myCibu.com and confirming your selection at checkout. Your first order will be processed immediately, and your selected payment method will be charged at the time your order is placed. You’ll receive an email from us about your Subscribe & Save enrollment, including how to change or cancel your subscription.

Subsequent shipments of your Subscription Order will be sent to you, at the cadence you’ve selected, until and unless you change or cancel your subscription, as described in these Terms. Your credit card, provided for this purpose, will be charged on an according, recurrent basis. If your Subscription Order auto-shipment date falls on a weekend or holiday, or on a date that the following month does not have (example: 31st), your Subscription Order will be processed on the next business day. We’ll send you an email, or text (if you opt in) three (3) days before the order is processed to remind you that your product is on its way, give you the chance to cancel or change your subscription, and let you know about any material changes in your order. We’ll also notify you when your Subscription Order is shipped, and your payment has processed.

If your payment method fails, your order will not be placed. You’ll be notified and will need to update your payment information. Once your payment information is updated, your Subscription Order will be processed. If you fail to update your payment method and provide payment, we will suspend your subscription. To edit or update your payment information, you can login to your account, go to your Account Dashboard, click on “Manage Subscriptions”, and then click on “Billing” to update the payment method on file.

Credit card authorization

By enrolling in the Cibu® Subscribe & Save program, you expressly authorize HCFB to automatically charge the designated prices for the applicable products to the payment method we have on file on a recurring basis, as selected by you, unless and until you modify or cancel your subscription as provided herein. Taxes, shipping, and other costs may apply on products ordered through the Cibu® Subscribe & Save program, which will be displayed with your order. You acknowledge and agree that Cibu® will not obtain any additional authorization from you for the automatic, recurring payments made as part of your enrollment in the Subscribe & Save program.

Credit card and debit card payment are the only valid payment methods accepted for Subscription Order payment under the Cibu® Subscribe & Save Program. Store credit, gift certificates, checks, PayPal, and Cash on Delivery or Bill Me Later will not be accepted.

Pricing

The total cost charged to your payment method for each Subscription Order will be the total price of the item(s) in your Subscription Order on the date that order is processed less the applicable Subscribe & Save discount, plus any applicable taxes and shipping (as applicable). Your Subscription order's final total may vary due to changes in price, tax rates, and/or shipping costs. The “Subscribed & Save Discount”, offered for eligible products purchased as part of the Cibu® Subscribe & Save Program as follows: the purchase price for the product included in your first Subscription Order will be discounted by 10% (before tax, shipping and other costs, if applicable) from the regular price, as listed on the myCibu.com website at the time the order is placed. All subsequent renewal shipments will be discounted by 10% (before tax, shipping, and other costs, if applicable) from the regular price, as listed on the myCibu.com website at the time the renewal is processed.

The products available through Subscribe & Save are based on the current price as reflected on the myCibu.com website. We may change the price of a product in your Subscription Order at any time before we process your order, and we will notify you of any price charge with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your Subscription Order prior to the next auto-shipment date as described in the “Cancellation of Subscription” section below.

Please note that coupon codes may only be applied to your first subscription order. We do not accept coupon codes for subsequent orders.

Changing or cancelling your subscription

Subscribe & Save auto-shipments will be of the same product or products, at the same frequency and of the same quantity ordered at the time of checkout for your initial Subscription Order until you change or cancel your subscription. You may change the product or products included in your subscription, adjust the quantity of the product(s) you wish to receive or modify the delivery frequency of your Subscription Orders at any time by logging into your account, going to your Account Dashboard, and clicking "Manage Subscriptions.”

Your subscription will automatically renew until you cancel. You may cancel your Subscribe & Save subscription at any time via the “Manage Subscriptions” link in your Account Dashboard. To cancel, select the product you wish to unsubscribe from and click “cancel.” This will cancel future shipments of you Subscription Order.

Please note that it takes us twenty-four (24) hours to process a subscription change or cancellation. This means that if you change or cancel your Subscription Order less than twenty- four (24) hours before its scheduled to process, your order will ship, and your payment method will be charged as scheduled and future shipments and charges will be changed or cancelled per your request.

Changes to the program

We may, in our sole discretion, change this Terms, the Agreement, and the Subscribe & Save program. You will be notified of any material change, not already described in these Terms, including via the Cibu® website. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION FOLLOWING A CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE YOU MUST CANCEL YOUR SUBSCRIPTION.

Dispute resolution

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and HCFB, you agree to first contact us by emailing legal@haircuttery.com before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.

Judicial Forum for Disputes. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you and HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with the Subscribe & Save program or the Agreement (which includes these Subscribe & Save Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to arbitrate a dispute, you waive those rights; and, instead of being decided by a judge or jury in court, your dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all disputes between you and HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into these Subscribe & Save Terms constitutes a waiver of your right to litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.

We both agree to arbitrate our claims. You and HCFB agree to resolve any claims relating to or arising from our subscription services, these Subscribe & Save Terms, and every other part of our Agreement through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to this mandatory, individual arbitration provision and threshold questions of whether or not the dispute can be arbitrated.

NO CLASS ACTIONS. You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these Subscribe & Save Terms you and HCFB are each waiving the right to trial by jury or to bring or participate in a class action or class arbitration of claims relating to or arising out of these Terms or our Agreement. You are not allowed to bring or participate in class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against HCFB. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in our home county, in the Commonwealth of Virginia or another location to which we agree. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.

Arbitration costs and incentives. AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.

Arbitration award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of our subscription services or infringement on intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you do not want to agree to this mandatory individual arbitration provision, you can opt out by mailing written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Department
1640 Boro Place, 4 th Floor
McLean, Virginia 22102

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. For your opt out to be effective, you must mail us within thirty (30) days of signing up for an account with us or acknowledging that you have been notified of these Subscribe & Save Terms, whichever comes later. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Continuation. This provision shall survive the termination of your service with HCFB, our parents, subsidiaries, and affiliates.

Severability. If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the Cibu® Subscribe & Save Terms and Subscribe & Save program.

Miscellaneous

Entire Agreement. The Agreement (which includes these Subscribe & Save Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Subscribe & Save Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

Your comments and questions

Please call our Guest and People Care Center at 877-319-3919 or contact us using the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.

©2024 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.