CIBU® Subscribe & Save Terms & Conditions

Last Updated: November 18, 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 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 could affect your legal rights. In particular:

  • You agree to follow our Information Dispute Resolution process, described below . 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, either as a named plaintiff or a class member. 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 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 through Information Dispute Resolution. If a dispute or disagreement arises between you and HCFB, before filing a claim or arbitration, you and HCFB will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at legal@haircuttery.com that includes (1) your name, phone number, email address for and (2) a description of the dispute or disagreement and how you’d like it resolved. If HCFB has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and HCFB must cooperate to schedule that meeting by phone or videoconference. You and HCFB each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

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 other 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.  

The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver.

Consent to mandatory individual arbitration and class action waiver

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 this mandatory individual arbitration provision, 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.

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 against HCFB 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, this and prior version of our Subscribe & Save Terms, and every other part of our Agreement (“Disputes”) 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 and HCFB agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and HCFB, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. To initiate arbitration, either you or HCFB must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve HCFB with any arbitration demand by mail to: 

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

If HCFB has a Dispute with you, we will send an arbitration demand to the email we have on file for you.

The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Fairfax County, Virginia.

The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.

All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Consent to mandatory individual arbitration and class action waiver”, including any party’s compliance with the Informal Dispute Resolution process.

Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).

Arbitration award. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, 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. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and HCFB, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.

Batch arbitration. If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

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.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you are new to Subscribe and Save, and you do not consent to agree to this mandatory individual arbitration provision, you can opt out within 30 days after the date on which you first enrolled in Subscribe and Save and accepted these Terms. To opt out, you must timely send a 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, 4th 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. 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.