Terms & Conditions

Terms and Conditions

Please read the "Terms and Conditions" for users of this website.

If you do not agree to any part of these Terms and Conditions, please do not purchase products or use this website.

These "Terms and Conditions" constitute the terms and conditions between you ("you", "your", "customer") and Olivia Hall (hereinafter referred to as "Company", "we") regarding your use of this OliviaHall.shop website ("Website"). Company operates this Website as an online e-commerce store. This includes all information, data, materials, documents, products, images, graphics, logos, button icons, services, surveys, audio and/or video clips, audio-visual works, communications and related intellectual property rights (collectively, "Content").

When you access, use or download any content from this Website, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, we recommend that you do not access this Website or otherwise use or download content from this Website. We reserve the right to update or modify these Terms and Conditions as necessary without prior notice. Therefore, we recommend that you carefully read these Terms and Conditions each time you visit this website: Your use of this website after such modifications or updates constitutes your acceptance to be bound by these Terms and Conditions.

A. Copyright

All website content is the sole property of the Company, and the Company reserves all copyrights and other intellectual property rights thereto. Please note that the collection and arrangement of all content is protected by U.S. and international copyright laws. You may electronically copy portions of the website content and print them into paper form only for the purpose of placing an order with us and/or using the website solely as a shopping resource. Any reproduction of the website content in any manner other than as permitted above is strictly prohibited.

B. Third Party Content

This website may display printed materials and content obtained from third parties ("Third Party Content"). The Company does not guarantee or endorse the accuracy of the Third Party Content and is not responsible for updating or changing such content. Use of the Third Party Content is entirely at your own risk.

C. Trademarks

Olivia Hall, and all custom designed page headers, custom graphics and button icons, and custom concepts and collections are service marks and/or trademarks of the Company and may not be used in connection with any product or service that is not provided by the Company in any manner that is likely to cause confusion among consumers or discredit the Company. All other trademarks, product names, company names or logos referenced herein are the property of their respective owners.

D. Applicable Law

This website was created and administered by the Company in the State of Texas, USA. As such, these Disclaimers, Terms and Conditions shall be governed by the laws of the State of Texas, without regard to any principles of conflicts of law. The Company reserves the right to modify its website and these Disclaimers, Terms and Conditions at any time.

E. Disclaimer

Content: All content provided by the Company is for educational or informational purposes only. Some product claims and statements have not been evaluated by the U.S. Food and Drug Administration (FDA), therefore their results may not apply to all individuals. Use of this website is not a substitute for professional medical advice. The statements and products on this website are not intended to diagnose, treat, cure or prevent any condition or disease. We recommend that you consult your healthcare provider regarding the use of any product or information obtained from this website, and/or before relying on reported results.

Geographic Location: This website is administered by the Company in Dallas County, Texas, and is intended for use by residents of the United States only. Access to this website and its contents, as well as the terms of our Privacy Policy, may not be legal for certain individuals or in certain countries outside of the United States. If you decide to access and use the Website and its Content outside of the United States, you do so at your own risk and are solely responsible for compliance with all applicable laws and regulations.

Warranties: The Website and Content are provided "as is" without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with respect to the Content, products, services and all other information contained on and/or provided through the Website, including, but not limited to, the availability of the Website, the absence of viruses, trojan horses or other code that introduces contaminating or destructive properties, or any inability to provide the Website or access the Website to users. We do not guarantee the timeliness, validity, completeness or accuracy of the Content, as we reserve the right to update the Content of the Website from time to time. As a result, the information contained on the Website may be out of date and/or contain inaccuracies or typographical errors. All pricing and availability information is subject to change without notice, the latter being due to fluctuations in inventory levels after an order is placed.

F. User Representation

You represent and warrant that you are 18 years of age or older and have the legal right and capacity to enter into these Terms and Conditions and to use the Website in accordance with these Terms and Conditions. You agree to be financially responsible for your use of the Site (and for the use of your account by others, whether authorized or not, including minors living with you) and to abide by your responsibilities and obligations set forth in these Terms and Conditions.

G. User Rules

We reserve the right, in our sole discretion, to deny you access to any and all parts of the Site and to terminate your account for any or no reason. In addition, the Company does not and cannot review any communications posted or uploaded to the Site by users and, therefore, assumes no responsibility for the same.

The following rules govern your conduct while using the Site. 1

. Unlawful Purposes. In order to create a welcoming environment for all users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree not to use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for any postings sent through your account to any blog, forum, or any other part of the Site. You may not post or transmit any information that defames the Company or discloses the private or personal affairs of anyone other than yourself. You may not post or transmit any information, data, images, or programs that are indecent, obscene, or pornographic. 2

. Unsolicited Messages. The Site may offer the opportunity to provide us with feedback about the Site and our various products and other unsolicited submissions (collectively, "Unsolicited Submissions"). You may only provide Unsolicited Submissions that comply with these Terms and Conditions. We welcome your comments and feedback regarding the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials, or marketing plans. Therefore, please do not send us such Unsolicited Submissions. By providing Unsolicited Submissions, you grant us a perpetual, royalty-free, fully paid-up, irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, assign, sublicense, and sell such Unsolicited Submissions. 3.

No Use by Minors 13 and Under. The Site is intended for adults only, and children 13 and under may not submit any postings, personal data, or unsolicited messages. 4

. Unauthorized Access. You may not allow anyone else (except an agent acting on your behalf and under your direct supervision) to access the Site using your account for any purpose. 5

. Infringing User Content. You may not post or transmit any content that infringes upon the intellectual property, trade secret, or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, sounds, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing manner.

6. Interference with Other Users. You may not interfere with other users’ use of the Site, including, but not limited to, disrupting the normal flow of dialogue in a community or forum discussion, sending spam, or otherwise using abusive tactics to discourage others from participating in a forum or blog. Notwithstanding the foregoing, users may voluntarily form closed prayer forums that are inaccessible to other users without violating these Terms. 7

. Harmful Code. You may not post or transmit to the Site or any other user any files that contain viruses, worms, time bombs, Trojan horses, or any other contaminating or destructive code. 8

. Abusive Conduct. You may not post or transmit any harmful, threatening, abusive, or hateful information. We do not intend to prevent users from taking controversial positions or expressing passionately potentially unpopular opinions; however, we reserve the right to take action we deem appropriate if user-posted content is used to disseminate broadly offensive and/or harmful speech. However, we have no obligation to take any action. 9

. Unsolicited communications are prohibited. You may not post or transmit charity requests, petitions seeking signatures, chain letters, or pyramid scheme-related correspondence. You may not post or transmit any advertisements, promotional materials, or any other content that solicits other users for goods or services.

H. Procedure for Claims of Copyright Infringement

We respect the intellectual property rights of others and implore you to do the same. Copyright infringement is governed by the Digital Millennium Copyright Act. Therefore, infringement of the intellectual property rights of others will not be tolerated and may result in the termination of the infringing party's account. Please note that we only process infringing material posted on our website that has been reported to us. We are not responsible if any user-posted content is repurposed or otherwise copied from this website and used in other media before we remove such infringing content.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information at the address below:

315 5th Ave, New York, NY 10016

A signature of the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are duly authorized to act on the copyright owner’s behalf.

I. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) your provision of unsolicited information or postings on the Site, or (b) your use of the Content or the Site; and/or (c) any violation of the terms of these Terms and Conditions (including infringement of a third party’s worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.

J. Waiver, Release and Limitation of Liability

You agree that no Indemnified Party shall have any liability to you for any loss or damage arising out of your use of the Site, regardless of the theory of liability or damage. You hereby release and forever waive any and all claims against the Indemnified Parties for loss or damage arising out of your use of the Site (including, without limitation, claims based on the negligence of any Indemnified Party). ACCORDINGLY, THE INDEMNITEES’ TOTAL LIABILITY FOR LOSS OR DAMAGE, IF ANY, SHALL NOT EXCEED THE FEES PAID BY YOU (AS A USER) TO THE COMPANY FOR THE SPECIFIC INFORMATION, SERVICE OR PRODUCT PROVIDED. IN NO EVENT WILL ANY OF THE PROTECTED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS CONTENT.

FURTHERMORE, NO PROTECTED PARTIES SHALL BE LIABLE FOR ANY LOSS, CORRUPTION OR DESTRUCTION OF ANY DATA, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF ALL USER GENERATED CONTENT, DAMAGE OR LOSS CAUSED BY ANY FAILURE OR INTERRUPTION OF THE SITE OR OUR EQUIPMENT, OR DAMAGE OR LOSS CAUSED BY THE ACTS OR OMISSIONS OF ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATED TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, CONTENT OR CONTENT YOU POST, REGARDLESS OF WHETHER THE CIRCUMSTANCES THAT GIVEN SUCH CAUSES ARE WITHIN THE CONTROL OF ANY PROTECTED PARTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR THE LIMITATION OF LIABILITY, AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION IS HOLD INAPPLICABLE, INVALID OR UNENFORCEABLE, THEN THE TOTAL LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED (200) DOLLARS. NOTWITHSTANDING THE FOREGOING, ANY REMEDY THAT IS DETERMINED TO HAVE FAI K. Third Party Rights

The provisions of Sections I (Indemnification) and J (Waiver, Exclusion and Limitation of Liability) are for the benefit of the Indemnified Parties. Each Indemnified Party shall have the right to assert and enforce those provisions directly against you on its own behalf.

L. Fraud Protection Program

In order to control unauthorized and/or illegal activity, the Company screens incoming orders to protect our customers and the Company from fraud. The Company also reserves the right to refuse an order if there is reasonable suspicion of such activity. However, our Customer Service Department will notify you and may request verification and/or information for further verification.

M. Product Information

Availability: Most products displayed on this Website can be ordered and shipped within the United States and overseas. If your order cannot be shipped overseas in whole or in part, we will notify you by email. Some products offered on this Website may not be available in the Company's retail stores.

Pricing: All prices quoted on this Website are in U.S. dollars. The Company cannot control and does not guarantee the exchange rates and fees that financial institutions outside the United States may apply to its orders.

Product Information and Use: All products purchased from the Company should be used in accordance with the manufacturer's instructions, precautions and guidelines. All parents or legal guardians of minors should consult their physician before allowing their minor children to use Company products or services. Reference, display or sale of any product, service, process or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation thereof by Company.

By purchasing a product from our website, you agree that the product is for personal use or professional makeup only. If we suspect that you have resold a product purchased directly from us, your order will be canceled and your account will be permanently blocked. If you are purchasing a product for school, seminar, theater or film use, please contact us for special order inquiries.

Color Information: The way colors appear may vary from monitor to monitor. Company has taken reasonable steps to ensure color accuracy, but cannot guarantee that the colors you see will be exactly as expected.

N. Miscellaneous

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you arising out of these Terms and Conditions or the parties’ obligations hereunder shall be brought exclusively in the state or federal courts located in Dallas County, Texas, U.S.A., and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire agreement between the Company and you with respect to your access to and use of the Site. Our failure to insist upon or enforce strict performance of these Terms and Conditions shall constitute our sole and absolute discretion.The revocation of any provision of these Terms and Conditions by us shall not be deemed a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable as applicable. We may assign our rights and obligations under these Terms and Conditions to any party at any time without notice to you.

O. Customs Fees/Duties/Import VAT

Olivia Hall is not responsible for customs requirements or fees imposed by your country, including but not limited to customs fees/duties. You are required to pay all fees payable upon receipt of the shipment. When shipping internationally, import taxes, duties and/or fees may be imposed by the destination country. These charges are usually collected when the shipment arrives at the destination country. It is your responsibility to ensure compliance with the laws and regulations of the destination country. Olivia Hall is not responsible for any additional costs that may be incurred. Please note that some countries may require specific documentation before the goods can be shipped. Failure to provide the necessary information may result in delays to your order. You are responsible for additional costs such as duties, taxes and customs clearance fees. Import charges can vary widely but are generally based on the price and type of merchandise, weight and size of the package, country of origin, and country of destination taxes, duties and fees. Any unclaimed packages may incur shipping and handling charges which will be deducted from your original order amount.

P. Rewards Program

Crew Rewards

1. Olivia Hall reserves the right to change the rewards program at any time without notice. Accounts and/or points may be removed or adjusted at Olivia Hall’s sole discretion if any abuse of the program is suspected, such as (referral links posted on the coupon website). Referral coupons (given after purchase via referral links) are limited to one order per customer per address. Any additional orders using the coupon will be automatically canceled and refunded. Minimum spend requirements may apply to redemption of points or referral coupons.

2. Accounts and rewards may not be shared or combined. Only members who pay for products can accumulate offers and rewards. We reserve the right to monitor the number of accounts per household and to reject, combine or close additional or duplicate accounts at any time.

3. Benefits and Rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in Rewards or other Program benefits. If all or part of a purchase is returned or canceled, or if the credit was obtained through fraud or other activity in violation of these Terms (as determined by us in our sole discretion), the purchase balance credited to your Program account will be reduced or reversed, as the case may be. We are not responsible for Rewards lost or redeemed as a result of fraudulent activity by you or any third party. We are not responsible for Rewards that are lost, stolen, or otherwise destroyed. The sale, exchange, transfer, or assignment of any Rewards or Benefits offered through the Program, other than by us, is expressly prohibited. Members are responsible for any applicable tax liability arising from Rewards earned through the Program.

4. We reserve the right to change Program benefits, the way you unlock each Program tier, and the way we evaluate and reward your qualifying purchases and/or other Program activities. We reserve the right to limit the number of purchases or activities that qualify for the Program and/or any particular tier, the number or type of Rewards or Benefits you may receive or earn at any particular tier, during a particular time period, or during the Program life, and/or any combination of the foregoing.

Q. Pro Member Discount Program

Professional Discount Limits:

Professional discounts are limited to $3,000.00 per client per year.

In order to maintain the fairness of the professional discount program and prevent the resale of products, Olivia Hall offers each professional makeup artist a discount of up to $3,000 per year on personal purchases. Professional discounts are for professional use only and these products may not be resold. Thank you for your understanding.

How to Permanently Opt Out of the Professional Artist Discount Program

Use an image in your portfolio that you did not create yourself.

Forge a circular, flyer, or any other document.

Use your professional discount to purchase products for others.

Use discounts to purchase for resale.