Terms of Service

1. Overview

Welcome to https://firbeauty.com (the “Website”). These Terms of Service (“Terms”) govern your access to and use of the Website, including any content, functionality, products, and services offered on or through the Website by Fir Beauty Ltd. (“Fir Beauty,” “we,” “us,” or “our”).

By accessing the Website or placing an order, you engage in our “Service” and agree to be bound by these Terms, together with our Privacy Policy, Returns Policy, and any other policies or agreements referenced herein. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Please read these Terms carefully before using the Website. If you do not agree to all of the Terms, you may not access the Website or use any Services.

Our Service is primarily directed at business customers (B2B), including wholesalers, distributors, retailers, and professionals seeking private label or custom sample development. Some provisions below are specifically tailored to these commercial relationships.

If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.

2. Eligibility and Account Registration

By agreeing to these Terms, you represent that you are of legal age to form a binding contract in your jurisdiction and are not barred from receiving services under applicable law. If you are acting on behalf of a company, you warrant that you have the requisite authority.

You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide current, complete, and accurate information and to update it promptly. We reserve the right to suspend or terminate accounts that provide inaccurate or misleading information.

3. General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express prior written consent. The headings used in these Terms are for convenience only and do not affect their interpretation.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time. We will not be liable to you or any third party for such modifications, price changes, or discontinuance.

4. Accuracy, Completeness and Timeliness of Information

The material on the Website is provided for general information only. While we strive to keep information accurate and current, we do not warrant that product descriptions, pricing, images, or other content are error‑free, complete, or up‑to‑date. We reserve the right to modify content at any time without prior notice. Any reliance on Website materials is at your own risk.

5. Products and Services

5.1 General Products

Certain products or services may be available exclusively online in limited quantities. We have made every effort to display product colors and images accurately; however, we cannot guarantee that your device’s display will be accurate.

5.2 Wholesale and Custom Sample Orders

As a B2B provider, we offer wholesale purchasing and bespoke product development (private label, custom formulation, sample production). For such services, the following applies:

• Minimum Order Quantities (MOQs): Wholesale and custom orders are subject to minimums, which will be communicated at the time of inquiry or quotation.
• Custom Development Process: All product specifications, formulations, and packaging requirements must be agreed upon in writing (including email). A final sample approval or signed specification sheet shall constitute conclusive evidence of the agreed specifications, and no subsequent variation shall be effective unless mutually agreed in writing. We rely on the accuracy of information and materials you supply; any delays or errors caused by incomplete or inaccurate specifications are your responsibility.
• Intellectual Property Rights in Custom Products: Each party retains all rights to its pre‑existing intellectual property (Background IP). Nothing in these Terms grants the other party any rights to Background IP except as necessary to use the products or services. For custom formulations developed specifically for you under a paid development arrangement, we will assign ownership of the final formulation as set out in a separate IP assignment agreement. If no such agreement exists, you receive a non‑exclusive, perpetual, royalty‑free license to market the product, while we retain the right to use the underlying technology and know‑how for other clients. You warrant that any materials, logos, or designs you provide to us do not infringe any third‑party rights.
• Quotations and Confirmation: Quotations are valid for the period stated therein (typically 30 days). An order is accepted only when we issue a written order confirmation or invoice. We reserve the right to reject any order.
• Order Cancellation and Variation: Once production has commenced for a custom order, cancellation or material variation is subject to a cancellation or variation fee equal to costs incurred plus a reasonable margin, unless otherwise agreed in writing.

5.3 Product Discontinuation and Modifications

We reserve the right to discontinue any product or modify specifications without prior notice. For recurring wholesale orders, we will use reasonable efforts to notify you of significant changes before shipment.

6. Pricing, Payment, and Taxes

All prices are listed in the currency specified on the Website or quotation (typically USD, GBP, or EUR) and are subject to change without notice. Prices do not include taxes, duties, or shipping charges unless explicitly stated. For wholesale and custom orders, the price will be as set out in the formal quotation or proforma invoice.

Payment terms for B2B orders may include pre‑payment, letter of credit, or net terms (subject to credit approval). Late payments may incur interest at the rate of 1.5% per month or the maximum permitted by law. You are responsible for all applicable value‑added, sales, use, customs, or other taxes and duties. We will add taxes to the invoice where legally required.

7. Order Acceptance and Billing

We reserve the right to refuse or cancel any order. We may, in our sole discretion, limit quantities and prohibit orders that appear to be for resale in breach of distributor agreements or that exhibit suspicious activity. In the event of cancellation, we will attempt to notify you using the contact information provided. You must keep your billing and account information current. Promotional codes cannot be applied retroactively and are only valid when communicated officially.

8. Shipping, Delivery and Title

Shipping and delivery terms (e.g., EXW, FOB, CIF) will be specified in the quotation or order confirmation. Title and risk of loss pass to you upon delivery to the carrier unless otherwise agreed in writing. Delivery dates are estimates only and are not guaranteed. Fir Beauty will not be liable for delays caused by carriers, customs clearance, or events beyond our reasonable control.

International shipments may be subject to import duties and customs inspections. You are the importer of record and are solely responsible for compliance with all import regulations.

9. Returns and Refunds

Our Returns Policy, available separately on the Website, governs returns of standard products. Due to the nature of custom‑formulated and private‑label goods, custom samples and bespoke orders are non‑refundable and non‑returnable unless they do not materially conform to the agreed written specifications. Any claim for non‑conforming goods must be made in writing within 7 days of receipt, detailing the defect. Our sole obligation will be, at our option, to replace the goods or refund the invoice price of the non‑conforming items.

10. Optional Tools and Third‑Party Links

We may provide access to third‑party tools or links that we do not control. Such tools are provided “as is” without warranties of any kind. We accept no liability arising from your use of optional third‑party tools or websites. Third‑party sites are governed by their own terms and policies.

11. User Submissions and Intellectual Property

If you submit ideas, suggestions, product reviews, or other materials (collectively, “Submissions”), you grant us a worldwide, non‑exclusive, royalty‑free, perpetual license to use, reproduce, modify, and distribute such Submissions in any media. You agree that your Submissions will not violate any third‑party rights or contain unlawful, defamatory, or harmful content. We are not obliged to maintain confidence in or compensate you for Submissions.

The Website and all its original content, features, and functionality are owned by Fir Beauty Ltd. and are protected by international copyright, trademark, and other intellectual property laws. You may not use our trademarks or trade dress without our prior written permission.

12. Personal Information and Privacy

Your submission of personal information through the Website is governed by our Privacy Policy, which is incorporated into these Terms by reference. For details on how we collect, use, and safeguard data, please review our Privacy Policy. By using the Service, you consent to data practices as described therein.

13. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders if any information is inaccurate at any time, without prior notice (including after an order has been submitted). We undertake no obligation to update information except as required by law.

14. Prohibited Uses

In addition to other prohibitions herein, you may not use the site or its content for any unlawful purpose; to violate any international, federal, or local regulations; to infringe our or others’ intellectual property rights; to transmit any viruses, malware, or destructive code; to collect or harvest personal information of others; to engage in spamming, phishing, scraping, or crawling; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your access for any breach of this section.

15. Export Compliance and Anti‑Corruption

You agree to comply with all applicable export control, economic sanctions, and anti‑corruption laws in your handling, distribution, and resale of our products. You shall not directly or indirectly export, re‑export, or transfer our products to any country, entity, or person that is subject to sanctions or embargoes under applicable laws, including those administered by the United Nations, the European Union, the United Kingdom, or the United States, without obtaining prior authorization from the relevant authorities. You represent that you are not listed on any restricted parties list and will not engage in bribery, kickbacks, or any other unlawful payments in connection with the use or resale of our products.

16. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, strikes, lockouts, supply chain disruptions, or failures of telecommunication networks or power supplies. The affected party shall notify the other party promptly and use reasonable efforts to resume performance. If the force majeure event continues for more than 60 days, either party may terminate the affected order without further liability.

17. Disclaimer of Warranties; Limitation of Liability

To the maximum extent permitted by applicable law, the Service and all products are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‑infringement.

18. Indemnification

You agree to indemnify, defend, and hold harmless Fir Beauty and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; (c) your Submissions; or (d) any products you supply to third parties that incorporate our goods, except to the extent caused by our gross negligence or willful misconduct.

19. Termination

These Terms are effective unless and until terminated. You may terminate these Terms by ceasing to use the Site and closing your account. We may terminate this agreement or suspend your access at any time if we reasonably believe you have breached any provision. Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination (including payment obligations, disclaimers, indemnification, and limitation of liability) shall remain in effect.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

21. Entire Agreement

These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement between you and Fir Beauty concerning your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals. No waiver of any term shall be deemed a further or continuing waiver.

22. Governing Law and Dispute Resolution

These Terms and any transactions conducted under them shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

22.1 Dispute Resolution for B2B Transactions

Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its Rules in effect at the time. The seat of arbitration shall be London, United Kingdom. The language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding on the parties. For claims that fall within the jurisdictional limit of the small claims court, either party may elect to have the dispute heard in such court in London instead of arbitration.

22.2 Consumers

For consumers (if applicable): These Terms do not affect your statutory rights as a consumer. You may bring claims in the courts of your domicile.

23. Changes to Terms of Service

We may update these Terms from time to time. When material changes are made, we will post a notice on the Website and/or send an email to registered users. The “Last updated” date at the top will be revised accordingly. Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically.

24. Mobile Messaging Terms (SMS Service)

The Fir Beauty Ltd. mobile message service (the “SMS Service”) is operated by Fir Beauty Ltd. By opting in, you agree to receive recurring SMS/text messages from us, including order updates, account alerts, promotions, and cart reminders. Your consent is not a condition of purchase.

24.1 Message Frequency & Cost

Message frequency varies. Standard message and data rates may apply. You are solely responsible for charges from your mobile provider.

24.2 Opt‑Out and Support

To cancel, text STOP to the short code provided in our messages (or as otherwise instructed). You will receive a confirmation text. For help, text HELP or email support@firbeauty.com.

24.3 Carrier Disclaimer & Number Changes

Supported carriers are not liable for delayed or undelivered messages. We may change the short code or telephone number used for the SMS Service at any time and will notify you accordingly. See our Privacy Policy for information on how we handle data collected through the SMS Service.

25. Contact Information