Terms of service

OVERVIEW

Welcome to Shop Beauty Batch. This website and online storefront are owned and operated by Night Owl Collective LLC, doing business as Shop Beauty Batch (collectively referred to as "the Company," "we," "us," or "our"). Night Owl Collective LLC operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Shop Beauty Batch is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as medical disclaimers, warranty disclaimers, and limitations of liability.

 

By visiting, interacting with, browsing, or purchasing from our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must immediately discontinue use of and access to our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing our online storefront or purchasing products, you may be asked to provide certain information, such as your email address, billing details, payment method, and shipping information. You represent and warrant that all information you provide is true, accurate, current, and complete, and that you possess all legal rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other party.

SECTION 2 - OUR PRODUCTS AND PRESENTATION

We make every effort to display the colors, textures, and appearances of our products as accurately as possible. However, the visual appearance of products on your screen depends on your display hardware, screen calibration, and device settings. We do not warrant that your display will accurately depict the exact shade, color, or finish of the physical product delivered.

All descriptions of products, formulations, specifications, and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, household, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - COSMETIC USE AND MEDICAL DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY BEFORE PURCHASING OR USING ANY PRODUCTS.

  1. Cosmetic Nature of Products: All products offered, distributed, or sold by Night Owl Collective LLC dba Shop Beauty Batch—including, but not limited to, topical eye gels, peptide formulations, blemish patches, topical serums, and moisture balm sticks—are sold strictly as topical cosmetics intended for surface aesthetic and personal care use only.

  2. Not Medical Advice or Treatment: The products and claims made about specific products on or through the Services have not been evaluated by the United States Food and Drug Administration (FDA) and are not approved to diagnose, treat, mitigate, cure, or prevent any disease, skin condition, illness, or medical disorder.

  3. No Doctor-Patient Relationship: The content provided on this website, including text, graphics, customer reviews, promotional materials, blog posts, and customer service communications, is provided for general educational and informational purposes only. It is not intended to substitute for professional dermatological, medical, or healthcare advice, diagnosis, or treatment. Always consult a qualified physician or board-certified dermatologist regarding any medical condition or skincare disorder. Never disregard professional medical advice or delay seeking it because of something you have read on this site.

  4. Patch Testing and Personal Sensitivity: Because individual skin chemistry, allergies, and sensitivities vary, you are solely responsible for reviewing all listed ingredients prior to use. We strongly advise performing a standard 24-hour localized patch test on a small area of skin before general application. Discontinue use immediately if irritation, redness, burning, swelling, or rash occurs.

  5. Assumption of Risk: You voluntarily assume all risk associated with the application, use, handling, and storage of any products purchased through the Services. Night Owl Collective LLC assumes no liability for adverse reactions, allergies, improper application, or unintended use.

SECTION 4 - ORDERS AND BILLING

When you place an order, you are making an offer to purchase. Night Owl Collective LLC reserves the right to accept or decline your order for any reason at our discretion. Your order is not legally accepted until payment has cleared and an official order confirmation is transmitted.

We reserve the right to refuse, limit, or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account, same credit card, and/or using the same billing or shipping address. In the event of a cancellation or adjustment, we will attempt to notify you via the email or billing address provided at checkout.

Your purchases are eligible for return or exchange solely in accordance with our Refund Policy. All purchases made through our storefront are intended for personal or household use only and may not be purchased for unauthorized commercial resale, export, or distribution.

SECTION 5 - PRICES AND PAYMENT

Prices, promotions, and shipping fees are subject to change without notice. The price charged will be the price displayed at the exact time the order is finalized. Unless expressly stated otherwise, posted prices do not include sales taxes, duties, customs, or shipping and handling fees.

You agree to provide complete, current, and accurate purchase and account information for all transactions. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the designated payment method; (iii) charges incurred will be honored by your financial institution or credit card issuer; and (iv) you will pay all posted charges, applicable sales taxes, and shipping fees.

SECTION 6 - SHIPPING, TITLE, AND RISK OF LOSS

All posted delivery and transit times are non-guaranteed estimates provided by shipping carriers. Night Owl Collective LLC is not liable for carrier transit delays, weather disruptions, customs holds, or carrier delivery failures outside our direct control.

Title to products and risk of loss pass entirely to you upon our tender of the package to the commercial shipping carrier (USPS, UPS, DHL, FedEx, or designated logistics providers). You are responsible for providing an accurate and secure delivery address.

SECTION 7 - INTELLECTUAL PROPERTY

The Services, including all brand names, text, graphics, logos, button icons, images, photographs, video clips, digital downloads, data compilations, and the overall design and layout, are the proprietary property of Night Owl Collective LLC, its subsidiaries, or licensors, and are protected by United States and international copyright, trademark, trade dress, and intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable license to access and view the Services for personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell, distribute, scrape, or exploit any portion of the site, code, imagery, or text without express prior written consent from Night Owl Collective LLC.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY INTEGRATIONS

We may provide access to optional third-party software, applications, or tracking tools over which we exert no monitoring or control.

You acknowledge that such tools are provided "as is" and "as available" without warranties, representations, or endorsements of any kind. Night Owl Collective LLC shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Use of third-party features is done entirely at your own risk and subject to the terms of the third-party providers.

SECTION 9 - THIRD-PARTY LINKS AND CONTENT

Certain content, products, and services available via our Services may include materials from third parties. Hyperlinks on this site may direct you to third-party platforms that are not affiliated with Night Owl Collective LLC.

We are not responsible for examining, auditing, or evaluating the content or accuracy of third-party materials, and we do not warrant and will not have any liability or responsibility for any third-party websites, materials, or transactions conducted thereon. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Shop Beauty Batch is hosted on the Shopify e-commerce platform, which enables us to provide the Services to you. However, all retail transactions, sales, and agreements are entered into directly between you and Night Owl Collective LLC.

By using the Services, you acknowledge and agree that Shopify Inc. and its affiliates are not responsible for any aspect of sales transactions between you and Night Owl Collective LLC, including product delivery, formulation, performance, injury, or damages. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of your transactions with Night Owl Collective LLC.

SECTION 11 - PRIVACY AND DATA PROCESSING

All personal information collected through our storefront is governed by our Privacy Policy. Because our storefront is hosted by Shopify, your personal information is processed and stored in accordance with Shopify's data protection standards and transmitted across secure networks to facilitate order fulfillment, payment processing, and fraud screening. Please review our Privacy Policy for full disclosures regarding data retention, consumer rights, and third-party tracking.

SECTION 12 - USER FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, post, or transmit reviews, product ratings, comments, suggestions, or proposals (collectively, "Feedback"), you grant Night Owl Collective LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to edit, copy, publish, distribute, translate, and use such Feedback in any medium for marketing, educational, or commercial purposes without compensation or attribution.

You warrant that your Feedback: (i) does not infringe upon any third-party intellectual property or privacy right; (ii) does not contain defamatory, libelous, abusive, or unlawful content; and (iii) is an accurate reflection of your genuine personal experience with our products. We reserve the right, but have no obligation, to monitor, edit, or remove reviews that violate these Terms.

SECTION 13 - PROHIBITED USES

You are prohibited from using the site or its content:

  1. For any unlawful, fraudulent, or unauthorized purpose;

  2. To solicit others to perform or participate in any unlawful acts;

  3. To violate any international, federal, state, or local regulations, rules, or laws;

  4. To infringe upon or violate the intellectual property rights of Night Owl Collective LLC or third parties;

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  6. To submit false, fraudulent, or misleading information or file frivolous chargebacks;

  7. To upload or transmit viruses, worms, Trojan horses, or any other type of malicious code;

  8. To scrape, crawl, spider, or systematically harvest data from the Services through automated or manual processes;

  9. To circumvent or bypass security controls or access protocols established on the storefront.

Violation of any prohibited use may result in immediate termination of your account, cancellation of pending orders, and potential civil liability.

SECTION 14 - AUTOMATED AGENTS AND CRAWLERS

Any automated software, bot, crawler, or artificial intelligence agent accessing the Services must clearly identify itself in the HTTP user-agent header string. Automated agents are strictly prohibited from bypassing CAPTCHA verifications, scraping proprietary product descriptions or pricing models, executing automated checkout sequences, or imposing disproportionate burdens on store server infrastructure.

SECTION 15 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY NIGHT OWL COLLECTIVE LLC IN WRITING, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHT OWL COLLECTIVE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCT RESULTS WILL MEET YOUR PERSONAL EXPECTATIONS, THAT FORMULATIONS WILL PRODUCE IDENTICAL RESULTS ACROSS ALL SKIN TYPES, OR THAT SERVICE ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIGHT OWL COLLECTIVE LLC, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS, SKIN SENSITIVITIES, ALLERGIC REACTIONS, OR ANY SIMILAR INJURIES OR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM:

  1. YOUR USE OF OR INABILITY TO USE THE SERVICES;

  2. ANY PRODUCTS PURCHASED OR PROCURED THROUGH THE STORE;

  3. ANY ERRORS, INACCURACIES, OR OMISSIONS IN PRODUCT DESCRIPTIONS OR SITE CONTENT; OR

  4. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT TO EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

SECTION 17 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Night Owl Collective LLC, our parent company, subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, and employees from and against any claims, liabilities, damages, losses, costs, expenses, and reasonable attorneys' fees arising out of or related to: (i) your breach of these Terms of Service or referenced policies; (ii) your violation of any applicable law or third-party right; or (iii) your misuse of products purchased from the storefront.

SECTION 18 - SEVERABILITY

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

SECTION 19 - ENTIRE AGREEMENT

The failure of Night Owl Collective LLC to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service, together with any posted store policies, legal notices, and operating rules, constitute the entire agreement and understanding between you and Night Owl Collective LLC governing your use of the Services, superseding any prior or contemporaneous oral or written agreements, communications, or proposals.

SECTION 20 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, United States, without regard to its principles of conflicts of law.

Any dispute, controversy, claim, or legal action arising out of or relating to these Terms or your purchase of products through the storefront shall be instituted exclusively in the state or federal courts located in Clermont County or Hamilton County, Ohio. You and Night Owl Collective LLC irrevocably submit and consent to the exclusive personal jurisdiction and venue of such courts.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes.

Your continued access to or use of the Services following the posting of any updates constitutes binding acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions regarding these Terms of Service, corporate inquiries, or store notices should be directed to:

Night Owl Collective LLC

Doing Business As: Shop Beauty Batch

1101 W Loveland Ave

Loveland, OH 45140, USA