Last Updated: April 22, 2022
Below please find Virtue’s Term and Conditions (these “Terms”). You agree that your use of this website, Virtue mobile applications or blogs (collectively, the “Sites”) and your purchase of any Virtue products (“Products”) from the Sites are subject to these Terms and all applicable laws. Any access or use of the Sites is undertaken at your own risk. You agree that you will not violate any law, contract, intellectual property or third party right while using the Sites or use unauthorized means to access and use the Sites.
This Web site is operated by Virtue. The Web site address is www.virtuelabs.com. The mailing address for Virtue is 426 S. Dawson St., Raleigh, NC 27601.
Virtue may change or modify these Terms at any time. We will provide notice of such changes by sending an email, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. Your use of the Sites after these changes constitutes your acceptance of the revised Terms.
The Sites are intended for use by those 18 or older. By using the Sites, you warrant that you are 18 years of age or older, have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites.
Registration, Account and Communication Preferences
Certain areas and features of the Sites require that you register for a Virtue account. By creating an account, you agree to:
- Provide accurate, current and complete account information
- Maintain and update your account information
- Maintain the security of your account credentials
- Be responsible for the actions on our Sites by anyone who uses the Sites on your behalf
- Immediately notify us of any suspicious activity or security breaches related to the Site or your account.
By creating an account, you agree to opt in to receiving electronic or other communications from Virtue and that any electronic notifications we send you satisfies any legal requirements that communications be in writing. We may also send you promotional emails, including promotions, offers, newsletters, surveys and other information we think will be of interest to you. You may opt-out of those promotional emails by following the unsubscribe instructions contained within.
To the extent we decide to offer a loyalty or rewards program, a customer account will be required to be a member of that program. We may decide to auto enroll all Virtue customers with an account into a loyalty or rewards program at no cost to you. You may cancel your membership in our loyalty program by deleting your account. We may offer rewards or other benefits in that program that are based on your spending on the Sites. Any returns of Virtue Products will be deducted from your spending on the Sites.
When making a purchase on the Sites, you may decide to purchase through an account you create, or have created, on the Sites or you may decide to purchase without creating or using an account (“Guest Purchase”). By making a “Guest Purchase” on the Sites, you agree to opt in to receiving electronic or other communications from Virtue and that any electronic notifications we send you satisfies any legal requirements that communications be in writing. We may also send you promotional emails, including promotions, offers, newsletters, surveys and other information we think will be of interest to you. You may opt-out of those promotional emails by following the unsubscribe instructions contained within.
We may offer the opportunity for you to purchase full-size Virtue product(s) on an ongoing basis and have them shipped to you them automatically based on an interval that you set from a dropdown selection of intervals of days between purchases. You will be billed at the time we process each subscription order for you. Subscription purchases are not eligible for payment over time through our partnership with AfterPay Google Pay, Apple Pay or other similar payment partners and PayPal is not available for subscription purchases. In order to make a subscription purchase, you must create an account. For more information, please visit www.virtuelabs.com/subscriptions on our website.
Subscription purchases are available to U.S. residents only.
By registering for subscription purchases, you agree that Virtue or our third party payment process is authorized to charge you for your subscription product purchases. You also agree that those purchases are continuous until you pause or cancel your subscription purchases or we suspend or stop the program. You may change the intervals between, pause or cancel your subscription purchases at any time through your account. Any order identified as “Order Processed” or “Shipped” has been processed and cannot be cancelled. You will be responsible for all charges, included taxes and shipping (if applicable), for that order.
Virtue reserves the right to change the products available for subscription purchases at any time, as well as to suspend or stop the program. If we decide to suspend or stop the program, we will notify you via email. You will not be responsible for paying for any subscription purchases you are scheduled to receive should we suspend or stop the program.
Cancelling subscription purchases does not opt you out from receiving Virtue email or promotional communications, unless you expressly unsubscribe from those communications.
Subscription purchases are not eligible for Virtue discounts, other than any ongoing discount for subscribing. If you have an order that includes subscription items and non-subscription items, any promo code you apply to the order will be applied only to the non-subscription items. For example, you order a product via subscription that costs $36 at the subscription price and you also include an item via a one-time purchase that costs $40. If you apply a 20% off promo code to that order, the 20% off will only be applied to the $40 non-subscription item. The cost of that item will then be $32 ($40 minus $8 20% off discount) and your total cart would be $68 before taxes and shipping.
If a subscription order occurs during a period when we offer a free gift for meeting or exceeding a set dollar amount of an order, the subscription order will count toward the dollar amount. In the example above, if we offered a free gift for purchases of $60+, you would receive the free gift, as your total cart is $68 before taxes and shipping ($36 for the subscription item + $32 for the non-subscription item).
We may offer free trials of our subscription purchases for specified periods of time without payment. The specific terms of your free trial will be described in marketing materials or at registration.
Once your free trial ends, we will begin billing you on a recurring basis for your subscription based on the intervals you set, unless you cancel your subscription prior to the end of your free trial. We will not notify that you that your free trial has ended and your billing has begun.
Payment and Billing Information
We accept credit cards (American Express, Visa, MasterCard or Discover) as well as debit cards and PayPal for payment. When you provide a credit card or other accepted payment method, you warrant that you are authorized to use that payment method and you authorize us, or our third party payment processor, to charge your payment method for the total amount of your purchase (including taxes and shipping, if applicable) (collectively, an “Order”). Your Order may be suspended or cancelled if the payment method cannot be verified or is invalid. You may change or update your payment information by logging into your account.
We also offer AfterPay as an option to extend payment over time, by selecting that option at checkout. You may enroll in AfterPay while checking out on the Sites or by enrolling at www.afterpay.com. By enrolling in AfterPay, you are subject to their terms and installment agreement, which are available at www.afterpay.com. A customer account is required to utilize AfterPay on the Sites
Orders paid for with PayPal or AfterPay will be fully charged at time of order.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We may change our prices at our sole discretion and without notice. The shipment of your Order will confirm your acceptance of any price changes.
All Orders are subject to Product availability. We reserve the right to impose quantity limits on any Order or to reject all or part of an Order. We also reserve the right to discontinue offering certain Products and to substitute Products without prior notice.
Discount codes or coupons, or promo codes or coupons obtained from third parties, coupon aggregators, or any other non-Virtue Labs sources will be honored at Virtue’s sole discretion. Orders placed using those codes may be canceled at any time at Virtue’s sole discretion.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier and any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible.
Resale of Virtue Products
You are not permitted to resell or otherwise use the Products for commercial purposes.
Returns and Refunds
You may return all or a portion of your Order If you are dissatisfied with your Virtue Product within 30 days of purchase. Please contact us at email@example.com or by calling us at 844-782-4247 in order to receive a refund.
License to Access and Use Our Sites and Content
The Virtue logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Virtue or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are granted permission to electronically copy and print hard copies of pages from the Sites solely for personal, non-commercial purposes related to the placement of an order or shopping on the Sites. Any other use of the Sites is prohibited, unless Virtue’s permission is first obtained.
Virtue, the Virtue logo, Virtue Product or service names, Virtue slogans and www.virtuelabs.com, as well as page headers, custom graphics, buttons, images and other content on this Web site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Virtue and its licensors. Non-Virtue trademarks, product names and company names or logos used on this web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Web site is strictly prohibited.
You may create a text hyperlink to the Sites for noncommercial purposes, as long as that link does not portray Virtue or our Products in a false, misleading or negative manner or does not contain any adult, illegal or offensive material. You may not use a Virtue logo or other Virtue graphic without our express written permission.
During the course of your interaction with Virtue and the Sites, you may be asked to provide, or provide of your own volition, feedback, reviews, videos, photos, blog posts, social media posts, tips and tricks, etc. (collectively, “User Content”) from your use of Virtue Products. By providing this User Content to Virtue and the Sites, you hereby agree to let us use or reproduce this content on the Sites, royalty-free, on social networking sites and/or in our communications to customers and potential customers. You understand that this User Content will be viewable by others in accordance with the privacy settings you establish.
Any User Content must not be unlawful, libelous, defamatory, obscene, pornographic, invasive, abusive or criminal in any way.
Virtue reserves the right to remove or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
This website may contain typographical errors or inaccuracies and may not be complete or current. Virtue reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Virtue reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
Modifications to the Sites and Products
We may modify, suspend or discontinue the Sites or our Products at any time.
If the merchandise you have selected is currently not in stock we will give you an expected shipping time at checkout or by a follow-up email. We may choose to ship the in-stock portion of your order to you first and then ship items not in stock separately when they become in stock.
Virtue uses different carriers to make sure your items arrive to you on time:
- Federal Express
- United Parcel Service (UPS)
- United States Postal Service (USPS).
We use the USPS for P.O. Boxes, APO and FPO addresses.
Beauty Items with Restrictions on Air Shipping
Restricted items include aerosols, pressurized spray cans and alcohol-based Products (including hairspray). Due to air transport restrictions and regulations, these items are required by the U.S. Department of Transportation to be shipped by Standard Ground Shipping only. These restricted items are not eligible for Premium or Overnight Shipping.
Shipping Options and Times
For standard delivery, we will ship your order within two business days after you place your order. Expected delivery dates are one to five business days after we ship.
For expedited shipping/rush/express delivery, orders placed by 3 p.m. ET will be shipped that same business day. Orders placed after 3 p.m. ET will be processed the following business day.
Expedited/rush shipping is available for an additional charge per order and will be delivered one to two business days after shipping.
Express delivery is available for an additional charge per order and will be delivered one business day after shipping.
All shipping options and times are subject to change, based on circumstances outside the control of Virtue.
Text Message Policy
To the extent that Virtue decides to use text messaging to communicate with customers and stylists, by providing Virtue with your mobile phone number and opting into receiving text messages (including SMS and MMS), you agree that Virtue may send you text messages. These messages may include messages about your purchase or shipment of Virtue Products, special offers, new Products and other promotions or marketing programs. If you’ve created a customer account on www.virtuelabs.com, we may also send you account maintenance messages, reminders to re-purchase Virtue Products or alert you to when your next Subscription Purchase Program Order will be processed and sent to you.
If you are a stylist and participate in Virtue’s salon or stylist program and you have opted-in to receiving text messages, we may send you messages about your salon or stylist account, Product and usage information and tips, content we think you may find interesting and information about your customers who buy Virtue Products.
When you opt in to receive text messages from Virtue, we may send you a confirmation text message that you will need to reply to complete the process. Message and data rates apply. If you change your mobile number, you agree to notify Virtue of this change and update your account to reflect this change.
Third Party Services
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Sites, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. You may close your account at any time by contacting Customer Care by phone at 844-782-4247 or by emailing us at firstname.lastname@example.org. Upon any termination of these Terms or suspension, termination, or discontinuation of the Sites or your account, provisions of these Terms intended to survive by their nature will survive including without limitation, Disclaimer, Indemnification, Limitation of Liability, Dispute Resolution and General Terms.
IT IS EXPRESSLY AGREED THAT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OR ANY AFFIRMATION OF FACT, OR PROMISES, BY VIRTUE WITH REFERENCE TO THE PRODUCTS. VIRTUE DOES NOT GUARANTEE ANY RESULTS BY USING THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS DISCLAIMER AND ALL OTHER INSTRUCTIONS, WARNINGS, CAUTIONS AND NOTICES MARKED ON OR PROVIDED WITH THE PRODUCTS.
THE SITES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Sites or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Sites or any Content.
You will indemnify and hold harmless Virtue or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Sites; (ii) violation of any provision of these Terms, or (iii) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to hold Virtue responsible for any damages or other liabilities arising from your use of the Products.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER VIRTUE, ITS SUPPLIERS, DISTRIBUTORS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING VIRTUE PRODUCTS AND SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VIRTUE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIRTUE OR ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, LICENSORS, OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING VIRTUE PRODUCTS AND SERVICES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF VIRTUE, OR ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, LICENSORS, OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING VIRTUE PRODUCTS AND SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE VIRTUE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR YOUR APPLICABLE PURCHASE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIRTUE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Virtue arising out of or relating to these Terms, the Sites, or any other Virtue Products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or your purchase of any Products.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Virtue, you agree to try to resolve the Dispute informally by contacting us at email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Virtue may bring a formal proceeding.
We Both Agree to Arbitrate: You and Virtue agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us at firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Raleigh, North Carolina, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Virtue will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Virtue may assert claims, if they qualify, in small claims court in Raleigh, North Carolina. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Virtue Products or the Sites, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Virtue on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Virtue agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Raleigh, North Carolina. Both you and Virtue consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Virtue Products or the Sites must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Virtue and you regarding the Sites and your purchase of any Products or services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Virtue and you regarding the Sites, your purchase of any Products or services, and Content.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Virtue’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Virtue may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Virtue under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Sites. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Virtue’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Virtue. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at email@example.com or at our mailing address below.
Virtue Labs, Inc.
426 S. Dawson St.
Raleigh, NC 27601