Terms of service
Welcome to Brwn In A Box LLC ("Brwn In A Box," "we," "us," or "our"), a subscription-based e-commerce platform dedicated to curating and delivering monthly haircare boxes featuring handcrafted, organic products specifically formulated for textured hair. These Terms and Conditions ("Terms") govern your access to and use of the Brwn In A Box website (https://www.brwninabox.com/) and related services (collectively, the "Website" or "Platform"). For the purposes of these Terms, a User ("you," "your," or "User") refers to any individual who visits, registers for, accesses, or uses the Brwn In A Box Platform, including subscribers, single-purchase customers, and visitors browsing the Platform.
By using the Website, you agree to these Terms, which apply to all interactions with our services, including subscriptions, purchases, and communications.
1. OVERVIEW OF SERVICES
1.1. Brwn In A Box operates a subscription-based e-commerce platform that curates and delivers monthly haircare boxes featuring handcrafted, organic products specifically formulated for textured hair. Our offerings include:
1.1.1. Monthly Subscription Boxes: Each box contains one (1) hair shampoo, one (1) hair conditioner, one (1) hair moisturizer, and one (1) complimentary gift, with product sizes ranging from 2 oz to 16 oz.
1.1.2. Single Purchase Boxes: Customers may opt for a one-time purchase instead of a subscription.
1.1.3. Customizable Options: Occasionally, customers may mix and match products to suit their preferences, subject to availability.
1.1.4. Vendor Partnerships: We collaborate with vendors who manufacture and supply handmade, organic haircare products, which we feature in our boxes and promote through referral-based sales models.
2. ACCEPTANCE OF TERMS
2.1. Your access to and use of the Website and our services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, subscribers, and customers who access or use the Website. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you disagree with any part of these Terms, you must not use the Website.
2.2. Brwn In A Box strives to ensure that the Website is accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and other applicable laws. If you encounter accessibility barriers, please contact us at support@brwninabox.com, and we will work to address your concerns.
3. ELIGIBILITY
3.1. To use the Website or subscribe to our services, you must:
3.1.1. Be at least 18 years of age or have the permission of a parent or legal guardian if you are under 18.
3.1.2. Provide accurate, current, and complete information during account creation or purchase processes.
3.1.3. Reside in a jurisdiction where use of the Website is permitted by applicable law.
3.2. Brwn In A Box does not knowingly collect personal information from individuals under 13 years of age, in compliance with the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you may not use the Website. If you are under 18, you may use the Website only with the consent of a parent or legal guardian.
3.3. If you access the Website or order products from outside the United States, you are responsible for complying with all applicable local laws, including customs regulations and import duties. Certain products may not be available for international shipping due to export control laws or restrictions on organic products. Brwn In A Box reserves the right to refuse or cancel orders where delivery is not feasible or violates applicable laws.
4. ACCOUNT REGISTRATION AND SECURITY
4.1. Account Creation: To access certain features of the Website, such as subscribing to our monthly boxes or making purchases, you may need to create an account. You agree to:
4.1.1. Provide accurate, current, and complete information during registration.
4.1.2. Maintain and promptly update your account information to keep it accurate.
4.1.3. Maintain the confidentiality of your account credentials, including your username and password.
4.1.4. Accept responsibility for all activities that occur under your account.
4.2. Account Security: You are responsible for safeguarding your account and restricting access to your devices. Brwn In A Box is not liable for any loss or damage arising from unauthorized access to your account due to your failure to secure your credentials. If you suspect unauthorized access, you must notify us immediately at support@brwninabox.com.
4.3. Account Termination: We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion, including for violations of these Terms or applicable law.
5. TERMINATION
5.1. By You: You may terminate your account at any time by contacting us at support@brwninabox.com or through the account management features on the Website. Upon termination, your access to account-specific features, including subscription services, will cease, but you will receive any shipments already paid for. No refunds will be provided for partial subscription periods.
5.2. By Brwn In A Box: We may terminate your account or access to the Website or services immediately, with or without notice, for reasons including but not limited to: (a) violation of these Terms; (b) fraudulent or illegal activity; (c) failure to resolve payment issues; or (d) at our sole discretion for business or operational reasons. Upon termination, you must cease all use of the Website and services, and any licenses granted under these Terms will be revoked.
5.3. Effect of Termination: Upon termination by either party, you remain responsible for any outstanding payments or obligations incurred prior to termination. Provisions of these Terms that by their nature should survive termination, including but not limited to Sections 11 (Intellectual Property), 15 (Limitation of Liability), 17 (Indemnification), 19 (Dispute Resolution), and 10 (Confidentiality), will remain in effect.
6. SUBSCRIPTION AND PURCHASE TERMS
6.1. Subscription Plans: Brwn In A Box offers monthly subscription plans and single-purchase options. By subscribing, you agree to:
6.1.1. Receive a curated haircare box each month, containing one (1) shampoo, one (1) conditioner, one (1) moisturizer, and one (1) complimentary gift, unless otherwise specified.
6.1.2. Pay the applicable subscription fee, which will be automatically charged to your designated payment method at the start of each billing cycle.
6.1.3. Allow occasional customization of products, subject to availability and as indicated on the Website.
6.2. Payment Terms
6.2.1. Payment Methods: We accept payments via credit card, debit card, ACH transfer, wire transfer, Wave Accounting, or CloverGO. We do not accept payments via Zelle, Cash App, Venmo, or PayPal.
6.2.2. Billing: Subscription fees are charged in advance of each billing cycle. Single-purchase fees are charged at the time of order placement.
6.2.3. Taxes: All prices exclude applicable taxes, which will be added at checkout as required by law.
6.2.4. Failed Payments: If a payment fails, we may suspend or terminate your subscription until payment is received. You will be notified of payment issues via email.
6.3. Cancellation Policy: You may cancel your subscription at any time, subject to the following:
6.3.1. Online Cancellation: Log into your account at www.brwninabox.com, navigate to “My Subscription” under your username, and select “Cancel Subscription.”
6.3.2. Email Cancellation: Email your cancellation request to support@brwninabox.com, including your full name and the email address associated with your account.
6.3.3. Phone Cancellation: Call +1 (216) 903-3131 and leave a voicemail if outside business hours. We will respond via email within 48 hours.
6.3.4. Timing: To avoid charges for the next billing cycle, cancel at least seven (7) business days before your next scheduled delivery. Cancellations are processed immediately, but you will receive any shipments already paid for.
6.3.5. No Partial Refunds: We do not offer refunds for partial subscription periods. Your subscription remains active until the end of the current billing cycle.
6.4. Return and Refund Policy
6.4.1. Return Policy: We offer a 15-day return policy for defective or non-conforming products. To initiate a return, contact us at support@brwninabox.com within 15 calendar days of receipt. You are responsible for return shipping costs unless the product is defective, in which case we will cover return shipping.
6.4.2. Refund Process: Refunds or replacements for approved returns will be processed within ten (10) calendar days of receiving the returned product.
6.4.3. Non-Returnable Items: Products that have been used, opened, or damaged by the customer are not eligible for return unless defective.
6.5. Delivery
6.5.1. Products are delivered to the address provided during checkout. We are not responsible for delays or losses due to incorrect addresses provided by you.
6.5.2. Delivery times may vary based on location and shipping method. You will receive tracking information once your order ships.
6.6. Subscription Auto-Renewal and Charge Disputes
6.6.1. Auto-Renewal Consent: By enrolling in a subscription plan, you expressly consent to Brwn In A Box automatically charging your designated payment method for each billing cycle until you cancel your subscription in accordance with Section 5.3. You will receive a reminder email seven (7) days prior to each billing cycle to inform you of the upcoming charge.
6.6.2. Disputed Charges: If you believe a charge is incorrect, you must notify us at support@brwninabox.com within thirty (30) days of the charge. We will investigate and respond within ten (10) business days. Failure to notify us within this period waives your right to dispute the charge, except where prohibited by law.
6.7. Product Safety and Allergen Disclaimer
6.7.1. Our products are handcrafted and organic, formulated for textured hair. Ingredients are listed on the product packaging and, where feasible, on the Website. You are responsible for reviewing ingredient lists to ensure compatibility with your skin or hair type and to avoid allergens. Brwn In A Box is not liable for adverse reactions resulting from product use, except in cases of defective products as outlined in Section 5.4. Consult a dermatologist or professional if you have concerns about allergies or sensitivities.
6.8. Subscription Plan and Price Changes
6.8.1. Brwn In A Box reserves the right to modify subscription plans, product offerings, or pricing at any time. Such changes will be communicated to subscribers via email or through your account on the Website at least thirty (30) days before taking effect. If you do not agree to the changes, you may cancel your subscription in accordance with Section 5.3 before the changes take effect. Continued use of the subscription after the effective date constitutes your acceptance of the modified terms.
6.9. Promotional Offers and Discounts
6.9.1. Brwn In A Box may offer promotional discounts, coupon codes, or special offers from time to time. Such offers are subject to specific terms, including expiration dates, usage limits, and eligibility requirements, which will be communicated at the time of the offer. Promotions cannot be combined unless explicitly stated and are not redeemable for cash. Brwn In A Box reserves the right to modify or cancel promotional offers at any time without notice.
7. VENDOR PARTNERSHIPS AND COMMISSIONS
7.1. Brwn In A Box partners with vendors who supply handmade, organic haircare products for inclusion in our subscription boxes. We also promote these vendors’ products through a referral-based sales model, earning a commission of 10% to 15% on gross sales generated through our referral links, tracking identifiers, or coupon codes. These partnerships are governed by separate vendor agreements and do not affect your obligations as a user under these Terms.
7.2. All transactions, including subscriptions and single purchases, are conducted directly with Brwn In A Box, not with our vendor partners. For issues related to product quality, delivery, or returns, you must contact Brwn In A Box at support@brwninabox.com, and we will coordinate with vendors as needed. Brwn In A Box is solely responsible for customer support and dispute resolution under these Terms.
8. PRIVACY AND DATA PROTECTION
8.1. Your use of the Website is subject to our Privacy Policy, available at www.brwninabox.com/privacy-policy, which governs our collection, use, and disclosure of your personal information. In compliance with the California Consumer Privacy Act (CCPA) and other applicable laws, we:
8.1.1. Provide clear disclosures about the categories of personal information we collect and how it is used.
8.1.2. Allow California residents to request access to, deletion of, or opt-out of the sale of their personal information, subject to verification.
8.1.3. Do not sell personal information without your explicit consent, as defined under CCPA.
8.2. For users in the European Union, Brwn In A Box complies with the General Data Protection Regulation (GDPR). EU users may request access to, correction of, or deletion of their personal data by contacting support@brwninabox.com. Requests will be processed within thirty (30) days, subject to verification. We may retain certain data as required by law or for legitimate business purposes, as outlined in our Privacy Policy.
9. ELECTRONIC COMMUNICATIONS
9.1. By using the Website, sending emails to us, or interacting with our services, you consent to receive electronic communications from us, including emails, notices, and disclosures. These communications satisfy any legal requirement that such communications be in writing. You may opt out of marketing emails by following the unsubscribe instructions provided in those communications, but you cannot opt out of transactional or service-related communications.
10. CONFIDENTIALITY
10.1. Any non-public information provided by Brwn In A Box to you, or by you to Brwn In A Box, including but not limited to business plans, product formulations, vendor agreements, or customer data, is considered confidential ("Confidential Information"). You agree not to disclose, publish, or otherwise use Confidential Information for any purpose other than as necessary to use the Website or services, without prior written consent from Brwn In A Box.
10.2. Exceptions: Confidential Information does not include information that: (a) is or becomes publicly available through no fault of yours; (b) was known to you prior to disclosure by Brwn In A Box; (c) is rightfully received from a third party without restriction; or (d) is independently developed by you without use of Confidential Information.
10.3. You agree to use reasonable measures to protect Confidential Information and to notify Brwn In A Box immediately at support@brwninabox.com if you become aware of any unauthorized disclosure or use. This obligation survives termination of these Terms.
11. INTELLECTUAL PROPERTY
11.1. Ownership: All content on the Website, including text, graphics, logos, images, software, and compilations thereof, is the property of Brwn In A Box or its suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, or create derivative works of any content without our prior written consent.
11.2. License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. You may not:
11.2.1. Use the Website or its content for any unlawful or prohibited purpose.
11.2.2. Copy, modify, or distribute any content without permission.
11.2.3. Remove or alter any copyright, trademark, or proprietary notices.
11.3. User Submissions: By submitting content to the Website (e.g., reviews, feedback, or comments), you grant Brwn In A Box a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute such content in connection with our business operations. You represent and warrant that you own or control all rights to your submissions and that they do not infringe third-party rights.
12. THIRD-PARTY LINKS AND SERVICES
12.1. The Website may contain links to third-party websites or services ("Linked Sites") that are not controlled by Brwn In A Box. We are not responsible for the content, policies, or practices of Linked Sites. Links are provided for convenience only and do not imply endorsement. You access Linked Sites at your own risk.
12.2. Certain services, such as payment processing or shipping, are provided by third-party providers. By using these services, you consent to us sharing necessary information with these providers to facilitate your transactions.
13. PROHIBITED USES
13.1. You agree not to use the Website or our services to:
13.1.1. Engage in unlawful, harassing, defamatory, or abusive conduct.
13.1.2. Upload content that infringes intellectual property rights or violates privacy or publicity rights.
13.1.3. Introduce viruses, malware, or other harmful code.
13.1.4. Interfere with the Website’s operation or other users’ enjoyment.
13.1.5. Collect or harvest personal information without consent.
13.1.6. Violate any applicable laws or regulations.
13.2. We reserve the right to investigate and take appropriate action, including legal action, against anyone who violates these prohibitions.
13.3. You agree to engage with the Website and its Communication Services in a respectful and inclusive manner. Prohibited conduct includes posting or transmitting content that is discriminatory, offensive, or harmful based on race, ethnicity, gender, sexual orientation, religion, disability, or other protected characteristics. Brwn In A Box reserves the right to remove such content and suspend or terminate accounts for violations of these standards.
14. COMMUNICATION SERVICES
14.1. The Website may include features such as reviews, forums, or other interactive areas ("Communication Services"). You agree to use these services only for lawful and appropriate purposes. Prohibited actions include, but are not limited to:
14.1.1. Posting defamatory, obscene, or infringing content.
14.1.2. Uploading files containing viruses or harmful software.
14.1.3. Engaging in unauthorized advertising or solicitations.
14.2. We reserve the right to monitor, edit, or remove content posted to Communication Services and to terminate access to these services for violations of these Terms.
15. LIMITATION OF LIABILITY
15.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRWN IN A BOX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
16. DISCLAIMER OF WARRANTIES
16.1. THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:
16.1.1. THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
16.1.2. PRODUCTS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM DEFECTS.
16.1.3. INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, OR UP-TO-DATE.
17. INDEMNIFICATION
17.1. You agree to indemnify, defend, and hold harmless Brwn In A Box, its affiliates, officers, directors, employees, agents, and suppliers from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from:
17.1.1. Your use of or inability to use the Website or services.
17.1.2. Your violation of these Terms or any applicable law.
17.1.3. Your submissions or content posted on the Website.
17.1.4. Your infringement of third-party rights.
17.2. We reserve the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate fully in such defense.
18. GOVERNING LAW
18.1. These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Cuyahoga County, Ohio, and you consent to the exclusive jurisdiction and venue of such courts.
19. DISPUTE RESOLUTION
19.1. Informal Resolution: Any disputes arising under these Terms will first be addressed through good-faith negotiations. You must provide written notice of the dispute to support@brwninabox.com, detailing the issue. We will engage in discussions for at least thirty (30) days before escalating to mediation or arbitration.
19.2. Mediation: If informal resolution fails, disputes will be submitted to non-binding mediation in Cleveland, Ohio, before a mutually agreed-upon mediator. Mediation costs will be shared equally, and each party will bear its own legal fees. Mediation must commence within sixty (60) days of failed informal resolution unless mutually extended.
19.3. Arbitration: If mediation fails, disputes will be resolved through binding arbitration in Cleveland, Ohio, under the rules of the American Arbitration Association (AAA). The arbitration will be conducted by a single neutral arbitrator selected by mutual agreement or appointed by the AAA. The arbitrator’s decision is final and binding, and judgment may be entered in any court of competent jurisdiction. Each party will bear its own legal fees, and arbitration costs will be shared equally unless the arbitrator awards otherwise.
19.4. Exceptions: For disputes involving breaches of intellectual property, confidentiality, or non-solicitation obligations, Brwn In A Box may seek immediate injunctive relief in a court of competent jurisdiction without pursuing informal resolution or mediation.
19.5. Class Action Waiver: Arbitration will occur on an individual basis. Class arbitrations, class actions, or representative actions are not permitted. You may bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.
20. FORCE MAJEURE
20.1. Brwn In A Box will not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions. We will notify you of such events and resume performance as soon as practicable.
21. MISCELLANEOUS
21.1. Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and Brwn In A Box regarding the Website and our services, superseding all prior agreements or communications.
21.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
21.3. No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless expressly stated in writing.
21.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.
21.5. Notices: All notices must be in writing and sent to:
21.5.1. Brwn In A Box: support@brwninabox.com or 8584 Washington St #2034, Chagrin Falls, Ohio 44023.
21.5.2. Notices are deemed effective upon receipt or three (3) business days after mailing via certified mail, whichever is earlier.
21.6. Electronic Signatures: These Terms may be accepted electronically (e.g., by clicking “I Agree” or using the Website), and such acceptance is binding as an original signature.
21.7. Survival: Provisions regarding intellectual property, indemnification, limitation of liability, dispute resolution, and confidentiality will survive termination of these Terms.
21.8. Updates to Terms: We reserve the right to modify these Terms at our discretion. The most current version will be posted on the Website and will supersede all previous versions. We encourage you to review these Terms periodically. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.
21.9. Service Discontinuation: Brwn In A Box reserves the right to discontinue the Website or any services, including subscription plans, at any time for business or operational reasons. In such cases, we will provide subscribers with at least thirty (30) days’ notice via email or through the Website. Affected subscribers will receive a pro-rata refund for any prepaid, unused portion of their subscription, unless otherwise prohibited by law.
22. ACKNOWLEDGMENT
22.1. By accessing and using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
CONTACT INFORMATION
For questions or comments regarding these Terms, contact us at:
Brwn In A Box LLC
8584 Washington St #2034
Chagrin Falls, Ohio 44023
Email: support@brwninabox.com
Phone: +1 (330) 293 - 1903