Terms and Conditions – HairCycle

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, ReyTheme accessible at www.haircycle.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agree to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website’s Standard Terms and Conditions.

Minors or people below 15 years old are not allowed to use this Website.

Payment

Invoices are due and payable from the invoice’s date unless discussed previously with HairCycle. Payment must be made in the method and currency identified by HairCycle may invoice parts of an order separately or together in one invoice. All invoices shall be deemed accurate unless the Customer advises HairCycle in writing of a material error within 10 days following receipt. If Customer advises HairCycle of a material error, (i) any amounts corrected by HairCycle in writing shall be paid within 14 days of correction and (ii) all other amounts shall be paid by Customer by the due date. If Customer withholds payment upon an assertion that an invoiced amount is erroneous, and HairCycle concludes that such amount is accurate, Customer shall pay interest as described below from the due date for such amounts until HairCycle’s receipt of those amounts. The customer may not offset, defer, or deduct any invoiced amounts that HairCycle determines are not erroneous following the notification process set forth above. HairCycle may charge interest at the rate of 1.5% per month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. HairCycle, without waiving any other rights or remedies and without liability to the Customer, may refuse additional orders for Products until all overdue amounts are paid in full. HairCycle shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts. If in HairCycle’s sole judgment Customer’s financial condition does not justify the terms of payment specified herein, HairCycle may cancel this contract unless Customer shall immediately pay for all Products which have been delivered and pay in advance for all Products to be delivered. Products held for Customer are at Customer’s sole risk and expense.

Taxes

The customer is responsible for sales tax (only if purchased in the US state of Georgia) and any other taxes or governmental fees associated with the Order. If the Customer qualifies for a tax exemption, the Customer must provide HairCycle with a valid certificate of exemption or other appropriate proof of exemption. The customer shall also pay all freight, insurance, and taxes (including but not limited to import or export duties, sales, use, value add, and excise taxes).

Shipping Charges

Shipping and handling charges are not included in Product prices unless expressly indicated at the time of sale. The title to the Products passes from HairCycle to the Customer upon delivery to the carrier for shipment, which is generally FedEx unless requested by the customer. Loss or damage that occurs during shipping (including returns) is the responsibility of the Customer. Shipping and delivery dates are estimates only. HairCycle shall not be liable for any loss or expense (consequential or otherwise) incurred by Customer if HairCycle fails to meet the specified delivery schedule because of production or other delays including but not limited to delays caused by labor troubles (including without limitation, strikes, slowdowns and lockouts), civil disturbance, government regulations, inability to obtain or revocation of export and import licenses, interruptions of or delay in transportation, material shortages, power failures, accidents or any other fact beyond HairCycle’s control. In the case of force majeure HairCycle is exempted from the commitment of delivery for the duration of the disturbance. In that case, HairCycle reserves the right of cancellation. In case of delivery delay at the express request of the Customer or through its fault, the Customer carries the costs and risk of storage of the Products.

Returns and Exchanges

Customers may return eligible Products for a credit, or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees, as set forth below. All eligible Products may be returned within 30 days from the date of delivery for a credit or a refund of the purchase price paid, less shipping and handling, and a 25% restocking fee. Any Product returned to HairCycle without prior authorization from HairCycle will be considered an unauthorized return, and the Customer will not receive credit for the Product and HairCycle will not ship the Product back to the Customer. Exceptions to HairCycle’s 30-day Return Period: Consumables may not be returned at any time. For the purpose of this Agreement, “Consumables” means anything that is disposed of immediately after use, which is the HairCycle items.

Before returning Products, the Customer must contact HairCycle to obtain an authorization number for Customer’s return before the end of the applicable return period. The customer must return the Product in its original or equivalent packaging, and the Customer is responsible for the risk of loss and shipping and handling fees. A 25% restocking fee shall apply to all returns. If the Customer fails to follow the return instructions, HairCycle will not be responsible for any loss, damage, or modification of the Product, or processing of Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the Customer’s purchase. Title to returned Products shall pass to HairCycle upon receipt at the specified HairCycle facility.

Warranties

A. HairCycle warrants to Customer that for a 60-day period as applicable for all items following the delivery of the Product(s) to Customer, the Product(s) will be free from material defects and will conform to any descriptions on the face of this Agreement.

THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE

All Products shall be deemed and presumed to be in full compliance with the warranties made herein unless, as shown above, within the date of delivery, Customer shall have notified HairCycle in writing to the contrary. Following such notice, HairCycle will at its option replace any Products that fail to meet the warranties in this Agreement, provided such Products are returned freight prepaid and insured by Customer to HairCycle’s office. Replaced Products will be returned to the Customer, and freight prepaid by HairCycle Products not qualifying for warranty work will be returned at the Customer’s expense. This paragraph states the Customer’s sole and exclusive remedy for breach of warranty.

B. THE ABOVE WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS, USE OF PRODUCT(S) NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS OR SERVICES. ANY WARRANTY FOR A THIRD-PARTY PRODUCT IS PROVIDED BY THE ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED BY HAIRCYCLE “AS IS.”

C. EXCEPT AS EXPRESSLY STATED ABOVE OR IN THE EXPRESS WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAIRCYCLE (INCLUDING HAIRCYCLE AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (ii) FOR ANY THIRD-PARTY PRODUCTS; OR (iii) FOR THE PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ANY PRODUCTS. The HairCycle-branded Products are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Products or Services could lead directly to death, personal injury, or severe physical or property damage (collectively, “High-Risk Activities”). HairCycle expressly disclaims any express or implied warranty of fitness for High-Risk Activities.

Limitation of liability

THE MAXIMUM LIABILITY IF ANY OF HAIRCYCLE FOR ALL DIRECT DAMAGES INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURY TO PERSONS OR PROPERTY, WHETHER ARISING FROM HAIRCYCLE’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PARTICULAR PRODUCTS PURCHASED BY CUSTOMER. IN NO EVENT SHALL HAIRCYCLE BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHTS TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN THE CUSTOMER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Entire Agreement – Severability

This Agreement is the entire agreement with respect to its subject matter and supersedes all prior or contemporaneous communications or agreements that may exist. Any preprinted terms on the Customer’s purchase order shall be of no force or effect and are expressly rejected. Modifications to this Agreement will be made only through a written amendment signed by both parties. If any provision of this Agreement is found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force. No rights may arise by implication or estoppel, other than those expressly granted herein.

Miscellaneous

A. Jurisdiction and Venue. The sale of the Product shall be interpreted, construed, and enforced according to the laws of the State of Georgia. The parties hereto irrevocable consent to the jurisdiction and venue of the state courts located in Atlanta, Georgia, and of the United States District Court of Georgia, Northern District, Atlanta Division in any action arising out of or related to this sale or agreement and hereby waive any other venue or jurisdiction to which they might be entitled by domicile or otherwise, unless the parties hereto mutually agree, in writing, to some other expressly identified jurisdiction.

B. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.

C. No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

D. Dispute Resolution. Customer and HairCycle will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediation will be treated as confidential. If the parties are unable to reach a resolution within 30 days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law or in equity.

E. Notices. Notice to HairCycle under this Agreement must be in writing and sent by registered or certified mail (postage prepaid first-class mail and return receipt requested) by overnight delivery service to the address below and will be effective upon receipt.

HairCycle – Attorneys for use: