PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms as a part of the agreement by which you are purchasing any products (“Products”) from Cinderellahair, Inc. Please review the following terms and conditions carefully and check them periodically for changes. These Terms and Conditions apply to all sales of any Product from Cinderellahair, Inc. If you do not agree to the terms and conditions, you should not purchase or obtain any Products from this site or Cinderellahair, Inc. Cinderellahair, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the sale of any Product with or without notice. You agree that Cinderellahair, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the sale of any Product.
Generally:
These Terms and Conditions (the “Contract”) constitute an offer by Cinderellahair, Inc. (“Seller” or Cinderellahair, Inc.) to provide the products of Seller (the “Products”) to the original purchaser who purchases such Products (“Buyer”). Seller hereby objects to and rejects any additional, different or varying terms proposed by Buyer, unless Seller expressly assents to such terms in writing. SELLER’S AGREEMENT TO PROVIDE THE PRODUCTS IS EXPRESSLY CONDITIONED ON BUYER’S ASSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, NOTWITHSTANDING ANY LANGUAGE IN BUYER’S PURCHASE ORDER, IF ONE EXISTS, OR OTHER WRITING OR ORAL REPRESENTATION. THIS CONTRACT, INCLUDING ALL ITEMS EXPRESSLY INCORPORATED BY REFERENCE, CONSTITUTES THE FINAL EXPRESSION OF THE TERMS BETWEEN SELLER AND BUYER REGARDING THE PRODUCTS CONCERNING THE MATTERS SPECIFIED HEREIN AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THOSE TERMS. The rights and obligations contained herein shall inure to and be binding upon the parties, their legal representatives, successors and permitted assigns.
Cinderellahair, Inc. and Customer agree that the terms and conditions in this document shall govern exclusively the sale or licensing by Cinderellahair, Inc. of all products (collectively referred to as “Goods”). No addition or modification to any of the terms and conditions as they appear in this document shall be binding upon Cinderellahair, Inc. unless in writing and signed by an authorized representative of Cinderellahair, Inc.
By placing an order on this site, Buyer represents that you are (1) a professional in the beauty industry licensed as a cosmetologist or beautician, (2) that you have been trained by Cinderellahair, Inc. in the proper use of the products, (3) you are not purchasing this Product for resale, and (4) that you are 18 years of age or older. Cinderellahair, Inc. does not make sales of its products to the general public. If you are not either a professional in the beauty industry licensed as a cosmetologist or beautician, or if you have not been trained by Cinderellahair, Inc. in the proper use of the Products, of if you intend to resell the Product, or if you are under the age of 18, you are not authorized to make purchases on this site and you hereby waive any warranties applicable to the Products, either expressed or implied, and you assume all of the risks of using the products.
Notice Regarding Dispute Resolution:
These Terms contain provisions governing how claims you and Cinderellahair, Inc. have against each other are resolved (see Arbitration Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
Terms:
Payment is due when the order is placed unless payment terms are specifically approved in advance by Cinderellahair, Inc. If such terms are permitted in the invoice, terms are net thirty (30) days from date of invoice, subject to credit approval. Customer agrees to pay interest on all past due amounts at a rate of Ten Percent (10%) per annum. Customer to pay all costs of collection, including attorney fees.
Shipment:
Shipment will be F.O.B. Cinderellahair, Inc.’s warehouse or other point of shipment by Cinderellahair, Inc. Customer to pay all shipping, insurance, C.O.D. and related charges.
Title and Responsibility:
Title to the Products shall remain with Cinderellahair, Inc. as security only and until paid in full. Risk of loss or damage shall pass to Customer upon shipment from F.O.B. point.
Quotations:
All written quotations and pro forma invoices automatically expire unless accepted within five (5) days from the date quoted. Verbal quotations expire the same day they are made. In order for internet orders to be binding, quotations must specifically identify Goods and list the actual quantities involved. All stenographic and clerical errors are subject to correction.
Published Prices:
Prices shown in any Cinderellahair, Inc. publication, including the internet and website, are subject to change without notice and Customer shall not construe published prices as a definite quotation or offer to sell by Cinderellahair, Inc.
Taxes:
The Customer shall pay or reimburse Cinderellahair, Inc. for all sales, use, excise or similar taxes as they apply.
Scope Change:
All changes affecting Goods, delivery date or otherwise affecting the scope of the order are to be documented in writing and subject to prior approval at Cinderellahair, Inc. Headquarters. All changes approved by Cinderellahair, Inc. may result in price, delivery, specification, and/or other changes.
Trademarks, etc.:
All Trademarks, Service Marks, Trade Names, and Trade Dress are subject to the Cinderellahair, Inc. Intellectual Property Rights license agreement set forth below. By using the product, Customer agrees to the terms and conditions of the Cinderellahair, Inc. license agreement.
Warranty:
Seller warrants only that the Goods covered hereby shall be free from defects in material and workmanship under proper and normal use proven within six months from date of shipment to have existed on the date of shipment. The Cinderellahair, Inc. warranty for Goods shall be limited to the replacement of, or issuance of a credit for the Goods involved, at Cinderellahair, Inc.’s option, only after the return of such Goods with Cinderellahair, Inc.’s consent. Any warranty service (consisting of time, travel, and expenses related to such services) performed other than at Cinderellahair, Inc.’s factory, shall be at Customer’s expense.
Such warranty satisfaction is available only if (a) Cinderellahair, Inc. is promptly notified in writing upon discovery of an alleged defect and (b) Cinderellahair, Inc.’s examination of the subject Goods discloses, to its satisfaction, that any alleged defect has not been caused by misuse, neglect, improper installation, improper operation, improper maintenance, repair, alteration or modification, accident, or unusual deterioration or degradation of the Goods due to physical environment. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and thereby excludes certifications or the like for product performance, use or design with respect to any standard, regulation or the like (unless and to the extent independently approved in writing at Cinderellahair, Inc. Headquarters) AND EXTENDS ONLY TO CUSTOMER PURCHASING FROM Cinderellahair, Inc.
Nothing in this Agreement shall be construed to mean that the Seller assumes any liability for injuries to person(s) except those directly and solely due to the negligent acts of the Seller or its employees, and the Buyer’s own responsibility for injuries to persons while applying or attaching the Product to customers of Buyer is in no way affected by this Agreement. It is agreed that, when applying or attaching the Product to customers of Buyer, the Buyer is asserting possession and control over the Product and Buyer shall indemnify Seller for any and all claims made by customers of Buyer arising from applying or attaching the product to such customers.
Intellectual Property Rights Agreement: The Purchaser of this Product(s) is hereby granted a limited, restricted and non-transferable license to use the trade names “Cinderellahair”, and/or the name of any other Cinderellahair, Inc. Product, and the associated trade images only in connection with the retail use of the specific products purchased. Buyer specifically covenants and agrees that it will not re-sell the Product and that it will not sell the Products by use of the internet, a computer, television, satellite and /or cable transmissions.
Nothing in this agreement shall be construed to give Buyer any right to use any of the trademarks of Seller on or in connection with the sale of any goods or services other than the Products, and Buyer agrees not to make, or allow any of its affiliates or customers to make any such use. Any use of Seller’s trademarks or other intellectual property shall be subject to prior written approval of Seller and such restrictions as Seller may, in its sole discretion, impose from time to time. Seller may revoke such limited license at any time in its sole discretion. Buyer’s use of the trademarks, and any and all goodwill associated therewith, shall inure to Seller’s benefit. Buyer acknowledges and agrees that Seller owns all right, title and interest in and to its trademarks and trade names. Except as otherwise agreed by Seller, the packaging for the Products shall bear Seller’s trademarks and trade names, and Buyer shall not remove or efface such trademarks and trade names. Buyer will not re-sell any of the Products, except as part of the service to a customer of applying hair extensions, and will not repackage the Products in any manner and resell such Products utilizing a different trademark and/or trade name. Buyer and its affiliates agree to take all steps that Seller may from time to time consider to be necessary to perfect or protect Seller’s rights in the trademarks and trade names. Buyer shall inform Seller promptly of any potential or actual infringement of any of Seller’s trademarks and/or trade names or resale of the Products and shall provide all assistance and information required by Seller in connection with any such infringement or resale.
The obligations assumed by Buyer under the terms of this agreement to preserve, protect and defend the intellectual property rights of Seller and not to permit the resale of the Products are of a special, unique, unusual, extraordinary, and intellectual character which gives the obligations a peculiar value, the loss of which cannot be reasonably or adequately compensated in damages in an action at law. Buyer, therefore, expressly agrees that Seller, in addition to any other rights or remedies which Seller may have, shall be entitled to injunctive and other equitable relief to prevent a breach of this contract by Buyer. Should any party to this agreement be required to institute legal proceedings to enforce the terms of this agreement, the prevailing party shall be entitled to an award of attorney’s fees in addition to such costs as may be permitted by the Court.
Buyer shall also indemnify Seller for all costs, including actual attorney’s fees, incurred by Seller for any actions taken by the Seller to prevent an infringement of the intellectual property rights of the Seller or resale of the Products by any customer of the Buyer.
Limit of Liability:
IN NO EVENT, REGARDLESS OF CAUSE, SHALL Cinderellahair, Inc. ASSUME RESPONSIBILITY OR LIABILITY FOR (a) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (b) INDEMNIFICATION OF CUSTOMER OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES EACH ARISING OUT OF OR RELATED TO THE GOODS OR SERVICES OF THIS ORDER, OR FOR CERTIFICATION, UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN, OR (c) INDIRECT OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCE, INCLUDING ANY LOSS, INJURY, OR OTHER DAMAGES. Cinderellahair, Inc.’s MAXIMUM LIABILITY, INCLUDING DIRECT DAMAGES, SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE ORDER. THIS LIMITATION OF Cinderellahair, Inc. LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. ANY ACTION AGAINST Cinderellahair, Inc. MUST BE BROUGHT WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES.
Export Control:
Any Goods supplied by Cinderellahair, Inc. under these Terms and Conditions are subject to the United States Export Administration Act and Regulations, which includes the licensing of certain products. It is the responsibility of the exporter to comply with all export laws including the Act and Regulations.
Return of Goods:
Customers desiring to return or exchange Goods must first obtain a Return Merchandise Authorization (“RMA”) number. The RMA number must appear on the shipping carton. A Return Merchandise Authorization will be valid for thirty (30) days only. The customer shall pay all shipping and insurance charges to Cinderellahair, Inc.
When Goods are received without an RMA number, or if the RMA has expired, Cinderellahair, Inc. may, at its option, return the Goods to the customer, freight collect, or process the return for a handling charge of twenty-five dollars ($25) or ten percent (10%) of the product cost, whichever is greater.
Returns for credit are subject to a twenty percent (20%) re-stocking fee. Under no circumstances may Goods be returned after thirty (30) days.
Cancellation and Termination: Customer may terminate any order or contract only by written notice and upon payment to Cinderellahair, Inc. of reasonable and proper cancellation charges, including but not limited to all
labor, facility, and equipment costs identified in the order or contract and which have been incurred prior to the date of notice of cancellation. All additional costs resulting from the cancellation and a restocking charge of twenty percent (20%) of the final net price will be included in the cancellation charges to compensate for disruptions in scheduling, planned production, and other direct costs. Customer shall make payment within thirty (30) days from date of invoice.
Cinderellahair, Inc. shall have the right to cancel any order or contract at any time by written notice for any breach of the order or contract by the Customer and Cinderellahair, Inc. shall be entitled to collect cancellation charges as identified above.
No termination by Customer for default shall be effective unless and until Cinderellahair, Inc. shall have failed to correct such alleged default within forty-five (45) days after receipt by Cinderellahair, Inc. of the written notice specifying such default.
Digital Millennium Copyright Act (“DMCA”) Policy: Cinderellahair, Inc. will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to:
Cinderellahair, Inc., 12330 McCann Drive, Santa Fe Springs, CA 90670
Any such notice should include the following:
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
Initial Dispute Resolution:
We are available by email to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Terms of Service and Binding Arbitration Agreement:
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cinderellahair, Inc. will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and Cinderellahair, Inc. will make arrangements to pay all necessary fees directly to JAMS.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver:
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims:
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt Out:
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: Cinderellahair, Inc., 3712 12330 McCann Drive, Santa Fe Springs, CA 90670. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Cinderellahair, Inc. will not be bound by them.
Exclusive Venue for Litigation:
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Orange County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Orange County, California for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Orange County, California for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Orange County, California over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Site, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Site.
Choice of Law and Forum:
These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in a state or federal court situated in the County of Orange, State of California.
By using this Site, you expressly agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may contact you by phone (including cell phone), email, US mail or reputable delivery service for debt collection purposes.
Legal Disputes:
In the event that you have a dispute with one or more other users, you hereby release the covered entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Timing of Claims:
You must bring any claim you have against Cinderellahair, Inc. relating to these Terms or the Site within one years from the date of accrual of the applicable claim.
Force Majeure: Cinderellahair, Inc. shall not be liable for any loss, damage or delay in delivery due to acts of God or causes beyond its reasonable control including acts of the Customer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labor, materials or manufacturing facilities. In the event of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay.
Government Clauses and Contracts:
No Government contract regulations or clauses shall apply to the goods of this order or bind Cinderellahair, Inc. unless specifically agreed in writing by Cinderellahair, Inc.
Assignment:
Neither party may assign this agreement without the written consent of the other party.
Third Party Beneficiaries:
There shall be no Third-Party Beneficiaries to this Agreement unless specifically agreed to by Cinderellahair, Inc. in writing.
Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Cinderellahair, Inc. and its affiliates with respect to this site and the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Cinderellahair, Inc. with respect to the Service. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Governing Law:
This Agreement has been entered into and executed in the State of California and shall be interpreted in accordance with the laws of said State. If any provision herein is subsequently determined to be unenforceable as to any party for any reason whatsoever, that provision shall likewise be unenforceable as to all parties to this agreement. Customer agrees that all actions or proceedings arising directly or indirectly from this Agreement shall be litigated exclusively in courts having situs within the State of California and Los Angeles County. Customer hereby consents to the jurisdiction of any local, state or federal court located within the State of California and Orange County and waives the personal service of any and all process upon Customer herein and consents that all such service or process may be made by certified mail to the Customer.
