a. The terms “Consumer”, “I”, “me”, “mine”, “my”, “you” and “your” shall mean any person who purchases and/or uses the purchased Koko Keratin’s products made directly from Koko Keratin or any authorized dealer of Koko Keratin within the United States.
III. PRODUCT ORDERS AND PURCHASES:
a. Orders: Koko Keratin, in its sole discretion, reserves the right to decline online orders placed by Consumers. Any online order placed by a Consumer for Koko Keratin’s products will not bind Koko Keratin until the order is accepted by Koko Keratin in writing. Koko Keratin does not advertise or sell its products to children. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER YOUR PERSONAL INFORMATION AND PLACE AN ORDER FOR ANY PRODUCTS THAT KOKO KERATIN DISTRIBUTES.
b. Products Availability: All orders are subject to the availability of the requested products. If, for any reason, the ordered products are unavailable, the Consumer will be offered at his choosing either another product or a full refund. You acknowledge and agree that in the event a product you ordered is unavailable, Koko Keratin will not be responsible for any losses resulting from the unavailability of the product or Koko Keratin’s inability to supply the ordered product.
c. Product Information and Price: All the product information and pricing listed on Koko Keratin’s website is accurate and updated frequently. Koko Keratin recognizes that clerical errors may occur during the input of Koko Keratin’s product information or description. In the event of a clerical error, Koko Keratin reserves the right to revise the product information and description. You acknowledge that all quoted prices for Koko Keratin’s products are subject to change at anytime and without prior notice. You further acknowledge that the quoted prices for each product do not include shipping and handling / delivery charges.
d. Sales Tax: All prices do not include sales tax. Sales tax will be added for all Consumer transactions initiated in Florida. Consumers outside Florida are not subject to sales tax.
e. Sales, Payments, and Delivery: All sales are final and are subject to the Return Policy as provided in section IV of this Agreement.
f. International Orders and Purchases: International Consumers may purchase products directly from Koko Keratin through its online store. All orders and purchases made online by consumers outside the United States are final and are subject to return policy terms in section IV(c). International Consumers acknowledge that prices do not include international shipping and handling fees. International shipping and handling will be added to the purchase order prior to checkout.
IV. RETURN POLICY:
All Koko Keratin’s products are subject exclusively to this Return Policy. ALL PRODUCTS ARE SUBJECT TO EXCHANGE ONLY, except as provided in subparagraph (a) below. The following terms and conditions cover the situations where either (a) the products are faulty or damaged on delivery; or (b) you change your mind and wish to return non-faulty products.
a. Return of Products received damaged or faulty on delivery: Where products are received by you faulty or damaged, You must notify Koko Keratin or its authorized distributor within 10 days of your receipt of the damages or faulty products in order for replacement product to be sent free of charge. You may receive a refund if it is determined that the product was not damaged by you, and the product was faulty at the time of receipt. No claim will be accepted once the 10 day period expires. Any re-delivery is subject to the safe return of any faulty or damaged goods in its original packaging along with a copy of the purchase receipt. If you have purchased the product from an authorized agent of Koko Keratin, please contact the authorized agent within the 10 days period for your exchange or refund. If you have purchased the Product directly from Koko Keratin’s website, please contact us for a Return Authorization and return the Faulty Products to:
Koko Keratin, LLC,
1048 NW 1ST Court,
Hallandale Beach, FL 33009.
b. Return of non-faulty or non-damaged products: Return of non-faulty products is subjected to EXCHANGE Only. You must return (at your own expense) the product you are seeking to exchange within 10 days of your receipt of the product. In order to return the product to Koko Keratin or its authorized distributor, please make sure you request from Koko Keratin or its distributor a Return Authorization Number. There are no exchanges after 10 days and without a Return Authorization Number. In order to exchange a Product, the product must be unused and its original packaging. Koko Keratin reserves the right to refuse to accept any product it has determined were used by you. Upon receipt of the returned product by Koko Keratin or its authorized distributor and a determination that the product is unused or undamaged, you will receive credit from Koko Keratin or its authorized distributor in the amount of your original purchase which can be used to purchase any product from Koko Keratin. In the event that Koko Keratin or its authorized distributor will be required to pay any portion of your shipping fees, such amount will be reduced from the credit given to you for a replacement product.
c. Return by International Consumers: There are NO RETURNS/EXCHANGES for international orders made through Koko Keratin’s online store. If the product was purchased from an authorized distributor, any exchanges must be made through the authorized distributor.
V. CONSUMABLE HAIR PRODUCTS ARE SOLD “AS IS”:
ALL KOKO KERATIN PRODUCTS ARE CONSUMABLE AND THEREFORE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY.
VI. LIMITATION OF LIABILITY:
a. No liability for special damages and third party liability: Koko Keratin will not be liable for any special, incidental, consequential, exemplary or punitive damages under any circumstance. Moreover, Koko Keratin will not be liable for the conduct or contractual obligations of a third party.
b. Force majeure: Notwithstanding anything set out in these terms and conditions, Koko Keratin will not be liable for any failure or delay in performance of its obligations if it is due to an event beyond Koko Keratin’s reasonable control, including, without limitation, acts of God, war, industrial dispute, courier delay, fire, flood, tempest or national emergencies. If so delayed, Koko Keratin will be entitled to a reasonable extension of time for performing its obligations. Any dates Koko Keratin specify for the delivery of its products are only approximation of time, and Koko Keratin will not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the goods.
c. Personal injury: All goods supplied must be used strictly in accordance with any applicable instructions. Except where Koko Keratin is negligent, Koko Keratin accepts no liability for injury or damage caused by the improper use of any Products. KERATIN PRODUCTS ARE SOLD ONLY FOR PROFESSIONAL USE, AND KOKO KERATIN WILL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY A CONSUMER WHO IS NOT A HAIR STAYLIST PROFESSIONAL. USE OF KERATIN PRODUCT BY A CONSUMER WITHOUT PROFESSIONAL TRAINING CONSTITUTES MISUSE OF THE PRODUCT.
d. Contents of Koko Keratin’s website: KOKO KERATIN’S WEBSITE IS PRESENTED “AS IS.” KOKO KERATIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, ITS CONTENT OR ANY OTHER PORTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
VII. INDEMNIFICATION: As a condition of use of Koko Keratin’s website and online store, you agree to indemnify, defend, and hold harmless Koko Keratin, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of Koko Keratin’s website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
VIII. Arbitration of Dispute – IMPORTANT NOTICE AFFECTING YOUR RIGHTS: In the event of any controversy between the parties, including but not limited to any claim, dispute, suit, demand, cross claim, counterclaim, or third party complaint (whether statutory, in tort, or otherwise) arising out of or relating to this Agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Arbitration under this provision shall be conducted in Miami-Dade County, Florida. The parties agree that arbitratION SHALL BE before a single arbitrator on an individual basis and not as a class or mass action. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims. The Arbitration shall be administered by the Judicial Arbitration Mediation Services (“JAMS”), 1920 Main Street, Suite 300, Irvine, CA 92614 (www.jamsadr.com), the American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or another nationally known consumer arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics.Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the Arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the Arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
Binding Arbitration means: (1) that both parties give up the right to a trial by a judge or jury; (2) that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of appealable issues expressly provided for in 9 U.S.C. § 16; and (3) that discovery may be severely limited by the arbitrator, and should the arbitrator decide to allow full discovery, the arbitrator may not exceed discovery limitations set forth by the Federal Rules of Civil Procedure.
I acknowledge that I have read and agree to abide by the terms of the arbitration provision set forth above.
IX. REQUIRED CONSUMER NOTICE:
California Consumer Notice: Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
a. Web Site Owner: Koko Keratin, LLC is the owner of this web site (“Kokokeratin.com”). This online privacy notice discloses Koko Keratin’s information practices for Kokokeratin.com, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. Koko Keratin is committed to protecting user privacy. When you register for an account, you may be asked to supply personally identifying information, including your name, e-mail address, mailing address, and phone number. The information we collect from you may be used in one of the following ways:
b. Information from Children. Koko Keratin does not sell products for purchase by children, and will not collect or post information from a child under the age of 18 without the involvement of a parent or guardian. Koko Keratin will notify the child’s parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child’s use of the kokokeratin.com and providing instructions as to how the parent or guardian can delete the child’s registration from the web site.
c. Collection / Use of Personal Information: We employ cookies (small files transferred to your computer’s hard drive through your browser, if allowed) that enable us to recognize your browser for capturing and remembering certain information. Cookies help us remember and process items in your shopping bag and compile data about traffic and interaction on the site so we may create an improved user experience in the future. Any information collected by Koko Keratin via cookies is not linked to any customer’s personal information collected by us. Collection of your personal information is designed to protect access to your Account and to assist in providing you with the products and services you have requested. All personal information collected and stored by Koko Keratin, or on its behalf, is used for specific business purposes: (1) to protect your online account and initiate your authorized orders and purchases; and (2) to assist in the design or improvement of applicable products and services.
d. Safeguarding your payment information: Koko Keratin uses secured payment services such as PayPal and Authorize.net. Koko Keratin does not save credit card information on its database. Koko Keratin makes no representation regarding the level of protection given by the third party payment processor, and in no way shall be liable for any data breach of the third party’s website or server.
e. Lost or Stolen Information. If a customer’s credit card and/or password is lost or stolen, the customer should promptly notify Koko Keratin in order to enable Koko Keratin to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
f. Maintenance of Accurate Information: You may update your personal information online, at anytime, by using your Password to log into the Koko Keratin website or by contacting Koko Keratin customer service. To ensure that Koko Keratin is able to protect your Account and verify your information, it is in your best interests to maintain accurate and current any records concerning your personal information.
g. Limited Access to Personal Information: Access is limited to your personal information to only those personnel with a business reason for accessing such information. In addition, all personnel are trained and educated about the importance of confidentiality and customer privacy.
h. Third-Party Disclosure Restrictions: All third parties with a business need to access your personal information are required to adhere to stringent privacy policies. Your personal information may be supplied to a third party in order to process a transaction you have authorized or if the disclosure is allowed or required by law, e.g., the exchange of information with reputable reporting agencies in response to a subpoena, in connection with the investigation of fraudulent activity, etc.
i. Sharing of Information: You authorize Koko Keratin to share certain information with any third party to the extent necessary to administer your purchase of Products from Koko Keratin in accordance with your instructions and authorization.
XI. GOVERNING LAW: The laws of the State of Florida govern this Agreement, except that the Florida’s rules and/or statutes governing arbitration will not apply. If any part of this Agreement is declared void or unenforceable, such provision(s) shall be deemed severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect. This Agreement may be modified to the extent necessary to give such force and effect to the remaining provisions. No delay or forbearance in the strict observance or performance of any provision of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy, as the case may be.
XII. MERGER CLAUSE: This Agreement contains the complete and final understanding between the Consumer and Koko Keratin. Any prior oral statements, representations, or agreements are superseded by this Agreement.
XIII. ENGLISH LANGUAGE GOVERNS: The English language governs these terms and conditions and any other Agreement entered with Koko Keratin. As a courtesy, Koko Keratin may make this Agreement available in languages other than English. If there is any difference in meaning between the English and non-English version of any of Koko Keratin’s documents, including this Agreement, the English version will apply to your Account and is available to you upon request.
XIV. RESERVATION OF RIGHTS:Koko Keratin reserves the right to modify and change the terms in this Agreement without prior notification to you. From time to time you should check Koko Keratin’s website and review its most current terms and conditions.
XV. CUSTOMER SERVICE INFORMATION:
Correspondence Address: Koko Keratin, LLC, 5382 SW 38th way, Fort Lauderdale, FL 33312.
Web site Address: www.kokokeratin.com
E-mail: [email protected]
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