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:
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