Last Modified: September 1, 2020
1.
THIS
DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT
APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS
WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND
YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT, IF YOU
PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL
AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM
THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, OUR WEBSITE
AND/OR OUR , (ii) ARE NOT THE OLDER OF (a)
AT LEAST 18 YEARS OF AGE OR (b) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH MARLO
BEAUTY SUPPLY, INC., OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS
WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
These
terms and conditions (these “
Terms
”)
apply to the purchase and sale of products through
www.marlobeauty.com
(the “
Site
”).
These Terms are subject to change by Marlo Beauty Supply, Inc., a Michigan corporation
(referred to as “
us
”, “
we
”, or “
our
” as the context may require) without prior written notice at
any time, in our sole discretion. Any changes to these Terms will be in effect
as of the “Last Updated Date” referenced on the Site. You should review these
Terms prior to purchasing any product that are available through this Site.
Your continued use of this Site after the “Last Updated Date” will constitute
your acceptance of and agreement to such changes.
These
Terms are an integral part of the Website Terms of Use that apply generally to
the use of our Site. You should also carefully review our Privacy Policy before
placing an order for products through the Site (see
Section
8
).
2.
Order Acceptance and Cancellation
.
You agree that your order is an offer to buy, under these Terms, all products listed
in your order. All orders must be accepted by us or we will not be obligated to
sell the products to you. We may choose not to accept orders at our sole
discretion, even after we send you a confirmation email with your order number
and details of the items you have ordered, if, for example, the products are no
longer available.
3.
Prices and Payment Terms
.
(a)
All prices, discounts, and promotions posted on this
Site are subject to change without notice. The price charged for a product will
be the price advertised on this Site at the time the order is placed, subject
to the terms of any promotions or discounts that may be applicable. The price
charged will be clearly stated in your order confirmation email. Price
increases will only apply to orders placed after the time of the increase.
Posted prices do not include taxes or charges for shipping. All such taxes and
charges will be added to your total price, and will be itemized in your
shopping cart and in your order confirmation email. We strive to display
accurate price information, however we may, on occasion, make inadvertent
typographical errors, inaccuracies or omissions related to pricing and
availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from such occurrences.
(b)
Payment must be received by us before our acceptance of
an order. We accept Visa, Mastercard, Discover, American Express, Check by
Phone and Mail In Check for all purchases. You represent and warrant that (i) the credit card
information you supply to us is true, correct and complete, (ii) you are duly
authorized to use such credit card for the purchase, (iii) charges incurred by
you will be honored by your credit card company, and (iv) you will pay charges
incurred by you at the posted prices, including shipping charges and all
applicable taxes, if any, regardless of the amount quoted on the Site at the
time of your order.
4.
Shipments; Delivery; Title and
Risk of Loss
.
(a)
We will arrange for shipment of the products to you.
Please check the individual product page for specific delivery options. You
will pay all shipping and insurance charges unless otherwise specified in the order
confirmation.
If your order is returned as undeliverable, you will be responsible
for a $25 charge in addition to all expenses incurred by us.
(b)
Title and risk of loss pass to you upon delivery.
Shipping and delivery dates are estimates only and cannot be guaranteed. We are
not liable for any delays in shipments.
5.
Returns and Refunds
.
We will accept a return
of the products for a refund of your purchase price, less the original shipping
costs, provided such return is made within 30 days of purchase with valid proof
of purchase and provided such products are returned in saleable condition in
the original manufacturer’s packaging. We may accept returns after 30 days under
certain circumstances. Please contact us for details.
To return products, you must call (800)333-9499,
email us at [email protected], or complete the form available form
to obtain a return authorization
(“
RA
”). No returns of any type will be accepted without a
RA.
Once we provide a RA, we will send you a return label at no cost to you. Please
allow 48 hours for return labels to be issued. RAs expire 30 days after the
return label is issued.
Shipping,
insurance, additional fees and promotional coupons are not included in the
refund amount. Special orders cannot be returned. Salon equipment/furniture is
subject to a 20% re-stocking fee and the customer is responsible for the return
shipping charges. Final sale items cannot be returned, exchanged, or refunded.
We
will replace/refund any item(s) that are damaged in transit, defective upon
receipt or mis-shipped, provided you report the same to us within 7 days of your
receipt. Carefully examine your order and report any issues within 7 days of
receipt. Please report freight damage within 48 hours of receipt.
Refunds are processed within approximately 5 business days of our
receipt of your merchandise. Your refund will be credited back to the same
payment method used to make the original purchase on the Site.
6.
Manufacturer’s Warranty and
Disclaimers
.
(a)
We do not manufacture or control any of the products offered
on our Site. The availability of products through our Site does not indicate an
affiliation with or endorsement of any product or manufacturer, unless the
product is our branded product. We do not provide any warranties with respect
to the products offered on our Site. However, the products offered on our Site
are covered by the manufacturer’s warranty as detailed in the product’s
description on our Site and included with the product. To obtain warranty
service for defective products, please follow the instructions included in the
manufacturer’s warranty.
(b)
ALL PRODUCTS OFFERED
ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c)
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE
DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO YOU.
(d)
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT
OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7.
Limitation of Liability
.
(a)
IN NO EVENT
SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR
REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN
CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH
DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b)
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE
LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED
THROUGH OUR SITE.
8.
Privacy
We respect
your privacy and are committed to protecting it. Our
, governs the processing of all personal data
collected from you in connection with your purchase of products through the
Site.
9.
Force Majeure
We
will not be liable or responsible to you, nor be deemed to have defaulted or
breached these Terms, for any failure or delay in our performance under these Terms
when and to the extent such failure or delay is caused by or results from acts
or circumstances beyond our reasonable control, including, without limitation,
acts of God, flood, fire, earthquake, explosion, governmental actions, war,
invasion or hostilities (whether war is declared or not), terrorist threats or
acts, riot or other civil unrest, national emergency, revolution, insurrection,
epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not
relating to our workforce), or restraints or delays affecting carriers or
inability or delay in obtaining supplies of adequate or suitable materials,
materials or telecommunication breakdown or power outage.
10.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed
in accordance with the internal laws of the State of Michigan without giving
effect to any choice or conflict of law provision or rule (whether of the State
of Michigan or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than those of the State of Michigan.
Any
dispute arising out of these Terms shall be litigated in the state or federal
courts located in the State of Michigan.
11.
Assignment
You will
not assign any of your rights or delegate any of your obligations under these Terms
without our prior written consent. Any purported assignment or delegation in
violation of this
Section
11 is null and void. No assignment or delegation relieves you of any
of your obligations under these Terms.
12.
No Waivers
The
failure by us to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision. The
waiver of any right or provision will be effective only if in writing and
signed by our duly authorized representative.
13.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon
any person or entity other than you.
14.
Notices
(a)
To You
. We may provide any notice to you under
these Terms by: (i) sending a message to the email address you provide; or (ii)
by posting to the Site. It is your responsibility to keep your email address
current.
(b)
To Us
. To give us notice under these Terms, you
must contact us as follows: (i) by completing our
form; or (ii)
by personal delivery, overnight courier or registered or certified mail to
Marlo Beauty Supply, 23950 Mound Road, Suite 100, Warren MI 48091. We may update our
contact information by posting a notice on the Site.
15.
Severability
If any
provision of these Terms is invalid, illegal, void or unenforceable, then that
provision will be deemed severed from these Terms and will not affect the
validity or enforceability of the remaining provisions of these Terms.
16.
Entire Agreement
Our
order confirmations, these Terms, our
Website Terms of
Use,
and our
Privacy Policy
will be
deemed the final and integrated agreement between you and us on the matters contained
in these Terms.
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