TERMS AND CONDITIONS – BOUDOIRHAIR.NET
Certain items considered Hazardous Materials (HAZMAT) including aerosols and alcohol-based products (e.g., pressurized spray cans, hairspray, nail polish remover, nail polish etc.) are required by the U.S. Department of Transportation to be shipped by Ground-only transport, due to air transport restrictions and regulations. For these shipments, you will need to choose UPS Ground, or USPS Ground in Checkout, for shipments in the continental United States. For P.O. Box addresses, USPS Ground is the only shipping method available. Regrettably, these items cannot be shipped to either Alaska or Hawaii. For non-hazmat product orders for shipment to Hawaii or Alaska, please call 212-586-4343.
BoudoirHair.net will accept returns and exchanges of new and unused products within 30 days of the original date of purchase. Returns and exchanges are only applicable to products ordered through BoudoirHair.net, and not to products ordered through any other website or entity. Refunds on returned items will be issued in the same payment form as tendered at the time of purchase. Once we receive and inspect the product we will credit your account. Please allow 5-7 days for a credit to appear on your account. Please contact shop@BoudoirHair.net for return and exchange instructions.
TERMS AND CONDITIONS OF USE:
This web site (the “Site”) is expressly owned and operated by Gregg Giannillo Hair Design, Inc., D/B/A Giannillo Salon, D/B/A AG3. (“We” or “Us”). Unless otherwise noted, the design and content featured on BoudoirHair.net including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by us. This site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved.
This Site is provided by Us for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on this Site (as amended by Us from time to time, the foregoing being collectively referred to as the “Terms and Conditions”).
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
You may choose to create an account at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of this web site will be uninterrupted or error – free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with the use of this Site. As a visitor to and a user of this web site, you, in effect, agree that your access will be undertaken at your own risk. We shall not be liable for damages of any kind related to your use of or inability to access this Site.
We make every effort to display the products featured on the Site as accurately as possible. However, the colors – as well as the display and color capabilities of your particular computer monitor – will greatly affect the colors you actually see on the screen. We cannot be held responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture, or detail of actual merchandise will be accurate.
We endeavor to present the most recent, most accurate and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and we are not responsible if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We present our content AS IS and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
We go make every effort to ensure that products presented herein are available for purchase. Occasionally, products are deleted from our product offerings. When an item featured on the Site is no longer a part of our continuing line, we will endeavor to remove that item from the Site.
We cannot guarantee something you saw on a previous visit to the Site will still be available when you visit again. We reserve the right to make changes to this Site and its content at all times, without prior notice. Should you be unable to locate some particular content or merchandise that caught your attention on a previous visit to our site, please contact us and we’ll make every effort to fulfill your requests whenever possible.
The prices displayed are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the ship-to address of the order and will automatically be added onto the order. We are required by law to apply sales tax to order (including shipping & handling) for the following states: CA, FL, MI, NJ, TX, IL, and NY.
Unfortunately, we are unable to process orders if you are attempting a purchase from outside the continental U.S.
Each shipment includes instructions for returning merchandise. To return or exchange merchandise, please enclose your receipt (noting on the front side the reason for your return and the action you wish taken), and ship your package pre-paid and insured. Should you have any questions concerning a return, please contact us. Please note: Only items purchased on www.BoudoirHair.net may be accepted for a return or exchange.
Impersonation of others is prohibited. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other online or offline organization.
By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Site (“User Content”) in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the Site to become members of any commercial on line service or other group or organization.
Any User Content submitted by you will be deemed non-proprietary and non-confidential and may be used by us without restriction. By submitting or sending information, material, or any other communication to Us including User Content, you grant Us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. We and our affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content. You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect our views and we does not support or endorse any User Content or any other content or otherwise posted by you or any other user.
You acknowledge that we do not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Site. However, we and our designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Site may be purged periodically in our sole discretion. We are not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Site, whether created by us or submitted to us.
User Content includes the opinions, statements and other content of third parties. We do not endorse any such opinions, statements or other content posted on or accessible through the Site. We do not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. As between you and Us, We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Site (“Proprietary Material”). The compilation (meaning the collection, arrangement and assembly) of all Proprietary Material on the Site is the exclusive property of us. The contents of the Site are copyrighted under United States copyright laws. You may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Proprietary Material or any portion thereof, in any manner for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
You may be able to link to third party Web sites (“Linked Sites”) from the Site. We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. We cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. We do not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. We reserve the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Other sites may link to this Site only through a plain-text link subject to the prior written approval of a duly authorized employee of Boudoir Hair. To seek our permission, please contact us at the address below. We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, with or without cause, at any time.
VISITORS TO THE SITE AGREE THAT THEIR USE OF THE SITE IS AT THEIR OWN SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
We control and operate the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Customer Service, c/o Boudoir Hair, 217 East 60th Street, New York, NY 10022.
You agree that we may send notices to you regarding your use of the Sites by means of electronic mail, a general notice posted on the Sites or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in our records from time to time.