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Web Site Terms of Use
By clicking any
link into this web site you agree to the following.
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Company Information and Web Site Terms of Use
Eligibility Requirements: By using and/or viewing this catalog, you
represent and warrant that you have the right, authority, and capacity
to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement. That you represent and
warrant
that you have not and will not use and/or view this site in a restricted
location - namely a place, country, or
location in which doing so would, or could be deemed a violation of any
law, regulation, rule, ordinance, edict or custom.
Price Policy: We make every effort to maintain prices for the duration
of a catalog, but reserve the right to make adjustments in response to
manufacturers’ increases. Manufacturers reserve the right to make
changes in design, specifications or fabrication in the interest of
providing superior equipment without notice or obligation.
Guarantee of satisfaction: If you have tried a product and it is
defective or does not perform satisfactorily, we will provide a credit,
exchange or refund. Every product is backed by our 14-day unconditional
guarantee. If you are not satisfied, simply follow the instructions on
the back of your packing slip to return or exchange an item. A
restocking fee may apply to used, damaged or otherwise incomplete
orders.
Exemptions to RMA (returned materials) program. Opened/Used Hand Pieces
(items which may have come in contact with body fluids such as blood or
saliva): may not be returned (by law). Items will be repaired or
replaced in accordance to manufacturers’ warranties. Before opening hand
pieces, we suggest that you check the shipping container and packing
list to verify that you have received exactly what you ordered. Special
Order Items: may not be returned (includes items that were modified,
customized, or changed while in the custody of the customer).
Textbooks/Instruction Literature: may not be returned.
Expired/Discontinued Items: may not be returned (articles which cannot
be returned to the manufacturer). Shortages or errors in shipments must
be reported within 10 days of delivery to issue credit (if applicable).
Payment & Delivery Terms: COD, check, wire transfer, Visa, Master Card,
American Express or can bill your order to your open account (available
to firms listed by Dunn and Bradstreet only). All invoices are payable
NET 30 days. Orders under $75.00 are subject to a $3.95 handling charge.
A $30.00 returned check fee applies to all uncollectible checks.
Alaska, Hawaii & Pacific Islands: Standard shipping methods provide
direct, reduced cost, expedited air delivery service to all accounts in
Alaska and Hawaii. Customers in the Pacific Protectorates are offered
direct surface transport, or postal services, for reliable delivery. No
additional surcharges apply, except when special services are requested.
Puerto Rico imposes a 6.6% excise tax, which is not collected by us.
This company serves cosmetologists, home-use customers, and retailers
throughout the world.
Delivery and Title: The company will make reasonable efforts to initiate
shipment and schedule delivery as close as possible to customer’s
requested delivery date(s). Customer acknowledges that delivery dates
provided are estimates only and that the company will not be liable for
failure to deliver on such dates. Selection of the carrier and delivery
route may be made by the company unless specifically designated in
writing by the customer. All transportation charges from the company
distributor facility shall be paid to distributor by the customer in
addition to the purchase price of the products. Subject to the company
right of stoppage in transit, delivery to a carrier will constitute
delivery to customer, and risk of loss will thereupon pass to the
customer; however, title shall remain in distributor possession until
payment in full for the products by customer. Claims for shortages and
damage must be made to carrier within ten (10) days after delivery.
Products invoiced and held by distributor at customer’s request will be
held at customer’s risk and expense. Delivery of any installment of
products within thirty (30) days after the date requested will
constitute a timely delivery. Thereafter, delivery will be timely unless
prior to shipment distributor has received written notice of
cancellation. Delivery of a quantity which does not vary by more than
ten percent (10%) from the quantity specified therefore will constitute
full performance of such delivery. Delay in delivery of one installment
will entitle customer to cancel that installment only. Customer is
responsible for all import taxes, tariffs, levies, or fees.
Force Majeure: The company or distributor will not be liable for delays
in delivery or for failure to perform its obligation due to causes
beyond its reasonable control, including, but not limited to, product
allocations, material shortages, labor disputes, transportation delays,
unforeseen circumstances, acts of nature, acts or omissions of other
parties, acts or omissions of civil or military authorities, government
priorities, fire, strikes, floods, epidemics, quarantine restrictions,
riots, or war. Time for delivery or performance will be extended by the
period of such delay or distributor may, at its option, cancel any order
or remaining part thereof without liability by giving notice to
customer.
Limited Warranty and Limitation of Liabilities: The company warrants to
customer that products purchased hereunder will conform to the
applicable manufacturer’s specifications for such products and that any
value-added work performed by the company on such products will conform
to applicable customer’s specifications relation to such work. the
company makes no other warranty, express or implied, with respect to the
products. In particular, the company makes no warranty respecting the
merchantability of the products or their suitability or fitness for any
particular purpose or use or respecting infringement. However, the
company will transfer to customer whatever transferable warranties and
indemnities the company receives from the manufacturer of the products.
With respect to value-added work by the company which does not meet
applicable customer’s specifications, the company liability is limited
(at the company election) to (1) refund of customer’s purchase price for
such products (without interest), (2) repair of such products, or (3)
replacement of such products; provided, however, that such products must
be returned to the company, along with acceptable evidence of purchase,
within twenty (20) days from date of delivery, transportation charges
prepaid. Customer shall not in any event be entitled to, and the company
shall not be liable for indirect, special, incidental or consequential
damages of any nature including, without being limited to, loss of
profit, promotional or manufacturing expenses, overhead, injury to
reputation or loss of customers. Customer’s recovery from the company
for any claim shall not exceed customer’s purchase price for the
products irrespective of the nature of the claim whether in contract,
tort, warranty, or otherwise.
Statements and Advice: If statements or advice (technical, medical or
otherwise), is offered or given to customer, such statement or advice
will be deemed to be given as an accommodation to customer and without
charge and the company will have no responsibilities or liabilities for
the use or misuse of said information.
General: The terms and conditions may not be modified or cancelled
without the company written agreement. The sale of products hereunder
will be governed by the terms and conditions, notwithstanding contrary
or additional terms and conditions in any purchase, planning schedule,
acknowledgement, confirmation or any other form or document issued by
either party effecting the purchase and/or sale of products. Customer is
responsible to adhere to local regulations regarding the use or
possession of medical appliances and devices. The company assumes no
liability, medical, or otherwise, for the use or misuse of products
contained in this catalog. No rights, duties, agreements or obligations
hereunder may be assigned or transferred by either party without the
prior written consent of the other. The obligations, rights, terms and
conditions hereof will be binding upon and inure to the benefit of the
parties hereto and their successors and assigns. The waiver of any
breach of any term, condition or covenant hereof or default under any
provision hereof will not be deemed to constitute a waiver of any other
term, condition, or covenant contained herein or of any subsequent
breach or default of any kind or nature. The company customers using or
selling products do so at their own risk and agree that the company and
the manufacturer are not liable, in whole or in part, for any claim or
damage arising from such use, and agree to fully indemnify, defend and
hold harmless the company and the manufacturer of the products from and
against any and all claims, damages, loss, cost, expense or liability
arising out of or in connection with the use or performance of products
in this catalog. Results and number of treatments by electrolysis will
vary and depend on a variety of factors including, but not limited to,
the type of hair being treated, area being treated, and amount of hair
being treated. Photos are provided for example purposes only, and may
not represent the results that all people will obtain. Any provision
hereof which is prohibited or unenforceable in any jurisdiction of
affecting the validity or enforceability of such provision in any other
jurisdiction voids the customers legal rights against the company.
Products or information in this catalog are not intended to diagnose,
treat or cure disease.
Importation of products into any jurisdiction where such products are
restricted or regulated is done at the risk of the customer. Customer is
responsible to adhere to all local regulations regarding the use or
possession of products and to hold harmless the company for any damages
(incidental or otherwise) arising from the importation, possession or
use of products/information available from this catalog.
Disclaimers. The company is not responsible for any incorrect or
inaccurate content posted on the site. The comapny assumes no
responsibility for any error, omission, interruption, deletion, defect
with the catalog (or information available on the web site).
The Site and the products available on the site are provided ‘as is’ and
the company expressly disclaims any warranty of fitness (including both
information and products) for a particular purpose or non-infringement.
The company cannot guarantee and does not promise any specific results
from use of the site or products.
Customer (and or viewer) agrees to fully indemnify and hold the company,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of your use of the information or products available on this
site in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and
warranties set forth herein.
Limitation on Liability. Except in jurisdictions where such provisions
are restricted (and in that event Liability is disclaimed to the fullest
extent permitted by law), in no event will the company be liable to you
or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including lost profits arising
from your use of information or products on this site, even if the
company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the company
Liability to you for any cause whatsoever, and regardless of the form of
the action, will at all times be limited to the amount paid, if any, by
you to the company for information or products available on this site.
Disclaimer: the company does not have an official position regarding
‘permanency’ for any products available on this site (or provided by way
of this site: including but not limited to printed material sent by fax,
e-mail, regular mail or private courier). Although we publish empirical
evidence, clinical testing trial results, and/or medical/scientific data
which may be conclusive (and/or suggestive) for ‘permanency’ of hair
removal, the company hereby disavows any and all claims (specific or
implied) to the overall efficacy or performance of any and all products
appearing on this web site. The company presents this data ‘as is’ and
does not represent or warrant that information on this web site is
accurate or current.
Limitation on Liability. Except in jurisdictions where such provisions
are restricted (and in that event Liability is disclaimed to the fullest
extent permitted by law), in no event will the company be liable to you
or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits
arising from your use of information or products on this site, even if
the company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the company
Liability to you for any cause whatsoever, and regardless of the form of
the action, will at all times be limited to the amount paid, if any, by
you to the company for information or products available on this site.
If any provision of this Agreement is held invalid or is unenforceable
in any jurisdiction, the customers legal rights against the company
shall be immediately (and retro-actively) voided.
©1992-2007 Discount Salon
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