Terms of Use (www.WigsNatural.com)
Welcome to www.wigsnatural.com!
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
By using our web site (the “Web Site”), you are agreeing to comply with and be
bound by the following terms of use, which may be updated from time to time
without notice (collectively referred to hereinafter as the “Terms and
Conditions”). The Terms and Conditions constitute a binding contract between you
and www.wigsnatual.com, its representatives, designees, licensees, and assigns
(“Wigs Natural”, “we”, “us”, or “our”), regarding your use of the Web Site. If
you do not agree with the Terms and Conditions, you may not access the Web Site
and you must immediately exit.
2. AGE REQUIREMENTS
This Web Site is intended for individuals of legal age. If you are under the age
of eighteen (18) years (or 21 if that is the age of majority in your State),
then you must review the Terms and Conditions with your parent or legal guardian
to make sure that you and your parent or legal guardian understand all of the
Terms and Conditions. By accessing this Web Site, you represent that you are of
legal age to form a binding contract (or if you are not, that you have obtained
the informed consent of your parent or legal guardian to your assent to the
Terms and Conditions).
3. PERSONAL INFORMATION
When you purchase goods through this Web Site or provide information to us in
any other manner, you represent and warrant that you are providing true,
accurate, current and complete information and the information is yours and not
anyone else’s.
4. WEB SITE INTELLECTUAL PROPERTY
The Web Site includes a combination of content created by us, or provided to us
by a licensor. All of the content, and other information either displayed on,
transmitted through, available for download, or otherwise used in connection
with this Web Site, including but not limited to text, photographs, graphics,
images, illustrations, animations, audio or video clips, html, source and object
code, software, data, or other technology, as well as its copyrightable
selection and arrangement, logos, trademarks and service marks (collectively,
the “Content”) is owned or controlled www.wigsnatual.com and may not be used
without permission.
5. REPRESENTATION AND WARRANTIES
We make no warranties or representations as to the accuracy of the Content and
assume no liability or responsibility for any error or omission in the Content.
We do not represent or warrant that use of the Content, when authorized, will
not infringe rights of third parties. Third parties may provide some of the
content available on this Web Site. We do not guarantee the accuracy, the
integrity, or the quality of content provided by third parties. Neither we, nor
any of our affiliated or related companies, or any of our/its employees, agents,
content providers or licensors, make any representation or warranty of any kind
regarding this Web Site or the Content whatsoever. We make no warranty that this
Web Site will meet your requirements, be uninterrupted, timely, secure or error
free, or that this Web Site or the server that makes it available are free of
viruses or other harmful components or destructive files. Unauthorized access to
the Web Site is a breach of these Terms and Conditions and a violation of the
law. You agree not to access the Web Site by any means other than through the
interface that is provided by www.wigsnatural.com for use in accessing the Web
Site. You agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or copy any part of the
Web Site.
6. DISCLAIMERS
We specifically disclaim any and all express or implied warranties regarding
this web site or any content, services or products provided through or in
connection with this web site, including without limitation warranties of
merchantability or fitness for a particular purpose, warranties against
infringement, and warranties as to the availability, accuracy, completeness or
content of any information, products or services available on or through this
web site. We assume no responsibility, and are not liable for, any damages to,
or viruses that may infect, your computer equipment or other property on account
of your access to, use of, or browsing in, this web site or your downloading of
any materials, data, text, images, video, or audio from this web site.
7. LIMITATIONS ON DAMAGES
In no event shall www.wigsnatural.com or any of its affiliates, employees,
agents, content providers or licensors be liable, whether in contract, tort
(including negligence) or otherwise, for any indirect, consequential, special,
incidental or punitive damages (including lost savings or profit, lost data,
business interruption or attorneys fees) even if notified in advance of such
possibility, including, without limitation, damages related to unauthorized
access to or alteration of your transmissions or data, the content or any errors
or omissions in the content, even if advised of the possibility of such damages.
You agree that we are not liable for any amount exceeding the amount paid by the
customer for the particular items purchased.
8. INDEMNITY
You agree to indemnify, defend and hold harmless
www.wigsnatural.com and each of
its respective partners, suppliers, licensors, officers, employees,
representatives, contractors and agents, from any and all claims (including, but
not limited to, claims for defamation, trade disparagement, privacy and
intellectual property infringement) and damages (including attorneys' fees and
court costs) arising from or relating to any allegation regarding any violation
of this agreement by you.
9. FOREIGN ACCESS
This Web Site is controlled, operated and administered by us from our offices
within the United States. We make no representation that the Content is
appropriate or available for use outside the United States and access to it from
territories where it is illegal or improper is prohibited. You may not use this
Web Site or export the Content in violation of U.S. export laws and regulations.
If you access this Web Site from a location outside the United States, you
assume sole responsibility for compliance with all local laws.
10. RISK OF LOSS
www.wigsnatural.com will arrange for shipment of ordered product(s) to you, Free
On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of
loss passes to you upon delivery to the carrier. www.wigsnatural.com reserves a
purchase money security interest in the product(s) until its receipt of the full
amount due. You agree to allow www.wigsnatural.com to sign appropriate documents
on your behalf to permit www.wigsnatural.com to protect its purchase money
security interest. www.wigsnatural.com will advise you of estimated shipping
dates, but www.wigsnatural.com will, under no circumstances, be responsible for
delays in delivery, and associated damages, due to events beyond its reasonable
control, including without limitation, acts of God or public enemy, acts of
federal, state or local government, fire, floods, civil disobedience, strikes,
lockouts, and freight embargoes.
11. ORDER CANCELLATION
You may request that an order be cancelled up to twenty-four hours after it has
been placed by sending an email to sales@wigsnatural.com with "cancellation" and
the order number in the subject line. For all cancelled orders, you will receive
a credit for the full amount to your credit/debit card in approximately 3-4
business days less any expenses incurred by www.wigsnatural.com.
12. RETURN/EXCHANGE POLICY
All sales are final. In the event that a product is defective or not what you
ordered, you may return the product in its original condition and we will
replace the item for the same brand, style and color at no cost. To exchange a
product, you must inform wigsnatural.com of the product defect or order
discrepancy within seven days from the invoice date. You are solely responsible
for shipping any returned product to wigsnatural.com. You agree to use only
reputable carriers capable of providing proof of delivery and insurance for the
entire value of the shipment. You agree to bear all shipping and insurance
charges and all risk of loss for the return product during shipment. You agree
that all returned products will be 100% complete, in re-saleable condition, and
will include the original packaging material and other accessories provided by
the manufacturer or wigsnatural.com. If any component of the returned product is
missing, you will be deemed to have breached these Terms and Conditions and
wigsnatural.com may in its sole and absolute discretion reject the entire return
or choose to impose additional charges against you for replacement of the
missing component(s). Further, you agree that you will not attempt a charge back
on credit card purchases until after first making use of the return/exchange
policy herein. In the event that you do not comply with this provision, you will
be deemed to have breached this agreement.
13. PRODUCT REVISIONS
www.wigsnatural.com is not responsible for changes or variations in product
specifications and/or physical appearance. In the interest of our customers,
wigsnatural.com puts forth its best efforts to ensure that all product
information is up-to-date and factual. Unfortunately there are varying
determinates which, although infrequent, could cause the information on our Web
site to become outdated without our immediate knowledge. This includes but is
not limited to new versions or revisions, color deviations, retail package
alterations and other variations that may be considered inconsequential by the
manufacturer. Wigsnatural.com relies on the manufacturer to communicate these
differences. Presently we have no way of alerting customers prior to purchase in
the event the manufacturer fails to do so. Consequently, wigsnatural.com will
not be held responsible for product revision changes.
14. RESERVATION OF RIGHTS
We reserve the right to modify, suspend, discontinue or restrict the use of any
portion of this Web Site, including the availability of any portion of the
Content at any time, to anyone for any reason without notice or liability.
15. COMMUNICATION
All communications with www.wigsnatural.com should be e-mailed to:
sales@wigsnatural.com.
16. CHOICE OF LAW
Any dispute arising out of or related to these Terms and Conditions or any sales
transaction between wigsnatural.com and you shall be governed by the laws of the
State of California, without regard to its conflicts of law rules. Specifically,
the validity, interpretation, and performance of these Terms and Conditions
shall not be governed by the United Nations Convention on the International Sale
of Goods.
17. CONSENT TO JURISDICTION AND FORUM SELECTION
The parties hereto agree that all actions or proceedings arising in connection
with these Terms and Conditions shall be tried and litigated exclusively in the
California Superior Court of Ventura County. The aforementioned choice of venue
is intended by the parties to be mandatory and not permissive in nature, thereby
precluding the possibility of litigation between the parties with respect to or
arising out of these Terms and Conditions in any jurisdiction other than that
specified in this paragraph. Each party hereby waives any right it may have to
assert the doctrine of forum non conveniens or similar doctrine or to object to
venue with respect to any proceeding brought in accordance with this paragraph,
and stipulates that the California Superior Court of Ventura County shall have
in personam jurisdiction and venue over each of them for the purpose of
litigating any dispute, controversy, or proceeding arising out of or related to
these Terms and Conditions. Each party hereby authorizes and accepts service of
process sufficient for personal jurisdiction in any action against it as
contemplated by this paragraph by registered or certified mail, return receipt
requested, postage prepaid, to its address for the giving of notices as set
forth in these Terms and Conditions. Any final judgment rendered against a party
in any action or proceeding shall be conclusive as to the subject of such final
judgment and may be enforced in other jurisdictions in any manner provided by
law.
18. ARBITRATION
In its sole discretion, www.wigsnatural.com may elect to resolve any controversy
or claim arising out of or relating to these Terms and Conditions by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association then in effect. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in the County of Ventura, State of California. Judgment on
the arbitration award may be entered in any court having jurisdiction thereof.
Either you or we may seek any interim or preliminary relief from the California
Superior Court of Ventura County to protect the rights or the property of you or
www.wigsnatural.com (or its agents, suppliers, and subcontractors), pending the
completion of arbitration.
19. ATTORNEYS' FEES AND COSTS
In the event of litigation or arbitration relating to the subject matter of
these Terms and Conditions, the non-prevailing party shall reimburse the
prevailing party for all reasonable attorney fees and costs resulting therefrom.
20. NOTICE
In the event that we are required by state or federal law to notify you of
certain events, you hereby acknowledge and consent that such notices will be
effective upon our delivering them to you through your electronic mail. If you
do not provide us with accurate information, we cannot be held liable if we fail
to notify you. You have the right to request that we provide such notices to you
in paper format, and may do so by contacting us in writing at:
www.wigsnatural.com 4851 Cedarbrook Walk, Camarillo, CA 93012.
21. WAIVER
The failure of either party to require performance by the other party of any
provision of these Terms and Conditions shall not affect in any way the first
party's right to require such performance at any time thereafter. Any waiver by
either party of a breach of any provision in this agreement shall not be taken
or held by the other party to be a continuing waiver of that provision unless
such waiver is made in writing.
22. ENTIRE AGREEMENT
These Terms and Conditions, including all amendments and policies that are
incorporated by reference, constitute the entire agreement between you and
wigsnatural.com govern your use of the Web Site and Content, superseding any
prior agreements that you may have with us.
23. SEVERABILITY
If any part of these Terms and Conditions are determined to be invalid or
unenforceable pursuant to applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision, and the remainder of the
Terms and Conditions shall continue in effect.