TERMS OF SERVICE

 

OVERVIEW

This website is operated by National Salon Supplies. Throughout the site, the terms “we”, “us”, “the supplier” and “our” refer to National Salon Supplies. National Salon Supplies offers this website, including all information, tools, products and services available from this site to you, “the buyer, “the user”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product/service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product/service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available online through the website. These products or services may have limited quantities and are subject to return or exchange only. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – BUYER’S REPRESENTATIVE

(i) Any request made by or on behalf of the Buyer or by any employee or any officer of the Buyer to change the name or designation of the account of the Buyer with the Supplier or to alter the method of operation of such account will not affect or discharge the liability of the Buyer to the Supplier.   (ii) The Buyer acknowledges that any act done or omitted to be done by any employee, shareholder, director or other officer of the Buyer will, so far as the Supplier is concerned, at the option of the Supplier, be binding upon the Buyer. Without limiting the generality of the foregoing, each employee, shareholder, director and other officer of the Buyer is deemed to have authority to place orders for the supply of Goods by the Buyer from the Supplier.

 

SECTION 13 – ACCEPTANCE OF ORDER

No binding contract is affected by the Buyer’s acceptance of a quotation or offer made by Supplier until the Supplier confirms such contract by tax invoice. Any conditions attaching to an order contained in any written or printed document of the Buyer will not apply unless the Supplier accepts them in writing in the form of a tax invoice. The Supplier reserves the right to accept or decline to fulfil any order in whole or in part at any time notwithstanding that the Supplier has already accepted the order with a tax invoice.

 

SECTION 14 – PAYMENT

The Buyer must pay for goods/service prior to despatch of the goods supplied. The Buyer must pay the invoice via credit card, bank transfer or cash.  The Buyer must pay for the Goods supplied without deduction of any moneys due or allegedly due by the Supplier to the Buyer, unless such deduction is made with the Supplier’s prior written consent.

 

SECTION 15 – DEFAULT

If the Buyer fails to pay for any invoice the Supplier may: (i) Require payment by cash upon supply of any further order; (ii) Require the Buyer to pay interest at the Westpac Bank daily lending rate or such other rate as may be determined by the Supplier from time to time, calculated on daily rests on any monies due but unpaid, such interest to be computed from the Due Date. The Buyer and the Supplier agree that such interest and all such charges will be payable on demand; (iii) Credit any amount paid by the Buyer after the Due Date for any invoice against any interest and administration charges due and payable; (iv) Claim from the Buyer for all costs relating to any action taken by the Supplier to recover monies or goods due from the Buyer including any legal costs and disbursements on a solicitor/client basis and such costs will be part of the indebtedness of the Buyer to the Supplier; and (v) Cease any further supply of Goods ordered to the Buyer and to terminate any orders accepted by the Supplier that have not been performed.

 

SECTION 16 – RETENTION OF TITLE

(i) Not withstanding any other term or condition, the Goods and any other products delivered by the Supplier to the Buyer shall remain the sole and absolute property of the Supplier as legal and equitable owner until such time as all money due to the Supplier has been paid to the Buyer by a bona fide third party purchaser but shall be at the Buyer’s risk from the time of delivery to it.   (ii) The Buyer acknowledges that it is in possession of all such goods as bailee for the Supplier until such time as they are delivered to a bona fide third party purchaser under these Terms.  (iii) Until delivery to a purchaser the Buyer undertakes to store such goods on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Supplier’s goods.   (iv) In the event that the goods are resold by the Buyer before the Buyer has paid all monies to the Supplier, the proceeds of such resale to the extent of the amount owing to the Supplier shall be held on trust for the Supplier.   (v) The Buyer’s right to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for the winding up of the Buyer.   vi) The Supplier may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored.   (vii) Upon delivery of the goods the Buyer accepts all risk of loss or damage whatsoever caused to the goods, whether caused by the Buyer or not and indemnifies and shall keep indemnified the Supplier against all claims, suits, demands, actions, costs, expenses and damage whatsoever caused by in connection with or arising out of the handling transport storage display use loss or sale of the goods after delivery of the goods to the Buyer.   (viii) The Buyer warrants that it is not at the time of entering into this agreement insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.  (ix) These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to such the Supplier may give credit to the Buyer.

 

SECTION 17 – RISK

Loss or damage suffered by the Buyer after the supply of the Goods by the Supplier does not discharge the Buyer from the obligation to pay for the Goods unless the loss or damage is due to the default or negligence of the Supplier.

 

SECTION 18 – FREIGHT AND INSURANCE

The Supplier will arrange for the Goods to be placed with a carrier with a completed consignment note or other documentation required for carriage of the Goods to the nominated place(s) for delivery subject to the following terms: The Buyer bears all risks of loss of or damage of the Goods to be supplied from the time the Goods have been handed to a carrier by the Supplier for delivery to the Buyer’s nominated place of delivery; (i) The Supplier is under no obligation to arrange for insurance against the risks of carriage involved in the contract of carriage to the place(s) for delivery. The Supplier will only arrange for such insurance if the Buyer so requests at the time the order is made with the Supplier by the Buyer. (ii) All freight and insurance costs shall be paid by the Buyer. (iii) The Supplier reserves the right to vary the freight rate quoted on the order for large or hazardous items or address in distant / remote locations as determined by the couriers used by the Supplier.

 

SECTION 19 –  DELAYS IN DELIVERY

The Supplier is not liable for any failure to provide or delay in supply of any Goods. Without limiting the generality of the foregoing, the Supplier does not accept responsibility for delays arising from strikes, accidents or other contingencies beyond the control of the Supplier.

 

SECTION 20 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 21 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, witness for a particular purpose, durability, title, and non-infringement.

In no case shall National Salon Supplies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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 maximum extent permitted by law.

 

SECTION 22 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless National Salon Supplies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 23 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 24 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 25 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 26 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

 

SECTION 27 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 28 – CONTACT INFORMATION

Questions about the Terms of Service can be made via contact form below.