PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN SALON-EXCURIA’S INVOICE OR OTHER SALON-EXCURIA DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND SALON-EXCURIA HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you (“Customer”) and SALON-EXCURIA. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on SALON-EXCURIA’s Website (the “Site”). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and SALON-EXCURIA relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting SALON-EXCURIA at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in SALON-EXCURIA’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN ERIE COUNTY, NEW YORK AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ERIE COUNTY, NEW YORK AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides SALON-EXCURIA with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for SALON-EXCURIA, title to products and risk of loss or damage during shipment passes from SALON-EXCURIA to Customer upon shipment from SALON-EXCURIA’s facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from SALON-EXCURIA to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer. SALON-EXCURIA retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the commodities, and/or technology sold or distributed under these terms and conditions of sale exported from the United States by SALON-EXCURIA were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, and/or technology sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, and/or technology. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that SALON-EXCURIA is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not SALON-EXCURIA. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by SALON-EXCURIA or its affiliates. In connection with services, neither affiliates of SALON-EXCURIA nor third party service providers are agents of SALON-EXCURIA and SALON-EXCURIA has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. SALON-EXCURIA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF SALON-EXCURIA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
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Pricing Information; Availability Disclaimer
All pricing is subject to change. SALON-EXCURIA reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, SALON-EXCURIA cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of Liability
NEITHER SALON-EXCURIA NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER SALON-EXCURIA NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY SALON-EXCURIA OR ITS AFFILIATES, NEITHER SALON-EXCURIA NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50.
SALON-EXCURIA will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by SALON-EXCURIA are estimates only.
Third Party Services
Customer acknowledges and agrees that, in some instances, SALON-EXCURIA and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases SALON-EXCURIA and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or SALON-EXCURIA’s advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF SALON-EXCURIA, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Williamsville or Buffalo, New York. If arbitration is chosen by any party with respect to a Claim, neither SALON-EXCURIA nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Williamsville or Buffalo, New York. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to SALON-EXCURIA arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon SALON-EXCURIA until accepted by SALON-EXCURIA. Terms of payment are within SALON-EXCURIA’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. SALON-EXCURIA may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold SALON-EXCURIA harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by SALON-EXCURIA’s net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide SALON-EXCURIA with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of SALON-EXCURIA’s costs of collection, including court costs, filing fees and attorney’s fees.
SALON-EXCURIA customer return requests must be made within 30 days of invoice date.
Please return all products 100% complete. This includes manufacturer box, UPC label, packing materials, all literature, blank warranty cards and accessories.
Return privileges are contingent upon various manufacturer policies. SALON-EXCURIA reserves the right to decline return requests based on those policies. Please verify policies for specific item(s) with a member of Customer Relations.
Please contact SALON-EXCURIA Customer Relations at 716.839.3106, Monday-Friday, 9-5PM EST/EDT OR via e-mail at Customer Relations, to obtain a Return Merchandise Authorization (RMA) before shipping product back to SALON-EXCURIA. This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer number, invoice number, Product number, reason for return, action to take (replacement/return/credit) and whether the box has been opened or is manufacturer sealed. Please do not write on or damage the manufacturer box.
Customer is responsible for shipping charges to SALON-EXCURIA’s distribution center for all products being shipped back to SALON-EXCURIA. Products exchanged or replaced will be shipped by SALON-EXCURIA to Customer, at SALON-EXCURIA’s expense, using the same shipping method as was used by Customer to ship the original products back to SALON-EXCURIA. If the carrier selected by Customer is not used by SALON-EXCURIA, a comparable shipping method will be selected.
Customer is responsible for all risk of loss and damage to products being shipped back to SALON-EXCURIA. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.
Return shipping address:
Excuria Salon and Spa
Attn: Returns Department
(Place your RMA number on this line)
5725 Main Street
Williamsville, NY 14221
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify SALON-EXCURIA immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify SALON-EXCURIA Customer Relations at CustomerRelations@excuriaspa.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for SALON-EXCURIA to file a damage claim.
Check Payment Policy
SALON-EXCURIA will accept a cashiers check or money order on all COD orders. SALON-EXCURIA will accept personal and business checks for prepay orders. Allow 10 business days for clearing.
We respect your right to privacy and will protect it when you visit our website. This page explains how we handle information about you when you visit and use our site. The Excuria Salon & Spa provides this website as a public service — you do not have to provide any personal information in order to enter and browse. The extent and type of information we receive depends on what you do while you are visiting our website.
Excuria Salon & Spa is committed to protecting your privacy and will protect it when you visit our website. That is because we base our business on the trust you place in us. This policy describes our practices regarding personal and account information collected through our Web site. In this policy, “personal and account information” means your name, company name, account number, address, telephone number, and e-mail address plus any other information that personally identifies you, including your industry, the number of employees at your company, and purchase history, or would permit us to contact you, and “we” and “us” means Excuria Salon & Spa as well as its affiliated companies.