Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between Be a 10 and Buyer, and supersedes any, and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
The content, organization, magnetic translation gathering, compilation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should first check the ingredients in the products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any products received from the Be a 10 website before use if you have concerns or questions.
SETUP AND PAYMENT
Buyer represents and warrants that (1) the credit card information supplied is true, correct and complete. (2) charges incurred by the Buyer will be honored by the Buyer's credit card company. (3) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Be a 10 within 24 hours of any breach of this Contract or unauthorized use of the password. Be a 10 does not protect Buyer from unauthorized use of Buyer's password.
MODIFICATION, EDITING & DELETING
Be a 10 reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Be a 10 may modify this contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
Be a 10 reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Buyer's right to use the E-Store is not transferable and is subject to any limits established by Be a 10 or by Buyer's credit card company.
Buyer agrees to indemnify, defend and hold Be a 10 and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this contract or use of the E-Store.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order, has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact Be a 10 Online Customer Service by email at firstname.lastname@example.org for assistance.
Be a 10 orders are shipped on business days (Monday through Friday 8:30-4:00 excluding major holidays). Only authorized orders will be processed and shipped. All orders are subject to authorization.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact Be a 10 Online Customer Service by email at email@example.com for assistance. Please allow 7-14 business days. Be a 10 isn’t responsible for any unforeseen or Force Majeure events. Shipping & Handling Fees may apply to all orders.
Be a 10 will only accept returns for products purchased on the E-Store within 14 days of Buyers receipt of product via the E Commerce Store. Products purchased on the E-Store cannot be returned to a Be a 10 distributor nor to a salon which sells Be a 10 products.
If a product purchased on the E-Store is defective, customer shall contact Be a 10 Online Customer Service by email at firstname.lastname@example.org within 14 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect and a proof of purchase.
USE OF INFORMATION
Be a 10 doesn’t provide any customer data to 3rd party individuals or entities. Except those individual and entities on behalf of and confidentially for Its a 10 Haircare.
By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. We may use your contact if you have requested information from, purchased goods or services from us, or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have consented received marketing communications at that time.
This Agreement is governed by the substantive laws of the State of Florida, County of Broward. Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Broward County Florida. Any cause of action of Buyer with respect to the E-Store must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of, or in connection with, this Contract shall be brought solely in the State of Florida, County of Broward. Buyer waives any claim or defense that venue or jurisdiction rests in Broward County Florida. Should any part of this Contract be held invalid or unenforceable, that portion shall be severed from this contract and the remainder of this contract shall remain in full force and effect, unless such severed portion can be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties. To the extent that anything in or associated with the E-Store or Be a 10 is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Be a 10 to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between Buyer and Be a 10 regarding its use of the E-Store and supersedes any prior statements or representations.
Products ordered online are not for resale. As such, Be a 10 reserves the right to limit order quantities per item and the total value of products ordered per day and per month.
CURRENCY & SALE TAXES
All prices on the E-store are in US dollars. Buyer agrees that all orders shipped by Be a 10 are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, Be a 10 can insure that all orders are placed safely and securely. As such, Be a 10 is not liable for any direct or indirect damages related to credit card fraud or theft.
At this time, Be a 10 ships strictly to the contiguous 48 U.S. states, plus Alaska and Hawaii. Shipments to U.S territories (such as Puerto Rico and Guam) and the Armed Forces are currently unavailable.
For any questions on how to order or the status of an order, please contact Be a 10 Online Customer Service by email at email@example.com for assistance.
The goods offered through the e-store are provided "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Be a 10, for any reason, and Buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Buyer, for the particular items purchased. Be a 10 and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Be a 10 and Buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability