Terms of Use
The Gorgeous Hair "Terms of Use" govern the use of this website and the purchase of any products from it. The website is owned and operated by The Gorgeous Hair Co.
In the context of this website, “we”, “our” and “us” means www.thegorgeoushair.com and “you” and “your” means you, the user or customer of this website.
By visiting the Site or purchasing something from us, you are accepting and consenting to the points described in the Terms of Use. We may modify the Terms of Use from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Use.
1. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by The Gorgeous Hair in accordance with the terms of and purposes set forth in the Privacy Policy.
2. YOUR ACCOUNT
We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. THE GORGEOUS HAIR or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at ghgorgeoushair@gmail.com
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in THE GORGEOUS HAIR best interests to do so.
3. PRODUCT & SERVICES INFORMATION
THE GORGEOUS HAIR attempts to be as accurate as possible in the description of the product on the Platform. However, THE GORGEOUS HAIR does not warranty that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
THE GORGEOUS HAIR reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
4. PRODUCT USE & SERVICES
The products and services available on the platform, and the samples, if any, that Platform may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
5. PRICING INFORMATION
THE GORGEOUS HAIR strives to provide accurate product and pricing information, however errors may occur.
THE GORGEOUS HAIR cannot confirm the price of the product until you make the order. Without limiting the generality of Exchange or Return Policy, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, THE GORGEOUS HAIR shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE GORGEOUS HAIR
6. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Exchanges, Returns and Refunds provided on our Site.
7. MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, and Wallets
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
- Cash on Delivery option is not available for orders outside India.
8. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery provided on our Site, as amended from time to time.
9. CHAT FUNCTIONALITY
The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:
- THE GORGEOUS HAIR may suspend the chat service at any time without notice
- THE GORGEOUS HAIR or its executives are not responsible for any delay caused in attending to or replying to the queries via chat
- Communication through chat may be stored by THE GORGEOUS HAIR for future reference, and the user of such service will not have the right to access such information at any future date
- While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information
- You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions
10. INTELLECTUAL PROPERTY RIGHTS
THE GORGEOUS HAIR name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of The Gorgeous Hair.
11. LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply THE GORGEOUS HAIR endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between THE GORGEOUS HAIR and those third parties.
THE GORGEOUS HAIR is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
12. TERMINATION
These Terms of Use are effective unless and until terminated by either you or THE GORGEOUS HAIR.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. THE GORGEOUS HAIR may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or THE GORGEOUS HAIR you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
13. INDEMNITY
You agree to defend, indemnify and hold harmless THE GORGEOUS HAIR its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to THE GORGEOUS HAIR or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
14. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
15. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
THE GORGEOUS HAIR is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from THE GORGEOUS HAIR on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer)
16. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and THE GORGEOUS HAIR with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
THE GORGEOUS HAIR failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
17. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
If you have any questions regarding these Terms and Conditions, please email us at ghgorgeoushair@gmail.com