Introduction
These Terms and Conditions (“Terms”) govern the access or use by you, an individual, from within the United States of America of the content, products, and services made available in the Blond Brilliance® online store (the “Store”) at blondbrilliance.shop (the “Website”).
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any services.
Use of Website
You may use the Website for browsing and purchasing haircare products, and for no other purpose. Blond Brilliance® grants you a limited license to access and make personal use of this Website, but does not grant you the right to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Blond Brilliance® name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage so long as the link does not portray Blond Brilliance® or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Blond Brilliance® logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Website does sell products for children, but we do not knowingly collect personal information from children under 13. If you are under 13, you may not provide any personal information to us.
Purchases and Payment
We accept payment by credit card processed through a third-party payment processor. Your credit card account will be billed once we dispatch your order. By placing an order online, you agree to accept and pay for the order in full plus applicable sales taxes and shipping costs. For international orders, any import duties or local taxes (such as sales tax, goods and services tax or value-added tax) are not included in the item price or shipping cost. These additional charges must be borne by you. We aim to include all taxes and import duties in the order total at checkout. However, your credit card will be charged the full amount of the duties and taxes if we later determine that more is required. You are liable for all transaction taxes on the order (other than taxes on Blond Brilliance’s income). Refund requests are handled on a case-by-case basis and granted at the sole discretion of Blond Brilliance.
All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer is void where prohibited.
Once you place an order, it can only be canceled or modified up to 1 hour after you place it. After 1 hour, all orders are final. We reserve the right to refuse any order you place with us at our sole discretion. 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. If we make a change to or cancel an order after 1 hour, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of purchase.
Returns and Refunds
Please review our Returns Policy posted on our Website prior to purchasing any products.
Use and Care of Products
Improper use or care of products purchased from Blond Brilliance can result in damage to your hair or skin. Always carefully review enclosed instructions, cautions and product information before use and contact us if you have any product questions. Discontinue use if you experience any irritation or reaction. Do not use our products on eyebrows or eyelashes. Blond Brilliance is not liable for any damages due to misuse or improper application of products.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Blond Brilliance®, Copyright © 2023, ALL RIGHTS RESERVED. You may use the content of this Website only for personal, educational and non-commercial purposes. Any other use of the materials on Website, including modification, distribution, transmission, republication, display or performance, without the prior written permission of Blond Brilliance is strictly prohibited.
User Comments and Other Submissions
While we appreciate your comments and feedback, please be aware that if you submit any ideas, images, materials or other information to us through the Website or otherwise (“User Content”), your submission will be considered non-confidential and you automatically grant Blond Brilliance a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, without providing any compensation or attribution back to you as the source of such User Content. You waive any moral rights you may have in the User Content and agree that we may use your name, likeness or other indicia of your persona in connection with our use or publication of your User Content. You agree that you will not provide any User Content that is unlawful, obscene, pornographic, racist, sexist, discriminatory, false or misleading, libelous, defamatory, threatening, vulgar, hateful, harassing, invasive of privacy or publicity rights, infringing of intellectual property rights, contrary to ethical standards or otherwise objectionable or illegal in any way. We reserve the right (but not the obligation) to remove, edit or refuse to publish any User Content at any time at our sole discretion and without notice to you.
Privacy Notice
We respect your privacy and are committed to protecting it. Our Privacy Notice, located on our Website, explains how we collect, use, and disclose information that pertains to you when you access or use our Website. Please review this notice carefully.
Disclaimer; Limitations on Liability
The information, products and services offered on or through the Website are provided on an “as is,” “as available” basis without warranties of any kind, expressed or implied, including warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information (oral or written) obtained by you from Blond Brilliance or through the Website will create any warranty not expressly stated herein. Any sample products or swatches provided to you are solely for preliminary color matching and final selection and results may vary. We do not warrant that the Website or its operation will meet your expectations or requirements.
We will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages arising from use of the Website or any products purchased therefrom, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify and hold Blond Brilliance® and our officers, directors, employees, agents, successors and assigns harmless from any liability, claim, demand, damage, loss or expense (including attorneys’ fees and costs) due to or arising out of: (1) your use of the Website; (2) your breach of these Terms; (3) your violation of any third party’s rights, including without limitation any copyright, trademark, trade secret, right of privacy or right of publicity; or (4) any defamatory, offensive, or illegal conduct or data you submit or transmit through the Website. Your indemnification obligations shall survive the termination of our agreement with you. You shall give us prompt written notice of any claim or facts which might give rise to a claim covered by this indemnity.
DMCA Copyright Infringement Notice
Blond Brilliance respects the intellectual property rights of others and expects our users to do the same. If you believe that your copyrighted work has been copied and is accessible on or through the Website in a way that constitutes copyright infringement, please provide our Copyright Agent (listed below) with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Description of the copyrighted work that you claim has been infringed;
- Identification of where the material that you claim is infringing is located on the Website, including the URL or IP address;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached by directing an e-mail to the Copyright Agent at [email protected]
Applicable Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to principles of conflict of laws. Any legal actions, claims or demands will be handled exclusively in the federal or state courts located in Davidson County, Tennessee and you hereby irrevocably consent to the personal jurisdiction of said courts and waive any objections to venue therein.
Modifications and Interruption to Website
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), including the availability of any product, service or feature on the Website, at any time and without notice. You agree that Blond Brilliance will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.
Entire Agreement
These Terms (together with our Privacy Notice) contain the entire understanding and agreement between you and Blond Brilliance concerning your access and use of the Website. No representation, statement or inducement, whether oral or written, not contained in this Agreement shall bind either party.
Contact Us
If you have any questions regarding these Terms, please contact us at:
Blond Brilliance®
123 Blond Way
Nashville, TN 37205
Email: [email protected]