Terms of service

CANCELLATION POLICY

Orders can’t be cancelled during policy processing time. 

•If we do not deliver or if the products we deliver are not what you ordered or are damaged or defective or the delivery is an incorrect quantity, our only obligation will be, at our option to:

    • make good any shortage or non-delivery or incorrect delivery; or
    • replace any products that are damaged or defective; or
    • refund to you the amount paid by you for the products once we receive returned package 

  • INTELLECTUAL PROPERTY RIGHTS

    All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All intellectual property rights in the Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.

  • OUR LIABILITY

    Please note that we only provide Our Site and Products for domestic and private use. You agree not to use Our Site or any of our Products for any commercial, business or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the Products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List. We do have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity, any indirect or consequential loss or damage, and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL PROFASHIONALSHOPS.COM  LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS 

PLEASE REQUEST REFUND BEFORE FILING A DISPUTE.

WE ARE NOT LIABLE FOR LOST PACKAGES BY CARRIER. ALL PACKAGES ARE INSURED AND SHOULD BE REFUNDED BY CARRIER & NOT PROFASHIONAL STYLING. IF YOU DISPUTE A CHARGE DUE TO LOST PACKAGE WE WILL CHALLENGE YOUR DISPUTE IF PACKAGE SAYS DELIVERED TO ADDRESS CUSTOMER PROVIDED

ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

AGREEMENT TO BINDING ARBITRATION

FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND PROFASHIONAL STYLING AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS OF SALE (THE “ARBITRATION AGREEMENT“).

GOVERNING LAW & ARBITRATION RULES

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the interpretation and enforcement of this Section 19. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement.

The arbitration will be conducted under the then current and applicable consumer arbitration rules of the American Arbitration Association (“AAA“). The AAA rules are available online at www.adr.org.

  PRICE AND PAYMENT

8.1: The price payable for the Products shall be as shown on Our Site in United States Dollars (USD), although please see Section 8.7 below for what happens if we discover an error in the price of any Product you order.8.3: We reserve the right to change the prices on Our Site at any time without notice, but changes will not affect orders which we have already accepted. However, if applicable, the rate of VAT changes after the date of your order, we will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.

 

8.4: Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

8.5: We accept payment by debit card, credit card, Apple Pay (iOS only), We accept the following cards: Visa, Mastercard, American Express.

8.6: You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account.

8.7: It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

8.8: If you wish to apply a discount code or e-gift voucher code to your order, you must enter the relevant code during the online checkout process. Only one discount code and/or a maximum of five e-gift voucher codes, can be used per order and additional terms and conditions may apply in respect of each discount code. We reserve the right to decline to accept any discount or e-gift voucher code that is invalid for your order or that has expired.
Pricing Policy

8.9: Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out, it’s important you acknowledge that you understand this.

FAIR USAGE POLICY
To further protect against fraud and misuse of our returns services, we have put together a Fair Usage Policy.
All returns and purchases must comply with our Fair Usage Policy.
Fraudulent, Suspicious, or Unusual Returns Activity
Your account may be flagged for fraudulent, suspicious, or unusual returns activity.
When flagging your account, we will primarily consider:
· excessive returns, far beyond the rest of our customer-base;
· the number of orders placed;
· the percentage of orders retained;
· the value of each order;
· complaints about unreceived orders;
· missing items;
· unusual activity patterns;
· returned items that we suspect have been worn;
· returned items that have signs of wear and tear; and
· returned items that do not correspond with the order.
At our discretion, we reserve the right to suspend or close your account. In serious cases, we may also refuse to provide a refund and take legal action where necessary.
Following account suspension or closure, you will be required to pay the shipping cost for any valid returns. Valid returns will be refunded as usual.
In future, we may increase the cost of returns for flagged accounts. We will only do this after providing fair notice.
Nothing in this Fair Usage Policy shall affect your statutory rights.