Terms and Conditions

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Welcome to Hair Crew & Co.™ We hope you enjoy your online shopping experience with us. This website is operated by Hair Crew & Co,™ and its Terms of Service are in accordance with the laws of NSW Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of NSW Australia and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Your access to this website is conditional upon your acceptance of the following conditions and Terms of Use. Your use and access to this website constitutes your agreement to the Terms of Use.

If there is any uncertainty with the terms and conditions below, please contact Hair Crew & Co.™ before the completion of any purchase.

Intellectual Property

All content on this site, including text, icons, graphics, etc are the property of Hair Crew & Co.™ or its suppliers and are protected by Australian and International Copyright law. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent.

Our website may contain links to third party websites over which we are not responsible for the content of and have no control. These links are placed for your convenience and are visited at your discretion and at your own risk. We make no representation as to the accuracy of material on these sites.

Indemnity

By using this website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the website by you.

Privacy

By using this website and agreeing to this Terms of Use, you are also agreeing to our Privacy Policy.

Trademarks

The ‘ Hair Crew & Co.™ ‘ name and Hair Crew & Co.™ stylized logo are trademarked in Australia and any use without prior written consent is strictly prohibited.

Pricing

We reserve the right to amend and adjust prices at any time. We accept no liability for any such changes and/or errors and we are not bound to fulfill orders at outdated or erroneous prices.

Promotions

We offer varying promotional campaigns to site visitors and to our newsletter subscribers and customers. These promotions have no residual monetary value and must be used at the time of placing your order. Promotions cannot be applied retrospectively. If you take part in a promotion it will be reflected in your order totals on the checkout page and the invoice you are emailed upon completion. Only one offer (inc. free gifts, gift vouchers or coupon codes) can be applied per order. Any promotions offering free products/gifts are limited to one free product/gift per order.

Taxes & Import Duties

Hair Crew & Co.™ is not liable for any import duties, customs charges or restrictions your parcel or goods may be subject to. It is your duty as the purchaser to be aware of any relevant information in your destination country as to these restrictions or charges and you the purchaser remains responsible for all charges and fees incurred. We cannot alter the value declaration on any items. In instances where customs duties require payment, your parcel may be directed to a local postal outlet for your collection and payment of any relevant fees. We can assist with relevant tracking details of the parcel for your local postal service, however payment and retrieval of goods is the responsibility of the customer.

Content

We endeavour to update all site content and imagery in an efficient manner. Please note that 3rd parties change packaging of their products frequently, from different colours on bottles, different wording to total facelifts of entire ranges. At times old imagery may be left up for illustration purposes when no new images have yet to be presented to us. All item names and descriptions are updated in this instance. If you are aware of a product change and specifically wish to receive old packaging, you will need to contact our customer service team prior to ordering. Our stock levels are constantly replenished and generally most items will be new packaging.

Exchange Rates

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie that gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor’s) local currency.

Security & Fraud Prevention

We use SSL encryption software whenever you are requested to enter sensitive information such as your credit card number. To ensure the safety of our customers, on occasion – certain orders may require further information before products can be released for shipment. In most cases, this will only delay an order dispatch by a matter of hours depending on when you can get back to us with the extra information we require.

Advice

Any advice presented on this website or by our staff is of a general nature and is not intended to substitute professional advice given to you by a skin specialist, physician, or practitioner. Whilst all effort is made to ensure all information and advice is accurate, BUSINESS NAME will not be held responsible for any loss or damage arising from its use.

Order Cancellation

Hair Crew & Co.™ reserves the right to cancel and refund any order we see fit with or without reason. If this occurs, all funds will be refunded. All orders are considered an offer for purchase or an invitation to treat.

Stock

We carry large amounts of stock and have shipments arriving daily. From time to time we may run out of an item(s) you have ordered and need to replenish our stock levels. In this instance, the delay in dispatch of your goods is generally only 2-3 business days. In the event of a delay, the order status in your account will be updated notifying you.

Phone Orders

To continue to offer you the best value for money and customer experience, our operations are focused on online sales and the economies of scale they produce. For this reason, we do not accept phone orders. Should you require assistance in completing an online order, our Customer Service Team will be happy to oblige.

Cancelling or Amending Orders

We urge you to double-check your order before submitting it. Once submitted all orders are final and cannot be cancelled or amended.

Order Accuracy & Shipping Details

It is your responsibility to ensure your order and all relevant personal and address details are correct at the time of purchase before submitting it to us. We are not responsible for the non-delivery of this email due to incorrect information provided (eg. incorrect spelling).

Your order will be shipped with the information supplied by you. Should this order be unsatisfactory to you upon arrival or not be delivered due to incorrect information provided by you, we are under no obligation to re-ship or reimburse any costs.

Shipping details for an order cannot be altered once an order has been submitted. We accept no responsibility for lost parcels as a result of the incorrect or insufficient information supplied by you.

In the event your parcel is not able to be delivered due to circumstances beyond our control or with no one present to sign and is taken to your local post office, it is your obligation to collect your parcel in a timely manner. Full tracking details are emailed to you by Australia Post on the day your order is shipped. We or Australia Post are not responsible for non-delivery of this email due to incorrect information provided (eg. incorrect email) nor your service providers blocking/filtering of these emails.

In the event your parcel is returned to us for any reason, we will issue a store credit note to the value of goods less any costs incurred by Hair Crew & Co.™.

Transit Times

Transit times given on this site are estimates provided by our shipping partners and should be used as a guide. Hair Crew & Co. make no guarantees with regards to shipping times or delays which are beyond our control. Should your order not have reached your Australian address in 10 business days, please contact our Customer Service Team. International deliveries depending on destination can take longer on occasion than standard time frames. Outside Australia, if you have not received your parcel in 20 business days, please contact our Customer Service team; however, note we are not able to lodge investigations with our shipping partners for international parcels until 30 business days from shipment.

30-Day Returns Policy

If you are not 100% satisfied with your purchase, we are happy for you to return any unopened and unused item(s) for a store credit. Please email our Customer Service Team who will advise you of the process and assist you with organising your return.

Due to the personal nature of hair care and skin care products we cannot accept returns of any used or opened items unless deemed faulty. Please note that a product is not deemed faulty based on personal opinion or suitability after use.

For full details regarding returns please see our Returns Policy.

Returned Items

Once an item has been received by Hair Crew & Co.™ we will issue a credit note (or for faulty items a replacement).

If the product returned to us is:

  1. Found to have been used and/or opened or tampered with in any way; or
  2. if you have indicated that the product was returned due to a fault and we later determine it is not faulty;

we will be unable to offer you a credit (or replacement) for the product or any other related expenses.

Hair Crew & Co.™ Facebook and Instagram Competitions

By entering this competition, the entrant agrees to these terms and conditions. Each valid entrant must have a public Instagram account and comply with the requirements as follows.

There is no limit to the number of entries. The entrant consents to their entry being published by Hair Crew & Co.™ , including their first name. The content must be the work of the entrant. The entrant whose entry is judged by Hair Crew & Co.™ panel of judges to be the most fun and creative will win. Chance plays no part in determining the prize winner.

Hair Crew & Co.™ may, in its absolute discretion, decline to award a prize, including where the judges determine that the entry is not of publication standard. Prize winners will be announced and contacted via social media within 3 business days of the Competition closing.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Hair Crew & Co.™ (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile.

Messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at Hair Crew Co.™ . Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  4. Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  5. Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  6. Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in NSW Australia before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hair Crew & Co.™ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.