Terms of Service

TERMS OF SERVICE

1. GENERAL TERMS

Accepting Terms of Service 

Please read these terms of service carefully before you start to use the website. This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and Poshy Hair Essentials, Inc. (“we,” “our,” “us,” or “Poshy Hair Essentials”), and governs your access to and use of our website located at poshyhairessentials.com  the “Site”) and related services, including (i.e. tutorials, or rental-related accommodations)  (the “Service” or the “Services”). By using the website you accept and agree to be bound and abide by these Terms and our Privacy Policy. We reserve the right to change these Terms of Use from time to time without notice to you. Under no circumstances may you access or use the Services if you are under eighteen (18) years old. If you do not agree to some or all of these terms and conditions, you are not authorized to access or use the Site or the Services and should not use the Site or the Services. 

Disputes shall be resolved by final, binding arbitration (“Arbitration”) administered by the American Arbitration Association (“AAA”) under the AAA's Commercial Arbitration Rules. Under any event of Arbitration, including but not limited to any action to compel, enforce an award of Arbitration or seek injunctive relief pursuant to these Terms of Service, the prevailing party shall be entitled to an award of their reasonable attorney's fees and costs for such proceeding, including any related trial or levels of appeal.

Website Hosting 

This Website is hosted on Shopify. Shopify provides us with an online e-commerce platform that allows us to sell our products and Services to you. Shopify controls the protection of data and may collect user data in their capacity as a third-party vendor. If you would like to know more about the Shopify hosting Service please see their terms of use.  

Privacy

Your submission of information through the Site is governed by “Poshy Hair Essentials”’ Privacy Policy. To review the current Privacy Policy, please click here (insert a link to privacy policy).

Payment

You agree to pay all fees or charges associated with the Services provided in accordance with the fees, charges, and billing terms in effect at the time an order is placed. By providing us with 

your credit card number and associated payment information, you agree that we are authorized to immediately collect all charges owed and that no additional notice or consent is required.

You are solely responsible for: (i) the fee for any Services that you order and that are not canceled in accordance with our cancellation policy, (ii) the price of any tools that are not returned in accordance with our return/refund policies, and (iii) any late fees accrued by you due to late, lost, or damaged items. 

We recommend that you do not store your payment or personal information through your web browser or other software.

Fraudulent Billing

Should you become aware of a potential breach of security for your billing information, such as unauthorized disclosure or use of your personal information, please reach out to info@poshyhairessentials.com as soon as you become aware of the matter with payment information that has been breached along with an updated form of payment.  

Invalid Methods of Payment

You must not knowingly provide fraudulent or invalid payment information during rental transactions. It is your responsibility to ensure that all forms of payment provided (including credit or debit cards) are valid. If for any reason, it is determined that you have provided an invalid form of payment, you will be invoiced directly using the information on file for the full amount of your order. 

Late Fees

If you do not return one or more Products by the Item within the Rental Period, you hereby authorize us to charge your payment method non-refundable late fees for an additional Rental Period, up to the full original retail or comparable value of the item.  Please see the FAQ for  the applicable Item Return Dates and the current late fees charged for each day that an item is not returned. 

If you are charged by Poshy Hair Essentials, and pay the Maximum Late Fee for an item, you are permitted to retain the item. Each of which will be charged separately from, and in addition to, any late fees. Payment of any late fees does not excuse your breach of these Terms.

Access Rights

We hereby grant to you a limited, non-exclusive, non-transferable right to access the Site and the Services solely for your personal non-commercial use and only as permitted under these Terms of Service and any separate agreements you may have entered into with us (“Access Rights”).

We reserve the right, in our sole discretion, to deny or suspend the use of the Site and the Services to anyone for any reason. You agree that you will not and that you will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or the Services to violate any local, state, national, or international law; (c) distribute viruses or other harmful computer code through the Site or that of our third-party partners, or (d) otherwise use the Site or the Services in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and in public comment areas of the website such as tool reviews. 

Modifying Your Order

You may submit changes to your order up to the time the item is fulfilled in our packaging center after securing your rental. Poshy shall confirm the change to your order within 24 hours of receiving your request. Some circumstances may not permit us to acknowledge your request. In these instances, we will notify you of any issues with accommodating your request, and issue and initiate a refund for your request, should you wish to terminate your order. 

Delivery 

You must provide us with accurate shipping information so that we can timely deliver Products to you. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. 

1. PRODUCT USE 

Assumption of Risks; Release and Indemnification 

By using Poshy’s rental Service, you assume the risks associated with operating hair tools in the company’s inventory. By agreeing with the Terms of Service outlined in this section you agree to release, defend, indemnify and hold harmless Poshy, officers, employees (collectively “Indemnified Party") against any bodily injury, property damage or  damage, claim, suit,

liability, judgment, and expense (including but not limited to attorneys' fees, and other costs

of litigation), and any fines, penalties, or assessments, arising out of injury, disease or death

of persons or damage to or loss of any property or violation of the applicable law caused by you  or arising out of your acts or omissions, or anyone for whom you are directly or indirectly responsible.

           

Use of Tools by Minors 

By using the Site and the Services, you affirm that you are of legal age to enter into this Agreement. The Site is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. Minors (under the age of 18) may not use the Site. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records by sending a notice to info@poshyhairessentials.com.

You shall not use the hairstyling tools in a negligent, reckless, illegal, unauthorized or abusive manner. By using our Services, you acknowledge that the equipment may be dangerous if used improperly or used without reviewing instructions that are included with your rental.

Product and Service Descriptions

We may, in our sole discretion, provide listings, descriptions, or images of items that are available on the Services as examples of the products we rent, but we cannot guarantee that the item listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any items will be available, even if noted as so on our Services. Such information and the availability of any item are subject to change at any time without notice. The availability through the Services of any listing, description, or image of an item does not imply our endorsement of such item or affiliation with the provider of such item.

Return for Packaging 

You must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging If you use the Return Packaging that we provide. Poshy Hair Essentials will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased tools (“Return Label”), or for any fees or expenses that you incur due to delays in Poshy receiving the Product. Poshy does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.

In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the hair styling tool in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional fees for which Poshy will not be liable. You are solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.

1. OTHER 

Geographical Restrictions

Hairstyling tools on the website are restricted to shipping only within the United States. The company makes no representation that all tools, Services, and/or material described on its site, or the Services available through the Site, are appropriate, legal, or available for use in locations outside the United States or in all territories within the United States.

Dispute Resolution

Except as otherwise set forth in these Terms of Service, including the mandatory arbitration provision at the beginning of these Terms, you hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising as a result of your use of the Site or the Services, solely pursuant to the terms of the section below.

Governing Law: This agreement is governed by the laws of the Commonwealth of Massachusetts. For any action to compel Arbitration, enforce an Arbitration award or seek injunctive relief pursuant to these Terms of Service, the parties consent to the venue of Massachusetts, United States, and each party expressly waives any objection to jurisdiction and venue in such courts.