Curly-Curl / Terms and Conditions

11 MAY 07

CURLYCURL.COM

TERMS & CONDITIONS
Welcome to the Curly-Curl.Com website ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").

GENERAL
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

HOW TO PLACE AND ORDER USING THE ONLINE STORE
• To browse through the Curly-Curl Site catalog, simply choose from the various categories on the menu of choice.

• All transactions are conducted in US Dollars.

• If you see an item that you wish to place in your shopping cart, click the "ADD TO YOUR CART" button (you can always remove it from your cart later). From within your virtual shopping cart, you can select the desired size, color, quantity (if applicable).
• To preview the collected items in your shopping cart, click the "YOUR SHOPPING CART" icon above. If you wish to remove an item from your shopping cart, click the "REMOVE" link next to that shopping cart item.

• To purchase the items that are in your shopping cart, click on the "CHECK OUT" button in your shopping cart. Fill out the order form and click the "SUBMIT MY ORDER" button to place your order online.

• We do not process orders over the phone or accept checks. We only process order through this Site and with the use of major credit cards.

• No Purchases by Minors: By ordering a product or service online from Curly-Curl, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Curly-Curl, without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.

• Taxes: You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Curly-Curl.

RETURN POLICY
• We have a 100% satisfaction guarantee.
• It is easy to return an item. You can return items via mail. Make sure the item(s) are securely wrapped and that you put your “ship from” address as the sender and a copy of your credit-card charge that you received when you made a purchase.
• Our Return Address: Curly-Curl RETURNS 2967 Michelson Drive, G-437, Irvine, CA 92612 USA.
• Items eligible for returns must be new, unused, and contain all original product packaging and accessories.
• Most items must be returned within 30 days and we will issue a full refund, excluding shipping and handling charges.
• While we can replace damaged or defective merchandise, we can't exchange items.
• In order to get exactly what you want as quickly as possible, simply return the unwanted item for a refund and place a new order for the item you want.
• When we receive your return, we'll issue a refund.

SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by “Curly-Curl”. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Curly-Curl. Curly-Curl and all other Curly-Curl trademarks appearing at this Site are trademarks of Curly-Curl.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. Any downloaded Contents and other downloadable materials displayed on the Site is strictly for your personal use only, whether it is was purchase or marked free content. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Banners, Advertisements, and Promotions: We reserve the right to post banners, advertisements, promotions, and similar content throughout this Site. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Curly-Curl disclaims all liability in connection with therewith.

Procedure for Alleging Copyright Infringement: Curly-Curl will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, then send us a written notice that includes all details.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Curly-Curl on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Curly-Curl’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Curly-Curl of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Curly-Curl will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Curly-Curl is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Curly-Curl may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Curly-Talk™, Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Curly-Curl may use your information for its marketing and promotional purposes.

CURLY-CURL’S COMMUNICATIONS TO YOU
You agree that Curly-Curl may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Curly-Curl’s products or services, or for such other purpose(s) as Curly-Curl deems appropriate.

PRODUCT INFORMATION
Most Curly-Curl products displayed at the Site are available while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

At this time, Curly-Curl product is only available online at CurlyCurl.com. Notice will be given to our customers when we have product in retail stores.

COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Curly-Curl does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

SHIPPING AND DELIVERY ESTIMATES
Our goal is to process you order(s) and get them into your hands as fast as possible. The shipping information below is an estimate as to how long it takes for us to process your order and how long it will take for a shipping company to deliver your order. Times may vary depending on availability of product and weather conditions. We do not ship on weekends or major holidays.

Shipping charges will depend on total weight and destination of the shipment. When you place your order, you will automatically receive an tracking number via email to track your order.

International Shipments:
International shipping fees (for deliveries outside the United States and Canada) are not included in the online Order Total, but if applicable, they will be added to your Order Total when we process your order. Also, shipping costs for international orders vary by country. Depending on your countries customs policies there may be additional charges at pick up to your country.

Method of Shipment:
• Our primary method of shipping is UPS (United Parcel Service) but there are some exceptions.
• Orders to P.O. (Post) Office Boxes, APO/FPO addresses and U.S. Territories will be shipped by USPS (United States Postal Service) Priority Mail.
• Order to Canada will be shipped by Canadian Post.

• Backordered Items:
Backordered items will be shipped separately as soon as they become available, at no extra cost.

• Shipping Charges:
Shipping charges are based on the amount you order. The charges shown above are for a single address.

DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY (WHERE APPLICABLE) SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT CURLY-CURL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INACCURACY DISCLAIMER
From time to time there may be information in the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION
You agree to defend, indemnify and hold Curly-Curl harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

MISCELLANEOUS
Unless otherwise specified and except to the extent Curly-Curl products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Curly-Curl’s products and services available in the United States and select foreign markets. This Site is controlled and operated by Curly-Curl from its offices in Irvine, California, USA.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California and the County of Orange.

TERMINATION
This Agreement is effective unless and until terminated by either you or Curly-Curl. You may terminate this Agreement at any time. Curly-Curl also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Curly-Curl’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Curly-Curl, 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 this Agreement or otherwise.

If you have any further questions, please email us at webmaster@curlycurl.com. Please include your name and contact information. Or, you can mail us at Curly-Curl 2967 Michelson Drive, G-437, Irvine, CA 92612 USA.