TERMS & CONDITIONS

 

TERMS OF USE:

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE VOYAGE HAIR SPA WEBSITE. THE FOLLOWING ARE THE TERMS OF THE AGREEMENT BETWEEN VARIA LLC (“VOYAGE Hair Spa”) AND THE BUYER (“BUYER”) OF ANY PRODUCTS THROUGH VOYAGE HAIR SPA WEBSITE (THE “SITE”). BUYER IS REQUESTED TO REVIEW THESE TERMS CAREFULLY BEFORE ORDERING:

INTRODUCTION:

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the website. This Contract constitutes the entire and only agreement between VOYAGE Hair Spa and Buyer and supersedes any, and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the website, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.

COPYRIGHT:

The content, organization, magnetic translation gathering, compilation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the website is prohibited.

SETUP AND PAYMENT:

Buyer represents and warrants that (1) the credit card information supplied is true, correct and complete. (2) charges incurred by the Buyer will be honored by the Buyer’s credit card company. (3) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify VOYAGE Hair Spa within 24 hours of any breach of this Contract or unauthorized use of the password. VOYAGE Hair Spa does not protect Buyer from unauthorized use of Buyer’s password.

MODIFICATION, EDITING & DELETING:

VOYAGE Hair Spa reserves the right in its sole discretion to remove any goods for sale from the website. Upon notice published over the website, VOYAGE Hair Spa may modify this contract, or prices, and may discontinue or revise any or all aspects of the website in its sole discretion and without prior notice. Modification of this contract will be deemed effective upon publication on the website with respect to transactions occurring after said date.

RIGHT TO REFUSE:

VOYAGE Hair Spa reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.

NON-TRANSFERABLE:

Buyer’s right to use the website is not transferable and is subject to any limits established by VOYAGE Hair Spa or by Buyer’s credit card company.

INDEMNIFICATION:

Buyer agrees to indemnify, defend and hold VOYAGE Hair Spa and its affiliates, licensors and suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this contract or use of the website.

ORDER CONFIRMATION:

After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact VOYAGE Hair Spa Online Customer Service by email at hello@voyagehairspa.com for assistance. Only authorized orders will be processed and shipped. All orders are subject to authorization.

DELIVERY POLICY:
 

The Buyer is responsible for inspecting all Products received from VOYAGE Hair Spa for any damage or other issues upon delivery. Each box is packaged and insulated to keep the Product frozen or cool to the Buyer’s door. It is the Buyer’s responsibility to receive the HairSmoothie and freeze*, or refrigerate* the Product as soon as possible, to maintain its integrity and freshness. If the Product arrives defective please contact VOYAGE Hair Spa within five (5) days of receipt at hello@voyagehairspa.com (for more information on Refunds, please check VOYAGE Hair Spa’s Refund Policy). *If the Buyer’s Product arrives still frozen, the Buyer may freeze until ready to use, or refrigerate to thaw and use within twenty five (25) days.

From the time of delivery, the condition and application of the Products are solely at the Buyer’s risk, and the Buyer is solely responsible for the proper and safe handling, storage, and application of the Products following delivery.

If the Buyer is not at home when delivery arrives, the courier will leave the package at Buyer’s door. VOYAGE Hair Spa’s Products are packaged with insulated liners and ice packs and are designed to be delivered frozen under normal delivery conditions. However, depending on the season and temperature of the Buyer’s geographic area at the time of delivery, advance planning should be made for proper storage of Buyer’s Products prior to use. The Buyer may be able to provide additional delivery instructions when setting up their VOYAGE Hair Spa account (“My Passport”), such as requesting that Buyer’s delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from VOYAGE Hair Spa is presumed to be authorized to receive such delivery. In cases in which the Buyer has a designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had the Buyer accepted the delivery themselves.

 

In the case of inclement weather or other events beyond VOYAGE Hair Spa’s control that interfere with the ability to deliver the Buyer’s order, VOYAGE Hair Spa will attempt to deliver the order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date (the Buyer will receive notification of such and any changes regarding delivery).

RETURN POLICY

If a Product purchased on the website is defective, Buyer shall contact VOYAGE Hair Spa Online Customer Service by email at hello@voyagehairspa.com within five (5) days of receipt of the Product and VOYAGE Hair Spa will provide a full or partial refund or store credit for the purchase price for that item. In order to process the request, Buyer shall provide a detailed description of the defect, a proof of purchase, and photographic documentation of any Product that is defective.

SUBSCRIPTION POLICY:

VOYAGE Hair Spa offers different subscriptions for Products (each, a “Subscription”). For more information about Subscriptions, please visit the FAQ page. Note that VOYAGE Hair Spa does not currently offer a Subscription service to every location, so please visit VOYAGE Hair Spa’s SHOP page to confirm availability of delivery to the Buyer’s area.

Continuous Subscriptions.VOYAGE Hair Spa Subscription Service. The VOYAGE Hair Spa Subscription Service is an automatic recurring subscription service. As part of the VOYAGE Hair Spa Subscription Service, VOYAGE Hair Spa offers a number of subscription options to choose from (each, a “Plan”). Every two weeks, Buyer will receive a package from VOYAGE Hair Spa including the contents of their chosen plan (each a “Delivery”). Buyer can find specific details regarding their plan and the VOYAGE Hair Spa Service (“My Passport”) by accessing the Site and accessing their Account details. WHEN BUYER REGISTERS FOR A SUBSCRIPTION, BUYER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) VOYAGE HAIR SPA (OR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE BUYER ON A BIWEEKLY BASIS FOR BUYER’S SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS BUYER’S SUBSCRIPTION CONTINUES, AND (B) BUYERS SUBSCRIPTION IS CONTINUOUS UNTIL CANCELLED OR VOYAGE HAIR SPA SUSPENDS OR STOPS PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. BUYER ACKNOWLEDGES AND AGREES THAT VOYAGE HAIR SPA WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM BUYER FOR SUCH AUTOMATIC, RECURRING PAYMENTS. BUYER MAY SKIP THEIR BIWEEKLY ORDER BY MANAGING DELIVERY SCHEDULE ON BUYER’S DELIVERY SCHEDULE PAGE.

Subscription Cancellation Policy. BUYER’S SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL CANCELLED. BUYER MAY CANCEL IN THEIR ACCOUNT SETTINGS OR BY EMAILING VOYAGE HAIR SPA AT HELLO@VOYAGEHAIRSPA.COM AND FOLLOWING THE INSTRUCTIONS RECEIVED. BUYER MAY CANCEL AT ANY TIME, BUT IF BUYER CANCELS AFTER THE WEEKLY CUT OFF (WEDNESDAY AT 6 PM ET), BUYER WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT WEEK’S SHIPMENT. BUYER WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF THEIR SUBSCRIPTION.

In the event Buyer cancels Subscription, VOYAGE Hair Spa may still send promotional communications, unless Buyer opts out of receiving those communications by following the unsubscribe instructions provided therein.

ONE-TIME ORDERS CANCELLATION POLICY:

Buyer may cancel their order up to five (5) business days prior to scheduled delivery date, without penalty by emailing hello@voyagehairspa.com.

USE OF INFORMATION:

VOYAGE Hair Spa doesn’t provide any customer data to 3rd party individuals or entities. Except those individual and entities on behalf of and confidentially for VOYAGE Hair Spa.

GOVERNING LAW:

This Agreement is governed by the substantive laws of the State of Georgia, County of Fulton.  Each person or entity who is a Party to this Agreement or subject to the arbitration provisions of this Agreement consents to jurisdiction and venue of the state and federal courts in Fulton County Georgia. Any cause of action of Buyer with respect to the website must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the above Disclaimer. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

LITIGATION:

All legal proceedings arising out of, or in connection with, this Contract shall be brought solely in the State of Georgia, County of Fulton. Buyer waives any claim or defense that venue or jurisdiction rests in Fulton County Georgia. Should any part of this Contract be held invalid or unenforceable, that portion shall be severed from this contract and the remainder of this contract shall remain in full force and effect unless such severed portion can be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties. To the extent that anything in or associated with the website or VOYAGE Hair Spa is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of VOYAGE Hair Spa to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

ACKNOWLEDGMENT:

This Agreement represents the entire understanding between Buyer and VOYAGE Hair Spa regarding its use of the website and supersedes any prior statements or representations.

ORDER LIMITS:

Products ordered online are not for resale. As such, VOYAGE Hair Spa reserves the right to limit order quantities per item and the total value of products ordered per day and per month.

CURRENCY & SALE TAXES:

All prices on the website are in US dollars. Buyer agrees that all orders shipped by VOYAGE Hair Spa are subject to sales tax, applicable in accordance with the tax code of the state to which the order will be shipped. Tax is estimated at the time an order is placed and a final calculation of the actual sales tax will be reflected on Buyer’s order confirmation e-mail and packing slip.

SECURITY ONLINE:

Credit card information entered on the website is secure and safe using a VeriSign SSL Certificate. All orders placed on the website are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, VOYAGE Hair Spa can insure that all orders are placed safely and securely. As such, VOYAGE Hair Spa is not liable for any direct or indirect damages related to credit card fraud or theft.

CUSTOMER SERVICE:

For any questions on how to order or the status of an order, please contact VOYAGE Hair Spa Online Customer Service by email at hello@voyagehairspa.com for assistance.

DISCLAIMER:

The goods offered through the website are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of VOYAGE Hair Spa, for any reason, and Buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Buyer, for the particular items purchased. VOYAGE Hair Spa and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), Product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between VOYAGE Hair Spa and Buyer. This website and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.

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