TERMS AND CONDITIONS OF SALE

Last Updated: 9 October 2024

1.   DEFINITIONS
   1.   When the following words with capital letters are used in these Terms, they have the meaning set out below:
      1.   Order: your order for the Products via the Website;
      2.   Products: the goods and/or gift cards that We are selling to you;
      3.   Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;
      4.   Terms: the terms and conditions set out in this document, and any Special Terms;
      5.   Website: WWW.GHDHAIR.COM/US ; and
      6.   We/Our/Us: GHD North America LLC, trading as ghd, of 4500 Park Granada, Suite 100, Calabasas, CA 91302.
   2.   When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2.   OUR CONTRACT WITH YOU
   1.   These are the terms and conditions on which We supply Products to you. Our Terms of Use [A1] are incorporated by this reference.
   2.   Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order. These Terms tell you who We are, how We will provide Products to you, how you and We may change or end the contract, what to do if there is a problem and other important information. By placing an Order for Products from the Website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not place an Order.
   3.   When you submit the Order to Us, you will receive an order acknowledgement email detailing the Products you have ordered. Our acceptance of the Order will take place on the shipment of your Order as described in clause 2.4. If We cannot accept your Order, We will inform you of this via email, We will not process the Order and will not charge you for the Product. If any payment has been taken prior to non-acceptance of your Order, you will be refunded (or any pending payment will be released). We might not accept your Order because the Product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because your Order breaches any of these Terms, or because We have identified an error in the price or description of the Product.
   4.   We will send you an email confirming that the Products have been shipped (“Confirmation”). Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgement of your Order does not constitute acceptance of your Order.
   5.   We shall assign an order number to the Order and inform you of it when We accept the Order. It will help Us if you can quote the order number in all subsequent correspondence with Us relating to the Order.
   6. The Website is intended solely for Us to sell Products direct to end consumers, and therefore purchase of Products for resale or professional or salon use is strictly prohibited.
3.   CHANGES TO ORDER OR TERMS
   1.   We may revise these Terms from time to time by posting the updated Terms on the Website and by providing notice on the Website.  The Terms of Conditions of Sale posted on the Website at the time you place your order will govern that purchase. 
   2.   If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 7.
4.   DELIVERY OF PRODUCTS
   1.   Your Order must be billed and shipped to locations within the United States, United States territories or Canada. We are unable to ship to P.O Boxes. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address.
   2.   It is your responsibility to provide Us with a complete and accurate delivery address information. We will not be liable if you supply Us with incomplete or inaccurate information. Delivery of an Order shall be completed when We deliver the Products to the address you gave Us. The Products will be your responsibility from the completion of delivery.
   3.   If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in installments. We will not charge you extra delivery costs for this. 
   4.    The risk of loss and title for the Products pass to you upon delivery.
   5.   Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If We are unable to ship the Products within the time specified or thirty (30) days of a completed Order, We may request your consent to a delay in shipping. Absent this consent, We will cancel your Order and provide a full refund, including shipping fees within seven (7) working days.
   6.   On delivery of your Order please check the Products against the delivery note. If there is any discrepancy or if any Product is damaged please contact Us as set out in clause 15 as soon as possible. Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged.
   7.   If you have not received your Order within 7 days of receiving the Confirmation please contact Us as set out in clause 15.  Deliveries shipped to Canada may take longer.
   8.   Whilst Our standard delivery service will usually deliver Product within 7 days of dispatch, Our legal obligation is to deliver Product without undue delay and in any event not more than 30 days after the date of Confirmation.  If We miss this delivery deadline, or any other deadline that We agree with you, then we will contact you via email and you can cancel your Order for any of the Products or reject Products that have been delivered by contacting customer services as set out in clause 15. If We have delivered some of the Products to you, you must post them back to Us in an unused condition and in their original, undamaged packaging.  We will pay the costs of postage so please contact customer services as set out in clause 15 for a returns label.  After cancellation (and return of the Products if applicable) We will refund any sums you have paid to Us for the cancelled Products and their delivery and the provisions of clause 12 will apply where these Products were subject to a promotion when sold.
5.   YOUR RIGHTS TO CANCEL AN ORDER
   1.   Cancellation Before Shipment: You may cancel an Order free of charge, provided it has not yet been shipped.
   2. Cancellation After Shipment
      1.   If what you have bought is faulty or defective you may have a legal right to cancel an Order (or to get the Product repaired or replaced or to get some or all of your money back), see clause 6; or
      2.   If you have just changed your mind about the Product, see clause 7.
   3.   If you want to cancel an Order for a reason set out at 5.3 (a) to (c) below, We will refund you in full for any Products which have not been provided. The reasons are:
      1.   We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
      2.   there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
      3.   you are cancelling an Order because of something We have done wrong (including because we have delivered late (see clause 4.8)) in which case you would be required to return the Product to us and we will fund the costs of return (please contact customer services as set out in clause 15 for a returns label).
   4.   If you wish to cancel an Order for any reason set out in clause 5.2, you must let us know by contacting customer services as set out in clause 15.  Where you have changed your mind and are cancelling under clause 7, you may use the form referred to in clause 7.1.  Where you end the contract for any reason after Products have been dispatched to you, you must return them to us.  Clauses 6 and 7 include more information about how Products should be returned and who is responsible for paying the costs of return.
6.   IF THERE IS A PROBLEM WITH THE PRODUCT
   1.   THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. We warrant that on delivery and for the period set out below, the Products shall be free from material defects. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. However, this warranty does not apply and We shall not be liable in the circumstances described in clause 6.2.

Provided that the Product is purchased from Us or Our authorized reseller and you let Us know by contacting us at 818 843 9673 during the relevant warranty period within a reasonable time of discovery that the Product does not comply with this warranty (giving us as much detail as possible) and you return the Product to Us, We shall (at our option) either repair or replace the defective Product, or refund the price of the defective Product in full.

6. 2.   This warranty does not apply to any defect in the Products arising from:
      1.   fair wear and tear;
      2.   willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      3.   if you fail to operate or use the Products in accordance with the user instructions; and
      4.   any alteration or repair by you or by a third party.
   3. 6  WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE PRODUCTS OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE. UNLESS UNENFORCEABLE OR UNLAWFUL UNDER APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7.   YOUR RETURN RIGHTS
   1.   We operate a 21 day no hassle returns policy under which you have a right to return any Product at any time after Confirmation and 21 days from the day after you receive your Order. If you wish to return any Product, you must:
      1.   let Us know by contacting customer services by telephone, email or contact form (all contact details are set out in clause 15) or by printing this form and mailing it to Us at the address on the form;
      2.   include original packing slip and Confirmation E-mail Receipt; and
      3.   then return the Products (including their original packaging and accessories) to Us within 14 days of letting us know you wish to cancel.

We shall provide you with a refund of the price paid for the Product excluding shipping and handling charges. The refund will be made via your original payment method within 14 days from the date We receive the Products or, if earlier, within 14 business days from the date you provide proof of postage to Us .

7. 2.   You must pay the costs of return however, please note that where you are returning Products that are faulty of defective or if you are canceling an Order in accordance with clause 5.3, We will pay the costs of return.
8.   PRICE AND PAYMENT
   1.   The price of the Products will be the price indicated on the order pages when you place your Order. Product Prices shown on the Website are in U.S. Dollars and are valid and effective only in the United States. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if We discover an error in the price of the Product you order or in any promotional discount applied to the Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted.
   2.   All prices shown on the Website do not include shipping and handling costs and do not include  any applicable sales, use and similar taxes.
   3.   It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product’s correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product’s correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, We may cancel your Order, refund you any sums you have paid and require the return of any Products provided to you.
   4.   Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. You will pay all shipping and handling charges specified during the ordering process. The cost of delivery will be as displayed to you on the Website before you finalize your Order. Please check these carefully, as you consent to this charge when you submit your Order.
   5.   You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We accept payment with, Visa, Mastercard, Paypal, and American Express. We will collect funds from you when We dispatch the Products, however, We may place a pending payment on your account (including your Paypal account) when you place your Order. Taking payment or placing a pending payment on your account does not constitute acceptance of your Order. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, We will notify you and your Order may be suspended or cancelled if you do not resolve the issue promptly.
9.   DELAY AND EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our Control then We will contact you as soon as possible to let you know and We will take steps to minimize the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay we will contact you and you may choose to cancel your Order and receive a refund for any Products you have paid for but not received. Nothing in this clause 9 limits your statutory rights.

10.   PROMOTIONS
    1.   The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer.  Where a specific offer says something different to this clause 12, the terms of the specific offer will apply.
    2.   No promotion, discount or promotional code available for redemption on the Website may be used in conjunction with another offer or used to purchase gift cards.
    3.   Only one promotional code can be used per Order.
    4.   A promotional code cannot be applied to an Order after it has been placed.
    5.   Discounts do not apply to any delivery charges unless expressly stated.
    6.   Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the products you keep and lose the benefit of the offer.
    7.   Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift.  Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.
11.   OUR CANCELLATION RIGHTS
    1.   We may cancel your Order at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:
       1.   you do not make any payment to Us when it is due;
       2.   you do not, within a reasonable time, allow Us to deliver the products to you;
       3.   We become aware, or reasonably believe, that you are in breach of these Terms;
       4.   stock becomes unavailable; or
       5.   an event outside of Our control (as set out in clause 11) occurs.
    2.   If we end your Order in the situations set out in clause 11.1 We will refund any money you have paid in advance for Products We have not provided (or release any holding payment placed on your account).  If We cancel your Order in the situations set out in clause 11.1(c), We may deduct or charge you for the net costs we will incur as a result of cancelling your Order.
12.   INFORMATION ABOUT US AND HOW TO CONTACT US
    1.   We are a subsidiary of a company based in England. Our US office is at 4500 Park Granada, Suite 100, Calabasas, CA 91302.
    2.   If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 1-877-GHD-ANGEL (443-2643) or by e-mailing Us using the contact form on the Website.
    3.   If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us via the contact form on the Website, by hand or by pre-paid post to the address set out in clause 15.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.
13.   HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to Us in accordance with the Privacy Policy[A2] .

14. Dispute Resolution and Binding Individual Arbitration
    1. Purpose: The term "Dispute" means any dispute, claim, or controversy, except as specifically excluded in Section 8.2 below, between you and Us, or any of Our current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, arising out of or relating to your relationship with Us or Our affiliates, your use of this website, your purchase of any products from Us, or the interpretation, application, or enforcement of these Terms (including the validity, enforceability or scope of this "Dispute Resolution and Binding Individual Arbitration" section), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The term Dispute is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between you and Us, or any of Our officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, We and you agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this clause 14, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. 
    2.   Exclusions from Arbitration: We and you agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this clause 14): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g. imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. We and you may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.
    3. Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS. If you do not wish to be bound by the binding arbitration and class action waiver in this clause 14, you must notify Us in writing within 30 days of the date that you accept, or anyone acting on your behalf accepts, these Terms, unless a longer period is required by applicable law (the "Opt-Out Deadline"). Your written notification must be sent to CUSTOMERSERVICE@GHDHAIRUSA.COM and must include: (1) your name; (2) your address; (3) the email address associated with your online account with Us, if you have one; and (4) a clear statement that you do not wish to resolve Disputes with Us through individual arbitration. In order to validly opt out of this clause 14, We must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if We do not receive an opt-out notice from you, or if We receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
    4.  Notice of Dispute: IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO CUSTOMERSERVICE@GHDHAIRUSA.COM, TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) your name; (2) your address; (3) your email address or phone number associated with your account, if any; (4) your online membership ID, if any; (5) your order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought (together, the “Required Information”). If your notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be resent before any arbitration or other legal action may be initiated against Us. This requirement is intended to inform Us that you have a Dispute to be resolved. You and We agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute in accordance with this clause 14.4. If you and We do not resolve the Dispute within 60 days from receipt of your notice of the Dispute, you or We may pursue a claim in arbitration pursuant to the terms in this clause 14. 
    5.   Class Action Waiver: YOU AND WE AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING, EXCEPT AS OTHERWISE DESCRIBED BELOW IN THIS PARAGRAPH AND THIS CLAUSE 14. IF APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE LIMITATION IS THIS PARAGRAPH AS TO A PARTICULAR REMEDY, THEN A CLAIM SEEKING THAT REMEDY (AND ONLY THAT REMEDY) MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT.   

In addition to the AAA Rules (as defined below), you and We agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.  

If a court or arbitrator determines, in an action between you and Us, that this class action waiver is unenforceable, this clause will not apply to you. If you opt out of clause 14 as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. 

1. 6.  Initiation of Arbitration/Selection of Arbitrator: If you and We are unable to resolve a Dispute through the pre-dispute negotiation process, you or We may then, and only then, initiate an arbitration proceeding with the American Arbitration Association ("AAA"), in accordance with the rules of the AAA (as applicable, and as modified by this clause 14), including the Commercial Arbitration Rules and Consumer Arbitration Rules, as applicable (the “AAA Rules”). The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling 1-800-778-7879. The terms of this clause govern in the event they conflict with the AAA Rules. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that We shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Us. 
   7.  Arbitration Procedures: Because the product We provides to you concerns interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. The arbitration shall be conducted in the English language.  

We agree to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Dispute is for less than $1,000, We shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, We will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, We and you will bear the fees and expenses for our own respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration. To the extent otherwise permitted by law, the arbitrator may also allocate arbitrator compensation, administrative fees, and/or the prevailing party’s reasonable attorney’s fees to the losing party upon the arbitrator’s determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. Any arbitration will be confidential, and you and We agree not to disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.  

Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your account history, and communications directly related to your purchases of products from the Us. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. 

14. 8.  Arbitration Location: You or We may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, We may transfer the arbitration to Los Angeles County in the event that We agree to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or We request an in-person or virtual hearing, or the arbitrator determines that an in-person or telephone appearance is required. Virtual hearings shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in Los Angeles County, California. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that, in the event of an in-person hearing, any of Our employees or affiliates which are based outside of the United States and which are participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. 
    9. Arbitration Award: The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in your favor individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in this clause will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and We agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the FAA). The arbitrator’s award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. 
    10.  Severability: If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this clause will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable in its entirety, this entire clause will be unenforceable, and the Dispute will be decided by a court. 
    11.  Continuation: This section survives any termination of these Terms or the provision of Our products or services to you. 
    12. Jury Waiver: IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. 
    13. Limitation of Liability: WE WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. OUR LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THESE TERMS OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT SHIPPED WHICH GIVES RISE TO THE CLAIM. You are responsible for any hazardous waste management. 
15. OTHER IMPORTANT TERMS
    1.   We may transfer Our rights and obligations under these Terms to another organization. We will always notify you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2.   You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
    3.   This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
    4.   Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
    5.   If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that you have the right to do those things and it will not prevent us from taking steps against you at a later date. For example, if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.
    6. Subject to clause 14 above, these Terms shall be governed by the laws of the State of New York, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York, in each case, without regard to its choice or law or conflict of laws provisions.
    7.   If you wish to make a complaint, please email CUSTOMERSERVICE@GHDHAIRUSA.COM

*Our 21-day “no hassle” guarantee

Our “no hassle” guarantee means that if for any reason you are unhappy with your purchase, simply return your purchase in its original packaging, with your original packing slip and Order Confirmation E-mail Receipt within 21-days of your purchase for refund.

To be accepted for return, all products must be returned in the original box containing all original product packaging and accessories.

Shipping and handling charges are not refundable except as set forth in clause 7.2. For additional questions or order inquiries, email CUSTOMERSERVICE@GHDHAIRUSA.COM , or call 1-877-GHD-ANGEL (443-2643).*