Agreement for Terms and Conditions of Purchase
To our Hair Enhancements of Pittsburgh Friends and Family, we want you to feel beautiful, both inside and out.
We thank you for holding trust in us during these very trying times.
To ensure transparency on all ends, we ask that you carefully review these terms and conditions.
DUE TO THE ONGOING COVID-19 CRISIS AND TO ENSURE THE SAFETY, HEALTH AND WELL-BEING OF OUR VALUED CUSTOMERS AND STAFF, ALL HAIR-CONTAINING PRODUCT PURCHASES WILL BE FINAL SALE AND CANNOT BE RETURNED NOR REFUNDED. NON-HAIR CONTAINING PRODUCTS CAN BE RETURNED SUBJECT TO THE SPECIFIC PROVISIONS OF SECTION VIII HEREIN. WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE THIS MIGHT CAUSE.
I. INTRODUCTION (APPLICATION OF AGREEMENT)
THIS AGREEMENT FOR TERMS AND CONDITIONS OF PURCHASE (this “Agreement”) is entered into by and between Hair Enhancements of Pittsburgh, LLC, with its principal place of business located at 2891 West Liberty Avenue, Pittsburgh, PA 15216 (the “Company”) and the Client (the “Client”), with respect to the Client’s purchase of the Company’s custom hair wigs (“Wigs”), custom hair systems (“Hair Systems”), and/or hair services (“Hair Services” and together with Wigs and Hair Systems, “Hair Product”).
This Agreement constitutes the entire agreement by and between the Company and the Client with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
The Client agrees to review this Agreement prior to purchasing any Hair Product. Purchase of a Hair Product shall be deemed acceptance of this Agreement and shall constitute Client’s understanding of the terms and conditions set forth herein.
II. PAYMENT PLAN
- PURCHASE PRICE: The Client agrees to pay to the Company the total amount of the Hair Product (the “Purchase Price”).
- DEPOSIT: The Client agrees to pay to the Company an initial deposit fee of fifty percent (50%) of the Purchase Price (the “Initial Deposit”). The Initial Deposit shall be NON-REFUNDABLE.
- BALANCE OF PURCHASE PRICE: The Client agrees to pay to the Company the balance of the Purchase Price (via check, credit card, or cash) upon final inspection (the “Final Inspection”) of the Hair Product. The Final Inspection shall take place at the Company’s address, located at 2891 West Liberty Avenue, Pittsburgh, PA 15216. Upon the Final Inspection and the Hair Product meeting all specifications set forth herein, the Hair Product shall become the property of the Client, subject to the terms of this Agreement.
- TAXES: Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between the Client and the Company, shall be paid by the Client in addition to the Purchase Price. The sales tax in the Commonwealth of Pennsylvania is 7.00%.
The Client represents and warrants the following: (i) the credit card information supplied to the Company is true, complete and correct; (ii) the Client is duly authorized to use such credit card for the Purchase Price; (iii) the charges incurred by the Client will be honored by the Client’s credit card company; (iv) the Client shall pay any and all charges incurred by the Client at the amounts in effect at the time incurred, including all applicable taxes and fees; and (v) the Client will not cancel any credit cards on file with the Company during the pendency of this Agreement. The Client shall be responsible for all charges incurred using credit card authorization to the Company, including any and all fees incurred by the Company in collecting any unpaid amounts.
It is further understood and agreed by the Client that any fees paid using Client’s credit card cannot be revoked or reversed in any manner whatsoever; any such revocation or reversal of payment shall be deemed a breach of this Agreement and shall be immediately actionable.
III. DELIVERY; TIMING. Shipment dates for Custom Wig orders are approximate. Company reserves the right to amend the shipment date without any notice. In the case of exceeding a previously quoted delivery date, a default in delivery shall be given only after a reasonable extension of time. Events of Force Majeure (as described in Section XV herein) shall entitle Company to postpone the delivery for the duration of the hindrance.
IV. A NOTE ON WIG QUALITY, STYLE AND COLOR
Company’s hair loss specialists will custom fit Client’s Wig and alter Client’s design to meet and exceed Client’s every expectation. Company is extremely conscious of what does and does not work well with medical and natural hair loss, so Company is careful to only offer the most comfortable designs that feel and look as natural as can be. Client understands that Company uses a variety of wig types, from synthetic hair to high-end human hair, that differ in cost based on materials and craftsmanship. While Company has every intention to design each Wig to the Client’s exact and precise specifications, including but not limited to color, style and length, Client understands that there can be slight variations in the Wig’s structure, feel, and color over time, due to oxidization, change in weather, and perspiration.
Company guarantees the complete satisfaction of its products to the extent of and subject to the terms of this Agreement, the Product Warranty and the Return Policy.
V. WIG RE-CUT OR STYLE CHANGE POLICY
The Company understands that the Client’s initial design and style of Wig might not be so fitting after all. As such, the Company hereby agrees to allow certain changes to any newly purchased Wig:
- Any re-cut or style change must be made within the first fourteen (14) days from the date in which the Hair Product becomes the property of the Client (as described in Section II above).
- Any request to materially alter the design, shape or color the Wig, which shall include re-color, a change of color, a re-cut or any other procedure, not due to an event or circumstance covered under the Product Warranty, made after the first fourteen (14) days from the date in which the Hair Product becomes the property of the Client (as described in Section II above), shall be charged at the sole discretion of the Company. The Company reserves the right to charge any additional fee in relation to Section (ii) hereof.
VI. PRODUCT WARRANTY
The Company guarantees the artistry and skillfulness of each Hair Product for sixty (60) days from the date in which the Hair Product becomes the property of the Client (as described in Section II above) against any wear and tear related to the wig’s normal use. In the event of damage, the Company shall agree to repair the Hair Product in accordance with the Repair Policy described in Section VII herein.
This Product Warranty specifically does NOT cover the following: (1) wig washes and wig sets are EXCLUDED from the Product Warranty but can be paid for separately; (2) Servicing of the Hair Product by a party other than the Company shall VOID THE PRODUCT WARRANTY IN ITS ENTIRETY; and (3) Any physical damage to the Hair Product caused by negligence, improper care or attempts to change or alter the Hair Product by any party other than the Company, and its stylists, shall VOID THE PRODUCT WARRANTY IN ITS ENTIRETY.
VII. REPAIR POLICY
Any kind of repair that does NOT materially alter the Hair Product, and that is requested within the first sixty (60) days from the date in which the Hair Product becomes the property of the Client (as described in Section II above), shall be free of charge, including:
- Standard Touch-Ups
- Color Modifications, provided, however, that these modifications are not substantial or material
- Net or Wig Cap Adjustments
VIII. RETURN POLICY
At this time, the Company will not be accepting returns of any hair-containing products. THERE ARE NO EXCEPTIONS TO BE MADE AT THIS TIME.
Non-hair-containing products can be returned for Store Credit or Refund to the same method of payment, subject to the following: (i) the return of non-hair containing products must be made no later than fourteen (14) days from the date of the original purchase; and (ii) all headwear and accessories must have original tags attached.
Refunds will be processed within 7 to 10 business days from the date of return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. In the event of a delay, please contact Company.
No items will be accepted by the Company beyond the above-referenced dates except for items returned under the Warranty Returns.
If you have any questions or concerns regarding Company’s Return Policy, please contact firstname.lastname@example.org.
IX. DISCLAIMER OF WARRANTIES
Company makes NO WARRANTIES OR GUARANTEES for the Hair Products. COMPANY SELLS AND CLIENT ACCEPTS THE GOODS “AS IS.” THUS, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Company’s disclaimer of warranties does not affect the terms of any warranties from the manufacturer of the Hair Products.
X. LIMITATION OF LIABILITY
- CLIENT AGREES THAT COMPANY SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT; OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. This provision applies regardless of what basis for liability IS assertED against COMPANY, including BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. This provision applies regardless OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER COMPANY KNEW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY REMEDY FAILED TO ACHIEVE ITS ESSENTIAL PURPOSE.
- CLIENT AGREES THAT COMPANY’S TOTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE.
XI. WAIVER. No waiver by the Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
XII. GOVERNING LAW. All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
XIII. SUBMISSION TO JURISDICTION. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the Commonwealth of Pennsylvania in each case located in the City of Pittsburgh and County of Allegheny, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
XIV. AMENDMENT AND MODIFICATION. These terms shall only be amended or modified in a writing which specifically states that it amends these terms and is signed by an authorized representative of each party.
XV. FORCE MAJEURE. Company is excused for failure to perform its obligations under this Agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Company and prevents Company from complying with any of its obligations under this Agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Company.
XVI. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction
XVII. SURVIVAL. Provisions of these terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement including, but not limited to, Governing Law, Submission to Jurisdiction, and Survival.
Client has, as of the Effective Date, read and understands this Agreement and agrees to abide by the terms and conditions listed above.