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  Sheila Stotts :: Help zone

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  Terms & Conditions
TERMS & CONDITIONS

Welcome to the Sheila Stotts website (the "Site"). Sheila Stotts provides the content and services available on the Site to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. These Terms and Conditions were last updated on 11/30/2006.

1. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.

2. Purchase Related Policies

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

For additional policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.

3. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.

4. Intellectual Property

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Sheila Stotts our affiliates, partners or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Sheila Stotts our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

5. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

6. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Sheila Stotts our affiliates, partners or licensors.

7. Your Account

You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Sheila Stotts’ best interests to do so.

8. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

9. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

10. Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

12. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

13. General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us at OnlineTech@SheilaStotts.com.

Copyright © 2006 Sheila Stotts Inc. All worldwide rights reserved.

ITEM AVAILABILITY

Temporarily Out of Stock / Backordered Items

If an item selected is temporarily out of stock at the time of your order, you will be notified via email and advised of the expected ship date of the backordered item. Backordered items are shipped as soon as they are available. Please be assured that you will not be charged for any item until it is shipped. There will be no additional shipping charges for backordered item(s) shipped. If for any reason you wish to cancel a backordered item prior to shipment, please contact us at 877-HAIREXS (877-424-7397) and we will be happy to assist you.

Pre-sell Items

Pre-sell items are items that are not yet in stock, but available for advanced purchase on our site. Pre-sell items are shipped as soon as they are available with no additional shipping charges. We will notify you of the status of your Pre-sell item via email updates and confirmations. Please be assured that you will not be charged for any item until it is shipped. Anticipated shipment time (i.e. "Available for shipping in mid-September") is indicated on the site adjacent to product information.

Please note: The actual delivery date of your order depends on the shipping method you select.

REDEEMING PROMOTION CODES

Steps for Redeeming Promotion Codes:
1. Enter your promotion code on the "Payment" page or the "Review Your Order" page.
2. Promotion codes are case sensitive and should be entered exactly as they appear.
3. When you click "Submit Order" The offer will be applied to your order.
When a promotion code is accepted, the offer will be displayed in the "Payment Summary".

Important Note: One (1) promotion code may be used per order.

GIFT WRAP SERVICE

Gift orders always receive special care at Sheila StottsOnline. For a $5.00 charge we will be happy to wrap your gift and include a gift card with your personal message.

If you wish to have your Sheila StottsOnline order gift-wrapped, simply click on the "Gift-Wrap" option during "Checkout" and follow the simple instructions. The gift-wrap charge will be added when you return to "Checkout".

Please note: Multiple items within a gift order will be presented as one gift package.

SALES TAX

We are required by law to collect state sales tax on orders being shipped to the following states - AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, MA, MD, ME, MI, MN, MO, NC, NJ, NM, NV, NY, OH, OK, PA, RI, TN, TX, VA, WA. Sales tax will be assessed on the total purchase, including shipping and handling charges. If you have other questions regarding sales tax, please feel free to Email Us.

PAYMENT OPTIONS

Credit cards accepted:
• American Express
• Discover
• MasterCard
• Visa
We're sorry, we do not accept:
• CODs
• Layaway plan
• Personal Checks
• Money Orders
• Credit cards with billing addresses outside the U.S. Important information:
• For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.

SHIPPING CHARGES

Shipping and handling charges per order (delivery for most standard orders within 5-7 business days)

ORDER TOTAL STANDARD SHIPPING 2ND DAY SHIPPING OVERNIGHT SHIPPING
$0.00 - $25.00 $5.00 $10.00 $15.00
$25.01 - $40.00 $6.00 $11.00 $16.00
$40.01 - $60.00 $7.00 $12.00 $17.00
$60.01 - $80.00 $8.00 $13.00 $18.00
$80.01 -$100.00 $9.00 $14.00 $19.00
$Over $100.00 $10.00 $15.00 $20.00

(Can we compare this to the standard UPS shipping rate and determine the best way to go. I want to charge UPS retail prices as we will get discounts on these rates? I don’t want shipping to be a big profit center, but I want to cover cost and then some.)

SHIPPING OPTIONS

Sheila StottsOnline orders are shipped and delivered on business days (Monday through Friday, excluding major holidays). Below are the shipping options available for your Sheila StottsOnline package. Please select the option that best suits your delivery needs during "Checkout".

Standard Service -
• Most orders shipped via Standard Service are processed and shipped in 1 - 2 business days, depending on product availability.
• Most Standard orders are delivered within 5 -7 business days from the order's ship date. Please note: most orders destined for U.S. Territories are delivered within 6-14 business days of the order's ship date. 2nd Day Service -
• Second Day orders placed by 11:00 AM PST will be processed and shipped the same day, depending on product availability*.
• Second Day orders placed after 11:00 AM PST will be processed and shipped the next business day*
• Most orders shipped via 2nd Day Service are delivered within 2-3 business days from the order's ship date.
• We're sorry. We can not ship to P.O. Boxes.
Overnight Service -
• Overnight orders placed by 11:00 AM PST will be processed and shipped the same day, depending on product availability*.
• Orders placed after 11:00 AM PST will be processed and shipped the next business day*
• Orders shipped via Overnight Service are delivered within 1 business day from the order's ship date.
• We're sorry. Orders destined for APO/FPO addresses, U.S. Territories and some locations in Alaska and Hawaii are not eligible for Overnight Service.
*All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped. If your order cannot be processed, an email notice will be sent to advise.

SHIPPING RULES AND RESTRICTIONS

Important Note: Due to the (specify) Holiday, orders placed after 11:00 AM ET on (Day of the week), (Month, Day, Year) will be processed on (Day of the week), (Month, Day, Year).
• Orders are shipped on business days only. Business days are Monday-Friday, excluding federal holidays in the United States.
• Orders with Overnight or 2nd Day Service will be shipped the same day if placed by 10:30 AM PST.
• Orders with Overnight or 2nd Day Service require a signature upon delivery unless otherwise designated by the recipient. If a signature waiver is in place, Sheila StottsOnline cannot accept responsibility for lost or stolen packages.
• Overnight or 2nd Day Service is not available for shipments to APO/FPO addresses, U.S Territories and some locations in Alaska and Hawaii. Please call us at 877-HAIREXS (877-424-7397) if you have any questions.
• Some items sold by Sheila StottsOnline require special handling as specified by federal, state and local regulations governing the transport of these items.
o The method of shipment for these items is dictated by these regulations. At Sheila StottsOnline, we comply with these regulations therefore the shipment of some products to certain locations may not be possible.
o If this affects your order, we regret any inconvenience and thank you for your understanding.
o If you wish to provide a physical address in the United States to which we can deliver, we will be happy to ship your full order.
*We're sorry, we are currently unable to accept orders to be billed or shipped to destinations outside the U.S. Please contact us at 877-HAIREXS (877-424-7397) for special handling.

SHIPMENTS TO APO/FPO ADDRESSES

• Most items may be shipped to Military APO / FPO addresses, but some restrictions apply. • Orders being sent to Military APO / FPO addresses must be shipped via the United States Postal Service and cannot be shipped via 2nd Day or Overnight Priority service.

SHIPPING TO U.S. TERRITORIES, ALASKA, AND HAWAII

• Sheila StottsOnline accepts orders being shipped to Alaska, Hawaii and the U.S. Territories Puerto Rico, Guam, and U.S. Virgin Islands.
• Most items may be shipped to Alaska, Hawaii and the U.S. Territories, but some restrictions apply. See shipping rules and restrictions
• Priority shipping methods (Overnight or 2nd Day service) are not available for certain locations in Alaska and Hawaii and the U.S. Territories. If you have any questions concerning the shipment of your order, please contact us via email or call us at 877-HAIREXS (877-424-7397).

RETURNS / EXCHANGE INSTRUCTIONS

1. Please fill out the "Return Section" of the invoice (the invoice is enclosed in your original order) and place it inside the return package. Be sure to retain a copy of the invoice for your records. If an exchange is desired, please fill out the exchange information and include your credit card number. If you are returning or exchanging a gift, please check the box marked "Gift Return" on the back of the invoice.
2. For your convenience, we have provided a return label on the invoice that should be affixed to the outside of the return package. If the label is not available, all returns should be addressed to:

Sheila StottsOnline
Returns Department
1500 W. 139th
Gardena, CA 90249

3. For your protection and to ensure prompt delivery, we recommend that you send your return via UPS or insured Parcel Post. We're sorry; return shipping fees are not refundable. In the case of damaged items, please refer to Damaged Items.
Your return will be processed promptly upon its arrival and all exchanges will be shipped via standard ground shipping. Processing and transit time for exchange packages is usually 7-10 business days from the time the exchange is received. Business days are Monday-Friday, excluding federal holidays within the United States.

Please note: Only products purchased on Sheila StottsOnline may be returned for refund or exchange.

If you have questions about returns or exchanges, please contact us by phone at 877-HAIREXS (877-424-7397) or via email at info@sheilastotts.com.

DAMAGED ITEMS

When your order arrives, please inspect the carton for any damage that may have occurred during shipment. It is normal for the shipping carton to show some wear, however, if damage occurred to the item(s) in your shipment, please contact us immediately at 877-HAIREXS (877-424-7397).

Please provide the order number along with your email address and phone number for fastest service. To assure prompt resolution, please retain the shipping box, packing materials and the damaged items for inspection by the carrier.  
 

 
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