Terms and conditions
Terms of Use
You may only use this Site if you agree with these Terms and conditions below. If you do not agree, please do not use the site.
Cancellation Policy
You will not be charged if you cancel your order before your Colorist has started building your kit. If your Colorist has started building your kit, you will be charged 50% of the kit cost for cancelling. If the kit has already been shipped out to you, the order cannot be cancelled. Please feel free to reach out the Colorist directly or contact out ManeMix at hello@manemix.pro.
Right and License to Use
ManeMix grants you the limited, non-exclusive right and license to make personal use of the Site and to buy products and services from ManeMix. This license does NOT include any right to resale or commercial use of the Site or its contents; any right to collect and/or use any product listings, descriptions, or prices; any right to use the look and feel of the Site, to copy the Site or to make derivative works from the Site or its contents; any right to download or copy account information for the benefit of another business or person; or any right to use data mining, robots, or similar data gathering and extraction tools. You may not use any metatags or other hidden text utilizing ManeMix's name or trademarks without ManeMix's express written consent. ManeMix reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Any other type of commercial use is prohibited. If you are under 18, you may use the Site only with the direct involvement of your parent or guardian. This Site is not intended for use by anyone under 13 at any time.
Ownership
ManeMix's name, logo, the contents and materials on the Site, software, designs, graphical elements and data are, unless otherwise indicated, the property of ManeMix or its licensors, and are protected by United States and international trademark, copyright and other intellectual property laws. None of the foregoing may be reproduced, duplicated, copied, appropriated, sold, resold, or used for commercial purposes unrelated to ManeMix without the prior written consent of ManeMix. Any unauthorized use of ManeMix's intellectual property would result in the termination of the license and rights hereby granted and may result in civil and/or criminal prosecution.
Links/Frames
ManeMix grants you the nonexclusive, revocable right to post text hyperlinks on your website to any section of the Site as long as the link does not portray ManeMix, its officers, employees, affiliates and/or partners in a false, misleading, derogatory, defamatory or otherwise offensive or damaging manner. You agree that you will remove any such link at ManeMix's written (including emailed) instruction. The right to post links to the Site does not imply the right to use ManeMix's logo or other trademarks unless ManeMix consents in writing. In addition, you may not frame or use framing to enclose any trademark, logo or other proprietary information of ManeMix without ManeMix's express written consent.
User Accounts
A client who wishes to purchase products or services from the Site needs to create an account. In order to establish an account, you must provide an email and password combination as well as your first and last name. You will have the ability to change this information after you create your account. Thereafter, you only will have to enter your email address and password to access your account. Should you lose or forget your password, our system will—at your request—send you an email to reset it. In the event you cannot remember which email address you used, please contact customer service.
You also will need a user account in order to post any User Content, such as product reviews, to the Site. You will be asked to choose a "display name" that will be shown on the Site accompanying your User Content, which need not be your actual name.
It is important that you keep all of your account information, including without limitation your billing, shipping, and hair color profile/preferences, updated and current. On the Site, you will be able to manage your account information directly.
User Content
By posting any text, graphics, voice and/or audio files, photographs, illustrations, or videos to the Site, including without limitation any user reviews, photos, textual or video testimonials or comments (collectively, "User Content") you grant ManeMix a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right (through multiple tiers) to use, reproduce, modify, adapt, publish, transfer, assign, translate, create derivate works from, distribute, and display such User Content on a worldwide basis in any media. You represent and warrant to ManeMix that you own all rights to the User Content you submit or post to the Site or that you have obtained appropriate license rights from the owner in order to grant ManeMix the license set forth in the preceding sentence, and that the User Content is accurate, not misleading, does not include profanity, will not cause harm to ManeMix or to any other person or entity, does not and will not infringe the rights of any person or entity, and is not defamatory. You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless ManeMix, its licensors and its partners against any third-party claims resulting from User Content you provide. ManeMix as an online service provider under applicable law has the right but not the obligation to monitor or edit any User Content. ManeMix takes no responsibility and assumes no liability for any User Content you post or submit to the Site.
Product Descriptions
ManeMix attempts to describe its products as accurately as possible. However, ManeMix does not represent or warrant that the product descriptions or related content on the Site are accurate, complete or up to date. Your remedy in the event that ManeMix's description is inaccurate is to return the product in accordance with the return policies described below.
Copyright Complaints
If you have reason to believe that there is any User Content or other material, content or work product on the Site that infringes intellectual property that you own or control, please let us know in writing by following the procedures set forth below (which track the notification and takedown requirements of the Digital Millennium Copyright Act (DMCA) in the United States). Your notification to ManeMix must include all of the following components:
A physical or electronic signature of the copyright owner of a right that allegedly has been infringed, or the person authorized to act on behalf of the owner;
Identification of the copyrighted work that you claim has been infringed (or a list of works infringed if more than one work is affected);
Identification of the material or content that you believe to be infringing and should be removed from the Site, or access to which should be disabled; please provide very specific information about the offending content and location of the infringement;
Information that enables ManeMix to contact you, including address, telephone number and email address where you may be reached;
Your statement that you have a good faith belief that use of the content/material on the Site in the manner complained of is not authorized by the copyright owner, its agent or the law; and
Your statement that the information in the notification is accurate, and under penalty of perjury, that you own the exclusive right(s) allegedly infringed, or are authorized to act on behalf of the owner of the exclusive right(s) allegedly infringed.
Please send your communication to ManeMix's Customer Service at hello@manemix.pro.
Modifications to the Terms of Use
ManeMix may modify its Terms of Use, its Privacy Policy or any other company policy at any time in its sole discretion. Unless noted otherwise in a specific policy, modifications to the Terms of Use, Privacy Policy or any other company policy shall become effective when posted to the Site. It is your responsibility to monitor these Terms of Use, and your continued use of the Site implies your acceptance of any these Terms of Use and other policies as modified. In the event you do not agree with the terms of any such modified policies, you should stop using the Site.
Product Warranties
Hair color and hair care product differences are likely to occur for multiple reasons, including but not limited to the accuracy of your responses to ManeMix's questions and/or prompts, the specific color settings on your monitor, the manner in which you treat the products and the care with which you follow the instructions and cautions thereon, and your particular hair color and hair care product application technique. Manemix does not represent or warrant that your hair color and hair care results will be identical to that of the photos or images displayed on the site. Manemix does not make any representation or warranty regarding delivery times.
Safety Precautions/Warnings
Manemix products may contain ingredients which can cause allergic reactions, and in rare cases such reactions can be severe. You agree to follow all safety precautions, warnings and instructions set forth on the product packaging and in the coloring guide and personalized instructions. To view the list of ingredients used in ManeMix products and the referenced precautions and warnings, please visit the website.
Site Warranties
The site and the content and materials contained thereon are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that your use of the site, including all site content, is at your sole risk. Manemix disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the materials and content on the site. Manemix does not represent or warrant that materials and content on the site are accurate, complete, current, reliable, or error-free.
Manemix does not represent or warrant that the site or its server(s), including user content or content posted by third parties, are free of viruses or other harmful components. You should ensure that your computers are protected by recognized antivirus software.
Limited Liability
In no event shall ManeMix be liable for any indirect, special, incidental or consequential damages whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials thereon or resulting from using ManeMix products. In the event that ManeMix is found liable to you or to a third party for any reason, our liability is limited to the greater of: (a) any amounts you have paid us in the 12 months immediately preceding the claim (that resulted in liability) having arisen, or (b) $100 (one hundred us dollars). Some jurisdictions do not allow the disclaimer of warranties, or certain limitations or exclusions of liability (such as new jersey), so some of these limitations or exclusions may not apply to you.
Indemnification
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless ManeMix, its officers, directors, employees, agents, licensors and suppliers (collectively the "provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any wrongful or unlawful activity related to your internet account (including negligent or wrongful conduct), by you or any other person accessing the site using your internet account.
Applicable Law; Arbitration
The Site's Terms of Use, Privacy Policy, any other ManeMix policy, and any transactions shall be governed and construed in accordance with the laws applicable in the State of California.
You agree that any dispute, claim or controversy arising out of or relating to this Site or the Terms of Use or Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in Los Angeles, California before a single arbitrator(s) with expertise in ecommerce. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. To the maximum extent permitted by applicable law, this Section constitutes an Agreement to Arbitrate and the parties expressly waive any right to file a lawsuit in federal or state court except as indicated in the remainder of this Section, you waive your right to initiate or participate in any class action litigation (or arbitration) under these Terms of Use or ManeMix's Privacy Policy, and you waive your right to a jury trial. Judgment on the Arbitral Award may be entered in any court having jurisdiction, including outside the State of California. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party in proportion to the parties' relative success on the merits (including the successful assertion of any defenses). The arbitrator shall determine the "prevailing party" and the allocation of fees and costs for this purpose.
Returns
Returns are not entertained at this time. If you are not satisfied with your product, please contact ManeMix customer service at hello@manemix.pro so we can make it right.