AGREEMENT BETWEEN USER AND KELLY VAN GOGH ™
The Web Site operated by KELLY VAN GOGH™ “The Company” or its affiliates of subsidiaries (“KVG” or KELLY VAN GOGH”), is comprised of various Web sites and Web pages. KELLY VAN GOGH™ Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the KELLY VAN GOGH™ Web Site constitutes your agreement to all such terms, conditions and notices. Your use of a particular KELLY VAN GOGH™ website may also be subjected to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the KELLY VAN GOGH™ Web Sites may themselves contain additional terms that govern particular features of offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular KELLY VAN GOGH™ website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you not agree to these terms you may not use this Site.
MODIFICATIONS OF THESE TERMS OF USE
KELLY VAN GOGH™ reserves the right to change the terms, conditions and notices under which the KELLY VAN GOGH™ Web Sites are offered, including but not limited to the charges associated with the use of the KELLY VAN GOGH™ Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the KELLY VAN GOGH™ Web Sites are for your personal and noncommercial use. You may not modify, copy distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products of services obtained from the KELLY VAN GOGH™ Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of material from the different areas of the Site solely for your own noncommercial use. Or to place an order with KELLY VAN GOGH™ or to purchase KELLY VAN GOGH™ products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the site without prior written permission of KELLY VAN GOGH™ is strictly prohibited.
Harassment in any manner from the Site or any of the KELLY VAN GOGH™ Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden which includes impersonation of others including a KELLY VAN GOGH™ employee, host or representative or other members or visitors on the Site or use of the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and the arrangements thereof is copyrighted as a collective work underneath United States and other copyright laws and is the property of KELLY VAN GOGH™, The collective work includes works that are licensed to KELLY VAN GOGH™ Copyright 2009-2011. ALL RIGHTS RESERVED. All trademarks, service marks and trade names (collectively the “MARKS”) are trademarks or registered trademarks of and are proprietary to KELLY VAN GOGH™ or other respective owners that have granted KELLY VAN GOGH™ the right and license to use such marks.
NOTICES AND PROCESURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWNG PROCEURE WILL RECEIVE NO RESPONSE
KELLY VAN GOGH™ respects the intellectual property of others, and we ask our users and visitor to do the same. KELLY VAN GOGH™ will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, KELLY VAN GOGH™ will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KELLY VAN GOGH™ the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description if the copyrighted work that you claimed has been infringed
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number and email address and all other information reasonably sufficient to KELLY VAN GOGH to contact you;
- a statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Notices of claimed copyright infringement should be directed to:
By mail:
KELLY VAN GOGH.
CORPORATE COUNSEL
4555 MANSELL ROAD, SUITE 300
ATLANTA, GA 30022
BY FAX:
678- 623-3214
BY EMAIL:
(Please include “Notice of Infringement” in the subject line)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KELLY VAN GOGH™, THAT YOUR COPYRIGHTED MATERIAL MAY BEEN INFRINGED. ALL OTHER INQUIRIES SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS OR QUESTIONS ON PRIVACY WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TYPOGRAPHICAL ERRORS
In the event a KELLY VAN GOGH™ product or service is listed at an incorrect price due to typographical error or error in pricing information received from our supplier, KELLY VAN GOGH™shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect prices. KELLY VAN GOGH™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchases and your order is canceled, KELLY VAN GOGH™ shall issue a credit to your credit card account in the amount of the incorrect price.
TERMS / TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and /or completing the registration or shipping process. These terms and conditions or any of them, may be modified or terminated by KELLY VAN GOGH™ without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims Limitation Indemnification, Applicable Laws, Arbitration and General shall survive any termination.
USER PARTICIPATION
KELLY VAN GOGH™ does not and cannot review all communication and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and material. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, KELLY VAN GOGH™ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activity on the Site. However, KELLY VAN GOGH™ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to KELLY VAN GOGH™ at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by KELLY VAN GOGH™ at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by KELLY VAN GOGH™ in accordance with KELLY VAN GOGH™ Privacy Statement.
USER SUBMISSION
Except for any personally identifiable information we may collect from you under the guidelines establish in our Privacy Statement material information or other communication you transmit, upload or post to this Site (Communication”) will be considered non-confidential and non-proprietary. KELLY VAN GOGH™ will have no obligations with respect to the communications. KELLY VAN GOGH™ and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images sounds text and other things embodied therein for any and all commercial or non-commercial purposes.
USER CHAT ROOMS
KELLY VAN GOGH™ may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums and the content of any such communications. KELLY VAN GOGH™ however, will have no liability related to the content of any such communication whether or not arising under the laws of copyright trademarked libel privacy obscenity or otherwise.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the External Sites”). However, even if the third party is affiliated with KELLY VAN GOGH™, KELLY VAN GOGH™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KELLY VAN GOGH™. KELLY VAN GOGH™ has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such webs sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that KELLY VAN GOGH™ sponsors, endorses is affiliated with or associated with or has been legally authorized to use any trademark, trade name service mark, design logo symbol or other copyrighted materials displayed or other copyrighted materials displayed on or accessible through such external sites.. None the less, KELLY VAN GOGH™ seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Web master for those external sites if you have any concerns regarding such links or the content located on such external sites.
CLAIMS
Each claim or statement about the effectiveness of KELLY VAN GOGH™ products and /or each claim or statement comparing the effectiveness of KELLY VAN GOGH™ products to the effectiveness of other product is expressly limited to the United States unless otherwise disclosed on the Site.
DISCLAIMER
KELLY VAN GOGH™ makes no warranties or representation about the accuracy or completeness of this site’s content or the content of any site or external sites. KELLY VAN GOGH., does not filter advertisements or other content that might not be appropriate for children. We encourage parent and guardians to spend time online with their children and to consider using and electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, AND PRODUCTS IN THIS SITE, INCLUDING WITHOUT LIMITATION, TEXT GRAPHICS AND LINKS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAWS, KELLY VAN GOGH™ DISCLAIMS ALL WARRANTIES , EXPRESS OR IMPLIED, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFOMRAMNCE. KELLY VAN GOGH™ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KELLY VAN GOGH™ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULLNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KELLY VAN GOGH™ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KELLY VAN GOGH™ HAS BEEN PREVISOULSY ADVISED OF THE POSSIBILTITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGIENCE, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless KELLY VAN GOGH™ its officers, 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 activity related to your internet account (including negligent or wrongful conduct) by you or any person accessing the site using your internet account.
APPLICABLE LAWS
Your use of this Site shall be governed in all respects by the laws of the state of New York USA without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts from the International sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of KELLY VAN GOGH™ products) must be commenced within one (1) year after the claim or cause of action arises. KELLY VAN GOGH™ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor the trade practice shall act to modify any of these terms and conditions . KELLY VAN GOGH™ may assign its rights and duties under this agreement to any party at any time without notice to you.
KELLY VAN GOGH™ makes no representation that materials in the Site are appropriate or available for use in other locations and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside New York, do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of New York.
ARBITRATION
By using this Site, you agree that KELLY VAN GOGH™ at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by the statute.
GENERAL
KELLY VAN GOGH™ may revise these Terms at anytime by updating this posting. You should visit this page from time to time to review the then current terms because they are binding on you. Certain provision of these Terms may be superseded by expressly designated legal notices or terms located on the particular pages at this Site.
OUR ADDRESSES
United States
42 Greene Street
Fifth Floor
New York, NY 10013
United Kingdom
5-11 Regent Street
London SW1Y4LR
Please note that the KELLY VAN GOGH Company does business in the State of New York. KELLY VAN GOGH Company does not own or operate any other facilities mentioned herein. Rather, the other plants and facilities are owned and operated by various subsidiaries, affiliates or joint ventures of the KELLY VAN GOGH Company. A list of the companies can be obtained from:
KELLY VAN GOGH LLC.
42 Greene Street
Fifth Floor
New York, NY 10013
INFORMATION WE COLLECT
To enable you to participate in our site offerings and fulfill your request for products and services, we may collect detail personally identifiable information, including contact information such has name, address, telephone number and email addresses, as well as payment information (e.g. credit card numbers and billing addresses). In addition, we may collect information about your interest in and use of our products and services.
In addition, we may collect certain non-personally identifiable information when you visit our website such as domain name of your internet service provider, type of browser you are using (e.g. Internet Explorer, Firefox), and the type of operating system you are using (e.g. Windows 7 or MacOS).
You grant the Company the right to use the collected information for marketing purposes including, but not limited to, sharing such information with third party advertisers (“Advertisers”), emailing, SMS messaging, or physically mailing Company or any third party offers to your email address, cellular device or postal address. We may also use such information to fulfill prizes, track compliance with the applicable sweepstakes or other promotional rules, analyze customers behavior and / or for content improvement and feedback purposes. We may share the personal information you supply to us, and we join with other businesses to bring selected retail and service opportunities to our user base. The Company also reserves the right to release user information in the event we believe that the Website is being or has been used in violation of any rules regulations or laws.; if the Company is subpoenaed; if the Company is sold or acquired; or when the Company otherwise deems it necessary or appropriate, consistent with applicable laws and regulations. By agreeing to these terms you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion and consistent applicable laws and regulations, determines the disclosure to be appropriate. We may share Web Site usage information about our Website visitors who have received promotional messages with Advertisers for the purpose of formatting future campaigns and upgrading visitor information used in statistical reports. The Company also reserves the right to provide to provide information used in statistical reports. The Company also reserves the right to provide aggregate or group data about our visitors and users for lawful purposes. Aggregate or group data describe the demographics, usage, and or characteristics of our participants as a group without revealing any personally identifiable information. By subscribing to this Website, you agree to allow us to provide such data to third parties. Notwithstanding the foregoing, if you would like us not to share, or to stop sharing your information and/or aggregate or group information with these third parties, please call 866-533-1070 or email us at info@kellyvangogh.com.
CUSTOMER SERVICE
For any Customer Service related inquiries please call us at:
866-533-1070
Email: info@kellyvangogh.com
Customer Service Hours 8:30 am EST through 10:00 pm EST
Credit Cards: We accept MasterCard, Visa and American Express
Check Or Money Order: We do not accept check or money orders.
Sales Tax: Sales tax charges will be added for orders going to Connecticut, New York and New Jersey GUARANTEEEach product you purchase from KELLY VAN GOGH™ comes with our 30-Day “Get Noticed” Guarantee. We guarantee that you will receive at least 3 compliments on your hair within 30 days of using our hair colour or we’ll help you find your perfect shade or your money back. Before a refund can be issued, Customers are required to contact KELLY VAN GOGH™ at (1-866-533-1070) for return authorization instructions. Proof of purchase is required. Shipping and handling charges are non-refundable. KELLY VAN GOGH™ will issue a refund for the original product purchase prices, less shipping and handling within 10 to 15 business days (or 1 billing cycle) after receipt of your return Product.
SHIPPING AND HANDLING RATES & DELIVERY INFORMATION
For shipments in the Continental United States, Standard Shipping and Handling Charges are $9.95Standard delivery time is approximately 5 to 7 business days.
For 2-Day Express delivery in the Continental United States, Shipping and Handling Charges are $18.95. Orders must be placed before 12:00 pm.
For Next Day Express Delivery in the Continental United States, Shipping and Handling Charges are $23.50. Orders must be placed before 12:00 pm
For shipments, to Alaska, Hawaii, and Puerto Rico Shipping and Handling Charges are $28.50.
For shipments, to Canada, Shipping and Handling Charges are $28.50.
For foreign shipments, Shipping and Handling Charges are $28.50 BUT additional costs may apply imposed country by country.
