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INTRODUCTION
a. These terms of use govern your use of our website Www.mkatecollection.com; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
b. You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.
c. Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
LICENSE TO USE WEBSITE
a. Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
b. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
c. republish material from this website (including republication on another website);
d. sell, rent or sub-license material from the website;
e. show any material from the website in public
f. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
g. edit or otherwise modify any material on the website; or
h. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
I. We reserve the right to refuse service to anyone for any reason at any time.
ACCEPTABLE USE
a. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
b. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.
c. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
d. You must not use our website to transmit or send unsolicited commercial communications.
e. You must not use our website for any purposes related to marketing without our express written consent.
RESTRICTED ACCESS
a. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. (We obviously would only do that if we have reason to believe that you visit with malicious intent)
c. You must notify us in writing immediately if you become aware of any unauthorized use of your account or email
d. You are responsible for any activity on our website arising out of any failure to keep your information confidential and may be held liable for any losses arising out of such a failure.
e. You must not use any other person’s user ID to access our website, unless you have that person’s express permission to do so.
f. We may disable your user ID at any time in our sole discretion with or without notice or explanation. (We obviously would only do that if we have reason to believe that you visit with malicious intent)
USER CONTENT
a. In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
b. You are responsible for all activity and content (data, graphics, photos, and links) that is uploaded under your account.
c. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
d. You retain ownership over all content that you submit to our website, however by making your site public, you agree to allow others to view your content.
e. You warrant and represent that your content will comply with these terms of use.
f. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
g. You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
h. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
I. Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
j. We do not warrant that the results that may be obtained from the use of this service will be uninterrupted, timely, secure or error-free, but we commit to do the best we can to give you the best service possible.
LIMITED WARRANTIES
a. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
b. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
a. Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
b. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
c. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
d. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
e. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
f. We will not be liable to you in respect of any loss or corruption of any data, database or software.
g. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
CANCELLATION AND TERMINATION
a. You may cancel your account at anytime by going to your account settings and deleting your account.
b. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
c. We reserve the right to modify or terminate the service we provide for any reason, without notice at any time. (We obviously would only do that if we have reason to believe that you use our site with malicious intent)
d. Fraud: Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
INDEMNIFY
a. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
BREACHES OF THESE TERMS OF USE
a. Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP 🥚address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
a. We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.
ASSIGNMENT
a. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
b. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
SEVERABILITY
a. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
EXCLUSION OF THIRD PARTY RIGHTS
a. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
ENTIRE AGREEMENT
a. Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.
LAW AND JURISDICTION
a. These terms of use will be governed by and construed in accordance with American law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of America.
These terms and conditions were created and last updated on the 5th of February 2019.
Reund:
All Transactions and purchases made on the site is final and MKATE COLLECTION offers no return and exchange unless it can be clearly shown that the product shipped is defected. Due to the nature of our products, we DO NOT issue refunds. All sales are final.
If you received the wrong product, missing any products or have concerns please contact our customer service within 48 hours after receiving the merchandise. We will be happy to rectify the issue. Please do not unravel, wet, play with or install hair. Once an order is placed and processed, we cannot cancel, adjust or apply any discounts to it. Please double check your order before making your purchase.
If you receive your product and it has been damaged during shipment, please email us at mkatecollection@gmail.com within 48 hours of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
Please note that you can only return a product if it is defective. The product returned shall be inspected on its receipt. Please ensure that the following conditions are fulfilled before returning the product:
(c) Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, or we will issue you a store credit to make future purchases on the site.
PRODUCT DISCLAIMER
Texture Disclaimer – Due to the distinct nature of human hair, two heads of hair are never exactly the same. The photos will give you an idea of how the hair textures will look. However, some wavy and curly products are processed for texture. This means that we cannot guarantee that all bundles will look the same, but they will not be distinctly different.
Color Disclaimer – Since our products are not processed or colored, our hair comes only in the natural shades of natural black-brown colors. We cannot guarantee that bundles will have the same color being that hair is taken from multiple donors. We recommend consulting a professional stylist should you consider coloring our hair.
Blonde Hair - You should never use Dye or harsh chemicals on blonde hair. The hair can be Severely damaged to no return.
Lace Products- We do not recommend bleaching the knots. Bleaching the knots incorrectly will cause lace balding/shedding. We are not responsible for lace damage due to bleaching.
Unconfirmed Addresses
Please make sure that you confirm your address through our website or you will risk delayed shipment on your product.
WE ARE NOT RESPONSIBLE FOR YOUR ORDER GOING TO THE WRONG ADDRESS.
Extra verification will be required for some orders. We Will require identification to prove that the order was in fact made by the card/account owner. We will email or call you to send in the government issued ID needed to fulfilled your order. If it's not received within 48 hours, your order will be canceled and cancelation fee of 3% will be deducted.
Any fraudulent or potentially fraudulent orders will be cancelled immediately and reported to the FBI.
(MISDEMEANOR) – theft over $50
(FELONY)- $500- $3,000
To ensure speedy delivery, we process orders daily, minus holidays and weekends. Therefore, order cannot to be altered or changed once your payment is verified and completed.
Hair So Fab reserves the right at our discretion to make changes to prices, policies or sales at any given time. Please check our policies often for any changes.
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