Terms & Conditions
TRIFECTA BEAUTY BRANDS, LLC.
Terms and Conditions
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A CUSTOMER, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS OF THE FAQs, Safety Guide and Disclaimer, User Posting Guidelines, and Privacy Policy on the website.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRIFECTA BEAUTY BRANDS, LLC. OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.trifectabeauty.com (the “Site“). These Terms are subject to change by TRIFECTA BEAUTY BRANDS, LLC. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email. Acceptance of your order and the formation of the contract of sale between Trifecta Beauty Brands, LLC. and you will not take place unless and until you have received your order confirmation by email. You have the option to cancel your order at any time before your order has been fulfilled by emailing our Customer Service Department [email protected]
- Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. If there was a pricing or typographical error on the website at the time of your purchase, we will honor the published price for one quantity of the item that you attempted to purchase.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates. We are not liable for any delays in shipments caused by third parties.
- Returns and Refunds. Except for any products designated on the Site as non-returnable (such as subscriptions and sales/promo products), we will accept a return of the products for a refund for your purchase of a full-priced (non-promotional offer) product less the original shipping and handling costs, provided such return is made within 30 days. To return products, you must email [email protected] to let us know that you would like a refund and please share with us why you are returning the product. Additionally, in your return include the original order number and tracking number for your original order. We must have all requested information in order to process the refund.
Mail your order to Trifecta Beauty Brands, LLC.
1612 Compton rd.
Cincinnati, OH 45231
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you use a carrier that can provide you with proof of delivery especially for products over $75. We cannot guarantee that we will actually receive your returned item.
Refunds are processed within 7-10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- Damaged Products. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at [email protected].
- Product Information. The Products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.
All material and information presented by TRIFECTA BEAUTY BRANDS, LLC is intended to be used for personal, educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor.
All Products should be used strictly in accordance with their instructions, and the Safety Guidelines on the Website. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for licensed cosmetology advice. The Website is solely an online store for specialty hair products.
- Goods Not for Resale. You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale.
- Disputes. If you have a dispute of any kind regarding your purchase, we want to assist you. Email us at [email protected] with the details of your dispute. If we are unable to reach a resolution, the procedure detailed in Section 15 is available to you.
- Intellectual Property Use and Ownership. TRIFECTA BEAUTY BRANDS, LLC. is and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
- Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, trifectabeauty.com governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of
- Formal Dispute Resolution and Binding Arbitration.
- YOU AND TRIFECTA BEAUTY BRANDS, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Trifecta Beauty Brands, LLC.
- No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us by email at [email protected]. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. Our order confirmation, these Terms, our FAQs, Safety Guide and Disclaimer, User Posting Guidelines, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Safety Guide and Disclaimer
At Trifecta Beauty Brands, LLC we value the health and safety of our customers, so to ensure that you enjoy Trifecta Beauty Brands products to the fullest read our Safety Guide before you use our products.
Safety Guide
Certain ingredients of Trifecta Beauty Brands, LLC {known as “TRIFECTA”) products may contain essential oils, butter, and oils from natural nuts, seeds, and fruits, as well as soy. If you have any allergies, medical conditions or are pregnant, please consult your healthcare professional prior to use. We recommend that people with sensitive skin perform an area/patch test and/or consult a healthcare professional prior to use. Discontinue use of any TRIFECTA products should irritation occur. TRIFECTA products are for external use only. Do not consume these items, as they may contain essential oils, which should never be consumed.
All facts, details & recommendations on this website or about TRIFECTA ™ products are provided for information purposes only and are not intended to diagnose, prescribe or replace the advice of healthcare professionals. By purchasing TRIFECTA™ products you accept responsibility to check with a professional before using any products that may interfere with any prescription or non-prescription medications you may be taking or any known or unknown medical conditions. TRIFECTA™ products are not intended to be a substitute for medical treatment.
Area/Patch Test
This test allows you to test a small area of your skin for 24 hours before applying the treatment to a larger area. We recommend rubbing the TRIFECTA mixture on the skin near your elbow, covering it with a bandage for 24 hours and if there is no allergic response (redness, itchiness, swelling) then apply the treatment as directed in the instructions. If you have an allergic reaction, we do not recommend the use of TRIFECTA and suggest that you seek a medical professional’s consultation.
Consistency Disclaimer
TRIFECTA may periodically add, remove, update or change information on this website at any time or discontinue any TRIFECTA product, without prior notice.
Liability Disclaimer
IN NO EVENT SHALL TRIFECTA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT YOU PAID TO TRIFECTA FOR ANY PRODUCT(S) AT ISSUE, EVEN IF TRIFECTA ™ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, 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 WEBSITE. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST TRIFECTA ™ WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS WEBSITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE AND BROUGHT WITHIN THE STATE OF DELAWARE, WITH DELAWARE CHOICE OF LAW.
Indemnity
By use of this website and purchase of TRIFECTA products you agree to and shall indemnify and hold harmless TRIFECTA, its officers, directors, employees and agents, from and against all claims, debts, liabilities, demands, obligations costs, expenses, actions causes of action and claims for relief including those brought by any third party, including reasonable attorneys’ fees, asserted against or alleged to be caused by your use of this website or any TRIFECTA product.
Privacy Policy
TRIFECTA protects customer information according to the Privacy Statement posted on this Site. The Privacy Statement, as amended from time to time, is hereby incorporated by reference.
BY ORDERING FROM OUR WEBSITE YOU CONFIRM YOU HAVE READ, UNDERSTAND AND AGREE TO TRIFECTA’s TERMS OF USE AND THE TERMS AND CONDITIONS SET FORTH ABOVE.