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Terms of Service

 

Terms of Service


K18, Inc. operates this website (the “website”) and is hereinafter referred to as “we”, “us” or “K18”. The terms “you” or “your” refer to the individual or legal entity, as applicable, who accesses this website, creates an account, signs up for a promotion, or otherwise is a consumer of any K18 products. PLEASE READ THESE TERMS OF SERVICE (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE (INCLUDING YOUR PURCHASE OF PRODUCTS ON OR THROUGH THIS WEBSITE) CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

1. Products, Content and Specifications. All features, content, specifications, products and prices of products described or depicted on this website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your device and we cannot guarantee that your device will accurately display colors accurately. The inclusion of any products in this website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

2. Eligibility to Order/Purchase. To place an order on this website you must: (i) be 18 years of age or older, and (ii) be a consumer, not a reseller or (ii) be a stylist professional registered through our pro-registration page and subject to the use and reseller restrictions as set forth therein.

3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by you if that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

4. Accuracy of Information. We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date. We make no representation that any information contained on the website is complete, accurate, or current. For example, products included on the website may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

5. Use of this website. The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, K18, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your device. You agree to accept responsibility for all activities that occur under your account or password.

6. Transactions. If you wish to purchase any product(s) made available through the website (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to K18 the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

  • We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and cancellation charges. You remain responsible for any taxes and fees issued by your credit card carrier that may be applicable to your Transactions.

7. Messaging Terms. K18 offers communications by calls, mail, email, text messages, and other similar technology, such as alerts, marketing messages, notices of sales and/or events, shipping confirmations, and product releases (the “Messaging Service”). By participating in the Service, you are agreeing to these Terms and Conditions.

Signing Up and Opting-In to the Service
Enrollment in the Messaging Service requires you to provide your mobile phone number and to agree to these Terms and Conditions. You may not enroll if you are under 18 years old. Before the Messaging Service will start, you will need to agree to these Terms and Conditions. K18 Hair reserves the right to stop offering the Messaging Service at any time with or without notice.

By opting into the Messaging Service, you:

• Authorize K18 to send you marketing communications by mail, email, phone calls, and text messages (collectively, “Messages”). In particular, and without limitation, by providing your consent, you authorize K18 to place (or allow our service providers to place) Messages to the phone number you provided using an automatic telephone dialing system or automated system for the selection of telephone numbers.

  • Acknowledge that you do not have to agree to receive Messages as a condition of purchase.
  • Confirm that you are the subscriber to the relevant phone number you provided or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  • Consent to the use of an electronic record to document your opt-in and consent to receive K18’s Message disclosures electronically. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email hello@k18hair.com or call 844-564-0382. To view and retain an electronic copy of these Terms and Conditions or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive
Message frequency of the Messaging Service may vary depending on use. You may receive recurring and other alerts, such as, among other things:

  • Sales, promotions, new product releases
  • Cart reminders
  • Shipping updates
  • Marketing messages
  • Event reminders, event registration, event confirmation and event updates (for Professional stylists)

Cookies and Cart Reminders
K18 may use cookies and similar technologies to collect information about abandoned shopping bags. A bag is considered abandoned after 35 minutes of inactivity/lack of purchase. Once the timer has expired, an SMS or email message may be sent as a reminder.


For more information about how K18 collects, uses, and shares personal information, including K18’s use of cookies and similar technologies, please visit the K18 Privacy Policy.


Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Messaging Service.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Messaging Service may not be available on all wireless carriers. K18 may add or remove any wireless carrier from the Messaging Service at any time without notice. K18 and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service
To stop receiving text messages from K18, text the word STOP to 69791 any time or reply STOP to any of the text messages you have received from K18. You may also opt out by emailing hello@k18hair.com or calling us at 844-564-0382. For Messaging Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that K18 and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from K18 through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Messaging Service.

Questions
You can text HELP for help at any time to 69791. You can also contact K18 at hello@k18hair.com or call 844-564-0382 for further assistance.

8. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of ours and our affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third-party owner.

9. Linking to this website. Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rules and regulations.

10. Third Party Links. From time to time, this website may contain links to websites, including but not limited to authorized resellers/partners in jurisdictions outside of the United States. These websites are not owned, operated, or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on, or accessible from, any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

11. Inappropriate or Unauthorized Material. You are prohibited from posting, submitting, or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, or any material involving third parties who have not given you express written permission to post, submit or transmit such material. In addition to any remedies that we may have at law or in equity, including a right of indemnity pursuant to Section 12 below, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting, submitting or transmitting such materials.

12. User Contributions. Any content, videos, images, material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit, make available, contribute, or post to this website in any manner or submit or contribute in conjunction with any sweepstakes, offer, contest, campaign, or promotion (“User Contributions”) is and will be considered non-confidential and non-proprietary. All User Contributions must comply with these Terms and Conditions. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective partners, licensees, successors, and assigns a perpetual, worldwide, royalty-free, fully paid up, and freely sublicensable license to use, reproduce, modify, perform, display, distribute, transmit, publish, broadcast, develop, manufacture, and otherwise disclose to third parties any such material for any purpose, including without limitation in and on magazines, brochures, billboards, and other print or electronic publications, and all other commercial or non-commercial purposes. You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective partners, licensees, successors, and assigns.
  • If the User Contributions include images of any individual, you have obtained a written, valid, and legally binding waiver and release from such individual sufficient to grant K18 the rights listed above, where applicable.
  • The User Contributions do not include content, images, or information of or from anyone under the age of 18.
  • All of your User Contributions do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any User Contributions you transmit, make available, post, submit or contribute, and you, not K18, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions transmitted, made available, posted, submitted or contributed by you or any other user of the website, and you agree to indemnify and hold K18, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and sublicensees harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your User Contributions, (b) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property, or privacy rights, or (c) any claim by a third party against K18 regarding the content or User Contributions, or K18’s use thereof, provided by you.


We may, but are not obligated to, monitor, or review any User Contributions. We shall have no obligation to use, return, review, or respond to any User Contributions. We will have no liability related to the content or use of any such User Contributions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Contributions that include any material we deem inappropriate or unacceptable.


You acknowledge and agree that you have no right to review or approve the User Contributions, including any written copy or other materials that may be used in connection therewith, before they are used by K18 or a third party or at any other time, and that K18 has no liability to you for any editing or alteration of the User Contributions, or for any distortion or other effects that may occur or be produced in connection with the taking of such User Contribution’s or K18’s processing, editing, alteration, transmission, display, publication, or other use of the User Contributions. Acknowledgment or credit of or to you in connection with the User Contributions, if any, shall be determined by K18 in K18’s sole discretion.

13. Return Policy. K18’s return and refund policy is accessible here and is incorporated into these Terms and Conditions in its entirety.

14. Subscribe and Save. K18’s Subscribe and Save agreement is accessible here and is incorporated into these Terms and Conditions in its entirety.

15. DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE (INCLUDING PURCHASE OF PRODUCTS ON OR THROUGH THIS WEBSITE) IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE WEBSITE OR ANY TRANSACTION THAT MAY BE CONDUCTED ON, OR THROUGH, THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

16. Jurisdictional Issues. This website is controlled and operated by K18 from the United States and is not intended to subject K18 to the laws or jurisdiction of any state, country, or territory other than that of the United States. K18 does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

17. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.

18. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

19. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to hello@k18hair.com. You may also contact us by writing to Customer Service, K18, Inc., 621 Sansome Street, San Francisco, California 94111, or by calling us at 844-564-0382. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Arbitration. BY USING THIS WEBSITE IN ANY WAY, YOU ARE EXPRESSLY AGREEING TO WAIVE YOUR RIGHT TO A JURY TRIAL. In addition, by using this website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of K18 and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held exclusively in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the Terms and Conditions of this website and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any K18 entity exceeds $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, K18 agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.

21. Termination. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

22. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact K18 Customer Service at 844-564-0384.

Last updated September 19, 2023

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