Terms of Service
OVERVIEW
This website is operated by KM HAIR DESIGNS. Throughout the site, the terms “we”, “us” and “our” refer to KM HAIR DESIGNS. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. KM HAIR DESIGNS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The term “Service” is defined as hair consults, color, haircuts, hair styling, hair extensions, waxing, lash and nail services. The website may also sell digital and physical products.
KM HAIR DESIGNS reserves the right to update, modify or change any terms and/or policies when we deem necessary. It is your responsibility to periodically review this page to stay updated on any changes.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to KM HAIR DESIGNS will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
SATISFACTION GUARANTEE
If you are not 100% satisfied with your service, please communicate it to us within 7 days and we will be happy to discuss the options we offer to rectify the service. Note: Hair Color services can not be 100% guaranteed without the use of professionally recommended hair products sold by KM HAIR DESIGNS.
If you are not 100% satisfied with your product purchase, you may exchange the product if more than 80% off the product content still remains. This does not apply to the purchase of any clearance items. Clearance item sale are all FINAL.
FEES
Effective July 2022, all color services rendered are subject to a product recovery fee. This fee is to offset the inflation of product charges and to keep service cost increases minimal. There is a limit of one product recovery fee per person, per day of service.
Rebooking fees are equal to 50% of the service total booked. You may be subject to a rebooking fee for repeated cancellations, late arrivals or no-shows (not arriving for a scheduled appointment). Please refer to our Cancellation and Late Policy for further details.
APPOINTMENT ALTERATIONS
Appointment alterations requested by the client requiring more time will be accommodated if the stylist’s availability allows. Requests for an upgraded appointment may be denied due to scheduling and timing at the discretion of the stylist and management. We kindly ask that you call at least 24 hours in advance to request an upgraded service.
Alterations requested by the client that downgrade originally booked services must be communicated at least 24 hours in advance if timing of the appointment is reduced. If services are reduced less than 24 hours in advance, resulting in a reduction of appointment timing by an hour or more, you may be charged a rebooking fee for the services originally booked. If you would like to downgrade your appointment and it does NOT affect the timing by an hour or more, (ex. changing a Color + Cut to a Color with no cut), you can do so at any point leading up to the appointment.
Because all of our stylists work on commission style appointments, it is important that your appointment is booked and fulfilled as accurately as possible. This maximizes our stylist's time, schedule and client waitlist. We must implement these policies to ensure the sustainability of our business operations as well as stability for our stylists.
You can cancel, reschedule, or alter an appointment by emailing us at kmhairdesigns@yahoo.com, through our online booking site www.vagaro.com/kmhairdesigns or by calling our front desk at 239-985-9962.
ORDER CONFIRMATION
We will email you to confirm the placement of your online retail order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service or Retail item as accurately as possible. While we try to be as clear as possible in explaining the Service the Retail item, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
LIMITATION OF LIABILITY
You AGREE That UNDER NO CIRCUMSTANCES shall we be liable for direct, indirect, incidental, consquencial, special, punitive, exemplary, or any other damages arising out of your use of this SITE or SERVICES. Additionally, KM HAIR DESIGNS is NOT LIABLE for damage in connection with (I) any failure of performance, error, omission, detail or service, attack, interruption, deletion, defect, delay of operation or transmission, computer virus or line of system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of essential purpose and whether such liability arise in negligence, contact, tort, or any other theory of legal liability. The foregoing applies even if KM HAIR DESIGNS has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion of limitation of liability for the damages, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. In no event shall KM HAIR DESIGNS’s cumulative liability to you exceed the total purchase price of the service/product you have purchased from KM HAIR DESIGNS, and if no purchase has been made by you, KM HAIR DESIGNS CUMULATIVE LIABILITY to you SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with KM HAIR DESIGNS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and KM HAIR DESIGNS pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by KM HAIR DESIGNS shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by KM HAIR DESIGNS.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: kmhairdesigns@yahoo.com.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by the laws of the State of FLORIDA as applied to contracts that are executed and performed entirely in FLORIDA. The exclusive venue for any arbitration or court proceedings based on or arising out of this Agreement shall be LEE COUNTY, FLORIDA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The LEE COUNTY COUR MEDIATION DIVISION or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: June 2023