Marco Pelusi Hair Studio Subscription Program Terms

Marco Pelusi  Hair Studio Subscription Program Terms 

These terms and conditions ("Terms") govern our Marco Pelusi product subscription ordering program (the “Program”). These Terms are between you and Marco Pelusi Hair Studio, Inc. ("Marco Pelusi", "we" or "us"), and govern your and our respective rights and obligations. Please note that your use of the marcopelusi.com website (the “Website”) and this Program is also governed by our Privacy Policy, as well as all other applicable terms and policies on the Website along with any applicable terms related to the Program imposed by our service provider, Shopify, Inc. all as may be changed by us or them over time and all of which are hereby incorporated into these Terms. The Terms constitute the entire agreement between you and us relating to the Program.By placing an order through the Program, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully. 

The Program benefits discussed on the Website, and in any Program promotional offers which may be advertised from time to time, are also part of these Terms. Marco Pelusi reserves the right to change the Program, including any subscription terms, promos, discounts, the structure, any other terms or any Program functionality, at any time in its sole discretion. All changes will apply to future orders under all subscriptions. 

Some of the offer details under the Program may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges, and the products available in the Program). If the item is unavailable when we plan to ship it, you authorize us to update your subscription or fulfill your order with a similar item that we believe will meet your expectations. 

Your Program subscription will automatically create a new order according to our delivery schedule (or if you are provided an option, your chosen delivery schedule), until you cancel. 

We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. 

By signing up for the Program, you consent to receive promotional and personalized marketing emails from us at the e-mail used when signing up. Consent is not a condition of any purchase. You may opt out of email marketing at any time, by using the "unsubscribe" link provided at the bottom of each email, however we may still email you transactional information and Program information related to your membership.   

Eligibility 

The Program is only available to U.S. customers aged 18 or older shipping to addresses in the United States. Your participation in the Program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. 

Program benefits are limited to items sold on the Website. Any limited time special subscription promotions in effect apply only to eligible items displaying the offer details, and then only if you order the eligible products as part of a Subscription delivery. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates. 

All Product returns are subject to the Website Refunds policy.  Subscriptions are void where prohibited. 

Payment; Cancellation by You 

The total cost charged to your payment method for each Subscription order will be the cost of the item on the day that order is processed less any applicable promos or discounts, plus any applicable sales tax & shipping.  

The charge for each Subscription shipment will be billed to the payment method used to create your subscription or as otherwise updated by you in your account preferences. If we are unable to complete your order with the preferred payment method on file, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your subscription order. 

Your subscription will remain in effect until it is cancelled. You can cancel at any time my logging in to your account profile on the Website and updating your preferences in the Subscriptions section. If you cancel your subscription and then reactivate it, the prices and any eligible discounts available to your new subscription item may not be the same price or any eligible discounts in effect at the time of cancellation; the new price and any eligible discount will be applied to your future shipments of that item. 

Please understand that Products sold on the Website are not intended for commercial resale or export; engaging or being suspected of engaging in such activities without our prior written consent will be deemed a breach of contract entitling us to immediately terminate your subscription and seek immediate injunctive relief in addition to all other rights and remedies available to us. If you are are a retailer, please contact us to learn more about any authorized reseller opportunities we may have available. 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY MARCO PELUSI HAIR STUDIO, INC. PARTIES (INCLUDING WITHOUT LIMITATION, MR. MARCO PELUSI, AS AN INDIVIDUAL, AND ALL  OWNERS, OPERATORS, LESSEES, EMPLOYEES, SERVICE PROVIDERS (INCLUDING WITHOUT LIMITATION, SHOPIFY, INC. AND ITS PARTIES AND AFFILIATES) VENDORS OR OTHER RELATED OR AFFILIATED PARTIES OF MARCO PELUSI HAIR STUDIOS, INC.)  BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive (except in New Jersey as to the availability of punitive damages under the New Jersey fraud act), incidental, or consequential losses or damages that are directly or indirectly related to: 

1. the Program and any Products or services offered under the Program; 
2. your use of or inability to use the Program, or the performance of the Program; 
3. any action taken in connection with an investigation by us or law enforcement authorities regarding your access to or use of the Program; 
4. any errors or omissions in the Website or Program’s technical operation; or 
5. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. 

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if MARCO PELUSI Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website, Program or Products). 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.  

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY MARCO PELUSI HAIR STUDIO, INC. PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, THE PROGRAM OR ANY PRODUCTS OFFERED UNDER THE PROGRAM AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. 

Consumer Rights And Notices 

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov. 

Agreement Changes 

We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the Website), without notice to you; and Shopify, Inc, may change the terms of their payment acceptance programs without notice to you related to this Program. If any change to any of our Terms or the Shopify terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.