eSalon.com, LLC, a Delaware Limited Liability Company, its successors and assigns ("eSalon") operates this website at eSalon.com, eSalon.ca, eSalon.co.uk, eSalon.eu.com, eSalon.de, eSalon.es, eSalon.fr, eSalon.at, eSalon.ch, eSalon.co.nz, eSalon.com.au, eSalon.co.nl, Colorsmith.co, Colorsmith.at, Colorsmith.ch, Colorsmithco.ca, Colorsmithco.it, Colorsmith.co.nz, Colorsmith.de, Colorsmith.eu, Colorsmith.ie, Colorsmith.uk, Colorsmith.co.uk, Colorsmith.com.au, Colorsmith.es, Colorsmith.fr, Colorsmith.nl, AuraHairCare.com, AuraHairCare.at, AuraHairCare.co.uk, AuraHairCare.es, AuraHairCare.fr, AuraHairCare.de, AuraHairCare.eu, AuraHairCare.it, AuraHairCare.ca, AuraHairCare.com.au, AuraHairCare.co.nl, AuraHairCare.ie, AuraHairCare.uk, AuraHairCare.co, HairColorForWomen.com, ShadeAndTone.com, CouleursGlamour.com, CouleursGlamour.fr, DIYhaircolors.com, EverydayMensHair.com, Farbeundton.de, GlamourHair.de, Macouleur.fr, Micolordecabello.com, MorePepperLessSalt.com, Mujeresglam.com, SubtleTones.co, TheHairSource.com, Todosobrecabello.com, VibeAndShine.co, or any successor website (collectively, the "Site"). You may only use the Site if you agree with these Terms of Use (eSalon.com/terms) and with the Privacy Policy (eSalon.com/privacy). If you do not agree, please do not use the Site.
Right and License to Use
eSalon grants you the limited, non-exclusive right and license to make personal use of the Site and to buy products and services from eSalon. This license does NOT include any right to resale or commercial use of the Site or its contents; any right to collect and/or use any product listings, descriptions, or prices; any right to use the look and feel of the Site, to copy the Site or to make derivative works from the Site or its contents; any right to download or copy account information for the benefit of another business or person; or any right to use data mining, robots, or similar data gathering and extraction tools. You may not use any metatags or other hidden text utilizing eSalon's name or trademarks without eSalon's express written consent. eSalon reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Any other type of commercial use is prohibited. If you are under 18, you may use the Site only with the direct involvement of your parent or guardian. This Site is not intended for use by anyone under 13 at any time.
Ownership
eSalon's name, logo, the contents and materials on the Site, software, designs, graphical elements and data are, unless otherwise indicated, the property of eSalon or its licensors, and are protected by United States and international trademark, copyright and other intellectual property laws. None of the foregoing may be reproduced, duplicated, copied, appropriated, sold, resold, or used for commercial purposes unrelated to eSalon without the prior written consent of eSalon. Any unauthorized use of eSalon's intellectual property would result in the termination of the license and rights hereby granted and may result in civil and/or criminal prosecution.
Links/Frames
eSalon grants you the nonexclusive, revocable right to post text hyperlinks on your website to any section of the Site as long as the link does not portray eSalon, its officers, employees, affiliates and/or partners in a false, misleading, derogatory, defamatory or otherwise offensive or damaging manner. You agree that you will remove any such link at eSalon's written (including emailed) instruction. The right to post links to the Site does not imply the right to use eSalon's logo or other trademarks unless eSalon consents in writing. In addition, you may not frame or use framing to enclose any trademark, logo or other proprietary information of eSalon without eSalon's express written consent.
User Accounts
A client who wishes to purchase products or services from the Site needs to create an account. In order to establish an account, you must provide an email and password combination as well as your first and last name. You will have the ability to change this information after you create your account. Thereafter, you only will have to enter your email address and password to access your account. Should you lose or forget your password, our system will—at your request—send you an email to reset it. In the event you cannot remember which email address you used, please call eSalon at a number listed below. You may also create an account or login using Facebook.
You also will need a user account in order to post any User Content, such as product reviews, to the Site. You will be asked to choose a "display name" that will be shown on the Site accompanying your User Content, which need not be your actual name. We recommend that you use a "display name" for privacy purposes.
It is important that you keep all of your account information, including without limitation your billing, shipping, and hair color profile/preferences, updated and current. On the Site, you will be able to manage your account information directly.
Prices
eSalon reserves the right to modify its pricing at any time, by posting new prices on the Site. In addition, if you are enrolled an AutoShip Plan, new pricing will only affect deliveries made a minimum of ten (10) days after any price change.
For sales where the total amount is greater than €150 the customer will be the importer of record where the goods originate from the UK or US and additional import VAT and customs duty may apply.
Phone Numbers
🇺🇸 USA (English): (844) 973-3910
Autoship Plan and Promotional Discount
One of the easiest ways to purchase eSalon products is to opt-in to eSalon's AutoShip Plan. The AutoShip Plan automatically sends your next order, which includes all items that you have chosen to include in your AutoShip Plan, on the delivery frequency of your choice. Only one AutoShip Plan cycle per customer can be selected at a time. By opting into the AutoShip Plan, a customer will receive a discount on the purchase price of all AutoShip-designated items included in the AutoShip order; items added to the order that are not part of the AutoShip Plan will not receive an AutoShip Plan discount.
Each time eSalon ships a product to you, eSalon will charge the credit card saved in your account for the cost of the product(s) plus any applicable taxes and shipping charges (in fact, this is done by our payment processor, not by eSalon itself which does not use or store your credit card information). If you are located in the EU region, your payment is managed by our UK company, eSalon.com Ltd, as our payment processor. As an eSalon customer, you have the flexibility to make adjustments to your hair color and AutoShip order online, including any or all of the following: adjusting your hair color formula, consulting with a licensed hair colorist for color selections, adding or removing items in your AutoShip selection, changing the quantity of any items selected, rescheduling your order for a future date and/or skipping an upcoming order. You just need to let us know at least 24 hours before we prepare your upcoming hair color product for delivery. Customers are sent a notification for each upcoming order five days prior to order shipment. Once your account has been set up and your first order shipped, you may turn off AutoShip or make adjustments to your Plan at any time by logging-in to your account and choosing the delivery settings option, or by calling a toll-free eSalon telephone number set forth above. Your cancellation will not affect your obligation with respect to any product that already has been prepared for upcoming delivery to you. You also may restart the AutoShip Plan at any time at aurahaircare.eu/my_account.
From time to time eSalon may offer promotions to people who want to become eSalon clients. These promotions may be specific to new or prospective clients and not available to existing or previous clients, and may be limited to one per household, one per unique user account, one per credit card, one per address, or one per email address. eSalon reserves the right to determine if a promotion meant for a new client is applicable to you.
You also benefit from our 100% Satisfaction Guarantee (see below).
AFTER YOU TERMINATE YOUR PARTICIPATION IN THE AUTOSHIP PLAN WE WILL NOT PREPARE ANY MORE PRODUCTS FOR YOU AND YOUR CREDIT CARD WILL NOT BE CHARGED (provided that you terminate before we have prepared your next shipment).
Acknowledgment
To the maximum extent permitted under applicable law, this Section is your written Acknowledgment setting forth information that you should retain (by printing out these Terms of Use) so that you understand certain important information and your rights under our AutoShip Plan set forth above, which is an automatic renewal program ("Service").
By posting any text, graphics, voice and/or audio files, photographs, illustrations, or videos to the Site, including without limitation any user reviews, photos, textual or video testimonials or comments (collectively, "User Content") you grant eSalon a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right (through multiple tiers) to use, reproduce, modify, adapt, publish, transfer, assign, translate, create derivate works from, distribute, and display such User Content on a worldwide basis in any media. You represent and warrant to eSalon that you own all rights to the User Content you submit or post to the Site or that you have obtained appropriate license rights from the owner in order to grant eSalon the license set forth in the preceding sentence, and that the User Content is accurate, not misleading, does not include profanity, will not cause harm to eSalon or to any other person or entity, does not and will not infringe the rights of any person or entity, and is not defamatory. You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless eSalon, its licensors and its partners against any third-party claims resulting from User Content you provide. eSalon as an online service provider under applicable law has the right but not the obligation to monitor or edit any User Content. eSalon takes no responsibility and assumes no liability for any User Content you post or submit to the Site.
Product Descriptions
eSalon attempts to describe its products as accurately as possible. However, eSalon does not represent or warrant that the product descriptions or related content on the Site are accurate, complete or up to date. Your remedy in the event that eSalon's description is inaccurate is to return the product in accordance with the return policies described under "Satisfaction Guaranteed" below.
Copyright Complaints
If you have reason to believe that there is any User Content or other material, content or work product on the Site that infringes intellectual property that you own or control, please let us know in writing by following the procedures set forth below (which track the notification and takedown requirements of the Digital Millennium Copyright Act (DMCA) in the United States). Your notification to eSalon must include all of the following components:
Please send your notification to the eSalon's Copyright Agent (or email it) as follows:
Copyright Agent
Legal Department
eSalon.com, LLC
1910 E. Maple Ave
El Segundo, CA 90245
email notification: [email protected]
Modifications to the Terms of Use
eSalon may modify its Terms of Use, its Privacy Policy or any other company policy at any time in its sole discretion. Unless noted otherwise in a specific policy, modifications to the Terms of Use, Privacy Policy or any other company policy shall become effective when posted to the Site. It is your responsibility to monitor these Terms of Use, and your continued use of the Site implies your acceptance of any these Terms of Use and other policies as modified. In the event you do not agree with the terms of any such modified policies, you should stop using the Site.
Product Warranties
HAIR COLOR AND HAIR CARE PRODUCT DIFFERENCES ARE LIKELY TO OCCUR FOR MULTIPLE REASONS, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF YOUR RESPONSES TO ESALON'S QUESTIONS AND/OR PROMPTS, THE SPECIFIC COLOR SETTINGS ON YOUR MONITOR, THE MANNER IN WHICH YOU TREAT THE PRODUCTS AND THE CARE WITH WHICH YOU FOLLOW THE INSTRUCTIONS AND CAUTIONS THEREON, AND YOUR PARTICULAR HAIR COLOR AND HAIR CARE PRODUCT APPLICATION TECHNIQUE. ESALON DOES NOT REPRESENT OR WARRANT THAT YOUR HAIR COLOR AND HAIR CARE RESULTS WILL BE IDENTICAL TO THAT OF THE PHOTOS OR IMAGES DISPLAYED ON THE SITE. ESALON DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING DELIVERY TIMES.
Safety Precautions/Warnings
ESALON PRODUCTS MAY CONTAIN INGREDIENTS WHICH CAN CAUSE ALLERGIC REACTIONS, AND IN RARE CASES SUCH REACTIONS CAN BE SEVERE. YOU AGREE TO FOLLOW ALL SAFETY PRECAUTIONS, WARNINGS AND INSTRUCTIONS SET FORTH ON THE PRODUCT PACKAGING AND IN THE COLORING GUIDE AND PERSONALIZED INSTRUCTIONS. TO VIEW THE LIST OF INGREDIENTS USED IN ESALON PRODUCTS AND THE REFERENCED PRECAUTIONS AND WARNINGS, PLEASE VISIT aurahaircare.eu/safetyprecautions.
Site Warranties
THE SITE AND THE CONTENT AND MATERIALS CONTAINED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL SITE CONTENT, IS AT YOUR SOLE RISK. ESALON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MATERIALS AND CONTENT ON THE SITE. ESALON DOES NOT REPRESENT OR WARRANT THAT MATERIALS AND CONTENT ON THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
ESALON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), INCLUDING USER CONTENT OR CONTENT POSTED BY THIRD PARTIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD ENSURE THAT YOUR COMPUTERS ARE PROTECTED BY RECOGNIZED ANTIVIRUS SOFTWARE.
Limited Liability
IN NO EVENT SHALL ESALON BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING ESALON PRODUCTS. IN THE EVENT THAT ESALON IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF: (A) ANY AMOUNTS YOU HAVE PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (THAT RESULTED IN LIABILITY) HAVING ARISEN, OR (B) $100 (ONE HUNDRED US DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY (SUCH AS NEW JERSEY), SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ESALON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE "PROVIDER") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY WRONGFUL OR UNLAWFUL ACTIVITY RELATED TO YOUR INTERNET ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.
Applicable Law; Arbitration
The Site's Terms of Use, Privacy Policy, any other eSalon policy, and any transactions shall be governed and construed in accordance with the laws applicable in the State of California.
You agree that any dispute, claim or controversy arising out of or relating to this Site or the Terms of Use or Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by arbitration in Los Angeles, California before a single arbitrator(s) with expertise in ecommerce. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. To the maximum extent permitted by applicable law, this Section constitutes an Agreement to Arbitrate and the parties expressly waive any right to file a lawsuit in federal or state court except as indicated in the remainder of this Section, you waive your right to initiate or participate in any class action litigation (or arbitration) under these Terms of Use or eSalon's Privacy Policy, and you waive your right to a jury trial. Judgment on the Arbitral Award may be entered in any court having jurisdiction, including outside the State of California. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party in proportion to the parties' relative success on the merits (including the successful assertion of any defenses). The arbitrator shall determine the "prevailing party" and the allocation of fees and costs for this purpose.
Satisfaction Guaranteed
If you are not completely satisfied with your eSalon products, at your choice, we will either send you a new hair color formulation (or replacement hair care product) or issue a refund for your purchased items. To request a new reformulation (or replacement hair care product) or to request a refund, please contact us within 30 days from the date of your purchase. Shipping costs are not refundable. eSalon reserves the right to limit refunds or reformulations (including product replacements) to one per client per product.
Returns
eSalon will issue a refund only for unused products returned within 30 days of the purchase date. Refunds are processed within 10 business days once eSalon has received the merchandise back. Shipping and handling fees are not refundable and eSalon reserves the right to limit refunds to one per client per product.