Terms and Conditions

This website is operated by Element Hair. The terms “we”, “us”, and “our” refer to
Element Hair. The use of our website is subject to the following terms and conditions of
use, as amended from time to time (the “Terms”). The Terms are to be read together by you
with any terms, conditions or disclaimers provided in the pages of our website. Please review
the Terms carefully. The Terms apply to all users of our website, including without limitation,
users who are browsers, customers, merchants, vendors and/or contributors of content. If you
access and use this website, you accept and agree to be bound by and comply with the Terms
and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not
authorized to access our website, use any of our website’s services or place an order on our

2. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized
purpose, including without limitation, in violation of any intellectual property or privacy law. By
agreeing to the Terms, you represent and warrant that you are at least the age of majority in
your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal
offense or violate any law. You agree not to attempt to interfere with our website’s network or
security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address,
mailing address and other contact details in order to complete your order or contact you as
needed. You agree to promptly update your account and information. You authorize us to collect
and use this information to contact you in accordance with our Privacy Policy.

3. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the
right to make any modifications to the website, including terminating, changing, suspending or
discontinuing any aspect of the website at any time, without notice. We may impose additional
rules or limits on the use of our website. You agree to review the Terms regularly and your
continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or
discontinuance of our website or for any service, content, feature or product offered through our

4. Products or Services
All purchases through our website are subject to product availability. We may, in our sole
discretion, limit or cancel the quantities offered on our website or limit the sales of our products
or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices
displayed on our website are quoted in Canadian dollars.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders
that appear to be placed by distributors or resellers. If we believe that you have made a false or
fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the colour or design of the products on our website. We
have made efforts to ensure the colour and design of our products are displayed as accurately
as possible on our website.

5. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not
review, endorse, approve or control, and are not responsible for any sites linked from or to our
website, the content of those sites, the third parties named therein, or their products and
services. Linking to any other site is at your sole risk and we will not be responsible or liable for
any damages in connection with linking. Links to downloadable software sites are for
convenience only and we are not responsible or liable for any difficulties or consequences
associated with downloading the software. Use of any downloaded software is governed by the
terms of the license agreement, if any, which accompanies or is provided with the software.

6. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages,
comments and any other content (collectively, the “Content”) that you post, distribute or share
on or through our website or services available in connection with our website. You further
acknowledge that you have full responsibility for the Content, including but limited to, with
respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific
submission may be edited, adapted, modified, recreated, published, or distributed by us. You
further agree that we are under no obligation to maintain any Content in confidence, to pay
compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected
by copyright, trademark, patent or any other proprietary right without the express consent of the
owner of such proprietary right. You further agree that your Content will not be unlawful, abusive
or obscene nor will it contain any malware or computer virus that could affect our website’s
operations. You will be solely liable for any Content that you make and its accuracy. We have
no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete
any Content that we deem objectionable. You consent to such removal and/or deletion and
waive any claim against us for the removal and/or deletion of your Content.

7. Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal

8. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be
complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to
change or update information at any time, without prior notice (including after an order has been
submitted). Such errors, inaccuracies or omissions may relate to product description, pricing,
promotion and availability and we reserve the right to cancel or refuse any order placed based
on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required
by law.

9. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided
“as is” without warranties, representations or conditions of any kind, either express or implied,
with regard to information accessed from or via our website, including without limitation, all
content and materials, and functions and services provided on our website, all of which are
provided without warranty of any kind, including but not limited to warranties concerning the
availability, accuracy, completeness or usefulness of content or information, uninterrupted
access, and any warranties of title, non-infringement, merchantability or fitness for a particular
purpose. We do not warrant that our website or its functioning or the content and material of the
services made available thereby will be timely, secure, uninterrupted or error-free, that defects
will be corrected, or that our websites or the servers that make our website available are free of
viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs
associated with your use of our website. We will not be liable for any damages of any kind
related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of
our or their respective directors, officers, agents, contractors, suppliers or employees be liable
to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages,
losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type
of damage, whether based in contract or tort (including negligence), strict liability or otherwise,
arising from your use of, or the inability to use, or the performance of, our website or the content
or material or functionality through our website, even if we are advised of the possibility of such

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain
damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations,
may not apply to you and our liability will be limited to the maximum extent permitted by law.

10. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and
their respective directors, officers, agents, contractors, and employees against any losses,
liabilities, claims, expenses (including legal fees) in any way arising from, related to or in
connection with your use of our website, your violation of the Terms, or the posting or
transmission of any materials on or through the website by you, including but not limited to, any
third party claim that any information or materials provided by you infringe upon any third party
proprietary rights.

11. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement
between you and us in relation to the subject matter of the Terms and supersede any prior
agreement, understanding or arrangement between you and us, whether oral or in writing. Both
you and we acknowledge that, in entering into these Terms, neither you nor we have relied on
any representation, undertaking or promise given by the other or implied from anything said or
written between you and us prior to such Terms, except as expressly stated in the Terms.

12. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver
of such right or provision. A waiver by us of any default will not constitute a waiver of any
subsequent default. No waiver by us is effective unless it is communicated to you in writing.

13. Headings
Any headings and titles herein are for convenience only.

14. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid,
unlawful or unenforceable, such provision will to that extent be severed from the remaining
Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

15. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or
our products or services offered on our website will be resolved in accordance with the laws of
the Province of Ontario without regard to its conflict of law rules. Any disputes,
actions or proceedings relating to the Terms or your access to or use of our website must be
brought before the courts of the Province of Ontario in the City of Waterloo,
Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such

16. Questions or Concerns
Please send all questions, comments and feedback to us at customercare (at) elementhair.com

Refund Policy
We accept returns. You can return unopened items in the original packaging within 15 days of
your purchase with receipt or proof of purchase. If 15 days or more have passed since your
purchase, we cannot offer you a refund or an exchange.
Upon receipt of the returned item, we will fully examine it and notify you via email, within a
reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we
will refund your purchase price and a credit will automatically be applied to your original method
of payment.
Only regular priced items may be refunded. Sale items are non-refundable.
To follow-up on the status of your return, please contact us at customercare@elementhair.com

To return the item you purchased, please mail it to:
Element Hair 350-1 The Boardwalk Waterloo ON N2T 0A6
Refunds do not include any shipping and handling charges shown on the packaging slip or
invoice. Shipping charges for all returns must be prepaid and insured by you. You are
responsible for any loss or damage to hardware during shipment. We do not guarantee that we
will receive your returned item. Shipping and handling charges are not refundable. Any amounts
refunded will not include the cost of shipping.

Delivery Policy
All orders are subject to product availability. If an item is not in stock at the time you place your
order, we will notify you and refund you the total amount of your order, using the original method
of payment.

An estimated delivery time will be provided to you once your order is placed. Delivery times are
estimates and commence from the date of shipping, rather than the date of order. Delivery times
are to be used as a guide only and are subject to the acceptance and approval of your order.
Unless there are exceptional circumstances, we make every effort to fulfill your order within 15
business days of the date of your order. Business day mean Monday to Friday, except holidays.
Please note we do not ship on [Sundays].
Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery,
and the items ordered. Products may also be delivered in separate shipments.

Shipping Costs
Shipping costs are based on the weight of your order and the delivery method in accordance with Canada Post current rates. To find out how
much your order will cost, simple add the items you would like to purchase to your cart, and
proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed.
Additional shipping charges may apply to remote areas or for large or heavy items. You will be
advised of any charges on the checkout page.
Sales tax is charged according to the province or territory to which the item is shipped.

Damaged Items in Transport
If there is any damage to the packaging on delivery, contact us immediately at customercare (at) elementhair.com

If you have any questions about the delivery and shipment or your order, please contact us at: customercare (at) elementhair.com