TERMS OF USE

eSalon.com, LLC, a Delaware Limited Liability Company, its successors and assigns ("eSalon") operates this website at the www.eSalon.com, www.esalon.ca, www.esalon.co.uk , www.esalon.eu.com, 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 create your own login password. You will have the ability to change your login password. Thereafter, you will only have to enter your email address associated with your account along with your login password to access your account. Should you lose or forget your login password, our system will automatically send it to your email address. In the event you cannot remember which email address you used, please call eSalon by Country:

Toll Free Phone Numbers
US: (866) 550-2424.
Canada: (855)-980-5828
United Kingdom: 0800 808 5400
Local Phone Number
EU Countries: 44-20-3095-2982

If you intend to post any User Content to the Site, then you also will have to create an account if you don't have one already. You also will need to choose the "display name" that will be shown on the Site accompanying your User Content, which need not be your actual name, and 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.

Subscription Services for Client Purchases

(l) Made For You Hair Color Plan

One of the easiest ways to make purchases on the Site is to join the Made for You Hair Color Plan, our well established subscription service/plan, in which eSalon automatically sends your next order of eSalon products on the delivery frequency of your choice. Each time eSalon ships a product to you, eSalon will charge the credit card saved in your account for the cost of the hair product(s), any applicable taxes and shipping charges. As a user of the Made for You Hair Color Plan, you still have the flexibility to make adjustments to your hair color formula online; you just need to let us know before we prepare your upcoming hair color product for delivery. Once your account has been set up and your first order shipped, you may turn off the Made for You Hair Color Plan at any time by logging in to your account and choosing the delivery settings option, or by calling eSalon's toll-free telephone numbers 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 your Made for You Hair Color Plan at any time on our Site.

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 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.

Some promotions are only available to clients who are participating in eSalon's Made for You Hair Color Plan or The Match-Up Service (below).

You also benefit from our 100% Satisfaction Guarantee (see below).

AFTER YOU TERMINATE THE MADE FOR YOU HAIR COLOR 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).

(ll) The Match-Up Service

Another easy and flexible way to make purchases on the Site at the most favorable pricing is to join The Match-Up Service, a subscription service in which eSalon will send you a minimum of three (3) products every month for the fixed price indicated on the Site. You may select up to five (5) products for monthly delivery (the pricing will be adjusted upward should you choose more than three (3) products) that you desire. You select your desired delivery date and you pay as you go, based on the payment method indicated in your account. You have the right to skip any month, cancel the Service at any time, adjust your delivery date, and you also benefit from our 100% Satisfaction Guarantee (see below). You cannot adjust order frequency however, as this program is offered on a monthly, subscription-only basis. If you are an active subscriber to the Service but fail to indicate in a given month which products you want, we choose three (3) or more products for you based on your answers to our hair care questionnaire that you filled out when you first subscribed to the Service.

Acknowledgment

To the maximum extent permitted under applicable law, this Section is our 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 two Subscription Services set forth above, which are both automatic renewal programs (“Services”).

  1. Offer Terms: In connection with both Subscription Services listed above, you keep a credit (or debit) card active in your account, and this card is automatically charged each time products ordered by you are shipped to you. This will continue indefinitely until you cancel the particular Service, as indicated below. The amount charged to your card each time may change under both Services, depending on the price and/or number of product(s)you have selected.
  2. Affirmative Consent: Your participation in our Services constitutes your affirmative consent to participate in these automatic renewal/continuous service programs.
  3. Cancellation: We make cancellation easy: (a) You can call our toll-free phone numbers indicated in the User Accounts section above and indicate which Service you want to cancel. (2) Or you can use our email address, [cancel@eSalon.com], to cancel the particular Service. (3) Or you can write to us at “Service Cancellation”, eSalon.com, LLC, 10361 Jefferson Blvd., Culver City, CA 90232, USA. In any case, if your order has not already been prepared for shipment or shipped, and thereafter, your card will no longer be charged by the particular Service you are cancelling.
  4. The minimum purchase under the Made for You Hair Color Plan is one eSalon product per 12 week period. The minimum purchase under The Match-Up Service is three (3) eSalon products per month.
  5. Should there be a material change to the terms of either Service, especially if the change affects automatic renewal or continuous service, we will post such material change conspicuously in updated Terms of Use.

Prices

eSalon reserves the right to modify its pricing at any time, by posting new prices on the Site. Any such price changes will only affect any purchases made after such new pricing is posted on the Site. In addition, if you are enrolled in the Made for You Hair Color Plan or The Match-Up Service, new pricing will only affect deliveries made a minimum of ten (10) days after any price change.


Gift Cards

Overall Policies

eSalon gift cards and their use on eSalon.com are subject to eSalon’s Terms of Use and Privacy Policy.

Purchase

eSalon gift cards are available in $25, $50 and $100 values. The amount of the gift card that you purchased will be charged to your credit card upon your confirmation and submission of the order.

Redemption

To make a purchase with an eSalon gift card, the gift card holder must visit www.eSalon.com to redeem the gift card toward the purchase of eligible products from eSalon. After purchase is complete, any remaining gift card balance will show up as a credit in gift card holder’s account. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a credit card

Expiration

eSalon gift cards have no expiration date.

Limitations

Gift cards cannot be used to purchase other eSalon gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account.

Refunds

Gift card purchases cannot be refunded.

Risk of Loss

We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.

Fraud

eSalon reserves the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the eSalon.com website or mobile application.

Limitation of Liability

ESALON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Refer a Friend

When you invite friends to join eSalon.com, you will receive a $20.00 referral credit in your account for each friend who makes a Qualified First Time Hair Color Purchase ("Referral Credit"). A Qualified First Time Hair Color Purchase must be a minimum of $14.95 (inclusive of shipping & handling). The Refer a Friend program does not apply to The Match-Up Service. The Referral Credit for a “Qualified First Time Hair Color Purchase” will be applied to your account once the order ships. Your friend must be a new client (this offer excludes existing or returning clients). There is no limit to the amount of Referral Credits you can earn. You can track your Referral Credits by visiting the Refer A Friend section by logging into your account. Referral Credits will accrue in your account and do not expire, and are automatically applied to your Made for You Hair Color Plan orders or other purchases at checkout.

If two people refer the same friend, the Referral Credit is applied to the account of the referral link used to make the purchase, regardless of which link was received first. Limit to one Referral Credit per new email address registered on eSalon.com.

You may not use spam or send unsolicited emails to people you do not know personally to collect Referral Credits.

Referral Credits may not be bartered, exchanged or sold, and have no cash value by themselves and cannot be redeemed for cash, and only have a notional cash value of $20 when used in connection with an eligible purchase on eSalon.com.

eSalon reserves the right to cancel your Referral Credits at its discretion if it determines you have violated these Terms of Use, including through fraudulent or misleading referral activity.

eSalon reserves the right, at any time and without prior written notice, to add, remove or otherwise modify the terms of the Refer A Friend program and the issuance and use of Referral Credits.

User Content

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 indemnify and defend eSalon, its licensors and its partners against any claims resulting from User Content you provide. eSalon 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 is 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)). Your notification to eSalon must include all of the following components:

  • (1) A physical or electronic signature of the copyright owner of the right, or the person who has been delegated the right to act on behalf of the owner;
  • (2) Identification of the copyrighted work that you claim has been infringed (or a list of works infringed if more than one work is affected);
  • (3) Identification of the material or content that you believe to be infringing and should be removed from the Site, or access to which should be disabled; please provide very specific information about the work and location of the infringement;
  • (4) Information that enables eSalon to contact you, including address, telephone number and email address where you may be reached;
  • (5) Your statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner, its agent or the law; and
  • (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you own the right(s) infringed, or are authorized to act on behalf of the owner of the right(s) infringed.

Please send your notification to the eSalon's Copyright Agent (or email it) as follows:

Copyright Agent
Legal Department
eSalon.com, LLC
10361 Jefferson Blvd
Culver City, CA 90232

email notification: copyright@esalon.com

Modifications to the Terms of Use

eSalon may modify its Terms of Use, its Privacy Policy or any other company policy at any time and at 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. We will indicate clearly when these Terms of Use or any other policy has last been updated. It is your responsibility to monitor Updates to these Terms of Use, and your continued use of the Site implies your acceptance of any such Updates and their modifications. 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 www.esalon.com/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) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING USER CONTENT OR CONTENT POSTED BY THIRD PARTIES. YOU SHOULD ENSURE THAT YOUR COMPUTERS ARE PROTECTED BY RECOGNIZED ANTIVIRUS SOFTWARE.

Limited Liability

IN NO EVENT SHALL ESALON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE 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 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. Subject to the following paragraph, you agree and consent to the exclusive jurisdiction of any state or federal court in Los Angeles County, and both you and eSalon waive any right to a jury trial.

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 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 initiate or participate in any class action litigation (or arbitration). Judgment on the 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 at www.eSalon.com/refunds. 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.