terms of use
Edrée Terms & Conditions
Effective Date: August 10 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by Edrée Luxury Hair Tools, Inc. Throughout the website, the terms “Edrée,” “we,” “us” and “our” refer to Edrée Luxury Hair Tools, Inc. By creating an account and using this website, you agree to be bound by the following Terms & Conditions which may affect your rights.
THESE TERMS & CONDITIONS INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BETWEEN US BY ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF BY CLASS ACTIONS OR JURY TRIALS. SEE SECTION 15 FOR MORE INFORMATION REGARDING YOUR AGREEMENT TO ARBITRATE.
- ACCEPTANCE OF TERMS & CONDITIONS
Your use of Edree.com and your overall communications with us are expressly conditioned on your acceptance without modification of these Terms & Conditions. By using Edree.com and/or communicating with us or purchasing something from us (collectively, our “Services”), you signify your acceptance of these Terms & Conditions, as the same may be amended from time to time, including those additional terms and conditions and policies referenced here on this page..
Edrée reserves the right to modify these Terms & Conditions at any time without prior notice. If you do not agree to these Terms, you may not use this website.
This website and our online store are not intended for use by persons under the age of majority in your jurisdiction. By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any minors in your care to use this website.
- TERMS OF PURCHASE
All products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy.
Our sales on this website are limited to the United States. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Occasionally there may be information on our website or in printed material distributed by us that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order).
- PROHIBITED USE
Neither the website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Edrée, except that you may download, display and print the content presented on the website for your private personal, non-commercial use only. Unauthorized use of Edree.com and/or the content contained on the website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the introduction, promotion or use of viruses; (iv) activities that violate any law, regulation or statute; (v) activities involving access or attempted access of data not intended for such user or logging onto a server or an account which the user is not authorized to access; (vi) activities involving the attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (vii) activities involving the access or use of the website or any portion thereof without authorization; and/or (v) activities that infringe upon any legally protected property right, etc. By using this website, you agree that any and all information transmitted to or with the use of this website cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. Edrée, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances. In its sole discretion, in addition to any other rights or remedies available to Edrée and without any liability whatsoever, Edrée at any time and without notice may terminate or restrict your access to any component of edree.com.
- PRIVACY
By using this website, You confirm that you have read the Edrée Privacy Policy, the terms of which appear here and are herein incorporated into these Terms & Conditions by reference, and agree that the terms of such policy are reasonable and accepted. You consent to the collection, use, and disclosure of your personal information by Edrée and/or third parties in accordance with the same and for the purposes set forth therein.
- MODIFICATIONS
Edrée attempts to be as accurate as possible, but this website may contain typographical errors or technical inaccuracies. Edrée reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue any Products or Service (or any part or content thereof) without notice at any time. Edrée reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Edrée believes that customer conduct violates these Terms & Conditions, applicable law or is harmful to the interests of Edrée or any third parties.
- OWNERSHIP
The Edrée website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Edrée, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of the United States and other countries. None of the content found on edree.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Edrée and/or the applicable Third Parties.
This website contains trademarks, trade names, service marks, copyrights, and/or logos identified as belonging to Edrée. Such intellectual property remains the property of Edrée. Other trademarks, service marks, copyrights, and/or logos appearing on this website are intellectual property of their respective owners. You recognize and acknowledge the ownership of these rights and understand that you do not acquire, through use of this website or otherwise, any right, title, or interest in such intellectual property. You agree not to change, modify, and/or exploit such intellectual property, nor participate in any activity, which modifies and/or exploits the same. All rights to said intellectual property are reserved and any use of the same without the express written authorization Edrée or their respective owner is strictly prohibited.
These Terms & Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- WARRANTIES & LIMITATION OF LIABILITY
Edrée DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Edrée BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
- WARRANTIES & LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY Edrée ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,Edrée DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Edrée OR ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, PARTNERS, AND SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
- MAXIMUM LIABILITY
If, notwithstanding the foregoing, Edrée or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of edree.com or its content, the liability of Edrée and the Third Parties shall in no event exceed in the aggregate $200 US.
- FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms & Conditions, Edrée shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, Acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Edrée shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
- INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, Edrée, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. Edrée has the right to control any defense pertaining to this Section.
- RELATIONSHIP
Nothing in these Terms & Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between you and Edrée, and neither party shall have the right or authority to act for or on behalf of the other party.
- GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in Los Angeles County, California for any and all claims arising from the use of this website. Edrée’s failure to enforce any section of these Terms & Conditions shall not be construed as a waiver of such provision.
- ENTIRE AGREEMENT
These Terms & Conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter and may not be amended or modified except by Edrée as set forth above.
- PRICING POLICY
Edrée has attempted to match online prices to those in store; however, online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across jurisdictions, items may be available online at the sale price before they are available in store. Franchisees are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the Edree.com website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices quoted are payable in United States dollars and, unless otherwise stated, do not include CAD, GST, PST, QST or HST.
Edree.com may offer limited-time sales values, special buys, and items at Edrée's everyday low price. Regular prices shown are the prices at which the products have been sold by Edrée as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to Edrée constitutes your offer to purchase gift cards or other products listed in your order. Your order shall be deemed to be accepted only at the point when Edrée sends a shipping confirmation email to the email address you provided. If you would like to change your order, email i@edree.com.
- DIGITAL MILLENNIUM COPYRIGHT ACT
In the event that you wish to assert a claim based upon copyright infringement for graphics, images, and text which are believed to be illegally residing on this website, you should promptly send correspondence to Edrée pursuant to the Digital Millennium Copyright Act to Customer Service
Claims must include the following information:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Edrée to locate the allegedly infringing material;
Information reasonably sufficient to permit Edrée to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at i@edree.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction; the terms of this Section govern dispute resolution between us.
Dispute Resolution and Arbitration
You and Edrée agree that any dispute, claim, or controversy between you and Edrée arising in connection with or relating in any way to these Terms & Conditions or to your relationship with Edrée as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms & Conditions) will be determined by mandatory binding individual (not class) arbitration. You and Edrée further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms & Conditions.
Exceptions
Notwithstanding the clause above, you and Edrée both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights to (1) bring an individual action in a U.S. small claims court, (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator, or (3) bring issues to the attention of federal, state, or local agencies, which can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class Or Representative Proceedings: Class Action Waiver
YOU AND EDRÉE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Edrée agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Arbitration Rules
Either you or we may start arbitration proceedings. Any arbitration between you and Edrée will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Edrée agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Fees
If you commence arbitration in accordance with these Terms & Conditions, Edrée will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in the county (or parish) of your billing address, or at another mutually agreed location.
Changes
Notwithstanding the provisions in the section above regarding consent to be bound by amendments to these Terms & Conditions, if Edrée changes this Arbitration Agreement after the date you first agreed to the Terms & Conditions (or to any subsequent changes to the Terms & Conditions), you may reject any such change by sending us written notice (including by email to i@edree.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Edrée's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Edrée in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms & Conditions (or to any subsequent changes to the Terms & Conditions).