Terms and Conditions
General Information
Please read the following Terms and Conditions of Use carefully before using this website or placing an order. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use, which, together with our Privacy Policy, govern K. Cole Xtensions' relationship with you in relation to this website. The term ‘K. Cole Xtensions’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is located in Minneapolis, Minnesota. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website, its photos and/or products purchased from this website or any social media link provided by this website may give rise to a claim for damages and/or may be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), however, use of those sites requires adherence to law and respect for the intellectual property rights of the owner(s) of the materials provided on those pages.
You may not create a link to this website from another website or document without K. Cole Xtensions’ prior written consent.
Copyright
The contents of this site, including but not limited to trademarks, trade names, logos, photographs, videos, text, and graphics, are copyrighted as a collective work under the United States and other copyright laws, and are the property of K. Cole Xtensions, LLC. The collective work includes works that are licensed to K. Cole Xtensions, LLC (Copyright 2019 ALL RIGHTS RESERVED). Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with K. Cole Xtensions, LLC or purchasing K. Cole Xtensions products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely to place an order with K. Cole Xtensions or to purchase K. Cole Xtensions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site on any media form is strictly prohibited, unless authorized by K. Cole Xtensions LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of K. Cole Xtensions used in the site are trademarks or registered trademarks of K. Cole Xtensions LLC. (Please review Unauthorized Use of K. Cole Xtensions' Trademarks)
Unauthorized Use of K. Cole Xtensions' Trademarks
Company, Product, Trademark or Trade Name:
You may not use or register, in whole or in part, K. Cole Xtensions, or any other K. Cole Xtensions trademark or tradename, including K. Cole Xtensions-owned graphic symbols, logos, icons, photographs, videos or an alteration thereof, as or as part of a company name, trade name, product name, or trade name except as specifically noted in these guidelines.
K. Cole Xtensions Logo and K. Cole Xtensions-owned Graphic Symbols:
You may not use the K. Cole Xtensions Logo or any other K. Cole Xtensions-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from K. Cole Xtensions, such as in a distribution agreement.
Variations, Takeoffs or Abbreviations:
You may not use an image of a real K. Cole Xtensions' or other variation of the K. Cole Xtensions logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of any K. Cole Xtensions trademark for any purpose.
Disparaging Manner:
You may not use any K. Cole Xtensions trademark or any other K. Cole Xtensions-owned graphic symbol, logo, or icon in a disparaging manner.
Endorsement or Sponsorship:
You may not use K. Cole Xtensions or any other K. Cole Xtensions trademark, including K. Cole Xtensions-owned graphic symbols/logos, or icons, in a manner that would imply K. Cole Xtensions’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
Merchandise Items:
You may not manufacture, sell or give-away merchandise items, such as T-shirts and hair extensions, bearing K. Cole Xtensions or any other K. Cole Xtensions' trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from K. Cole Xtensions.
K. Cole Xtensions’ Trade Dress:
You may not imitate the distinctive K. Cole Xtensions packaging, web site design, logos, graphic symbols, icons or typefaces.
Slogans and Taglines:
You may not use or imitate any K. Cole Xtensions slogan or tagline. For example: “K. Cole Cuties”.
Domain Names:
You may not use an identical or virtually identical K. Cole Xtensions trademark as a domain name, no matter the level.
Limitation of Liability
K. Cole Xtensions LLC shall not be liable for any general, special, compensatory or consequential damages that allegedly result from the use of, or the inability to use, the materials on this site or the performance of the products, even if K. Cole Xtensions has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Items are only for sale within the United States and are not for resale. The Sole Warranty regarding the Product and related materials is that the original Product should be free from physical defects in material and workmanship, assuming proper use, for a period of fifteen [number (15)] days from the date of purchase (“initial term”). If such defect occurs during the initial term, the alleged defective Product must be returned to Seller, along with proof of purchase; after inspection and a determination of defectiveness by the Manufacturer, either Seller or Manufacturer shall replace the Product free of charge. All shipping charges are at the expense of Buyer. Except for the Express Warranty by the Manufacturer, the Product is provided “AS IS” and Seller expressly disclaims all other warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Seller makes no Warranty that the Product shall meet Buyer’s requirements, nor does Seller make any Warranty as to the results that may be obtained from the use of the Product. Seller is not responsible for difficulties caused by accident, abuse, mishandling, alteration or improper use of the Product. Seller shall not be liable for any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits and the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Seller or its representatives have been advised of the possibility of such damages, and even if the Product is found to have failed its essential purpose. Seller’s total liability for actual damages for any cause whatsoever is limited to the amount paid by the Buyer for the Product. Buyer agrees to indemnify and hold Seller, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Buyer's use of the Product, the violation of this Terms by Buyer, or the infringement by Buyer, or other user of the Product, of any intellectual property or other right of any person or entity.
Typographical Errors
In the event that a K. Cole Xtensions product is listed at an incorrect price, K. Cole Xtensions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. K. Cole Xtensions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, K. Cole Xtensions shall issue a credit to your credit card account in the amount of the incorrect price. 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 you have submitted your order).
Chargebacks
Chargebacks are strictly prohibited and will immediately be disputed. You agree that if you purchase any product from K. Cole Xtensions, LLC, you will not chargeback your purchase through your account provider. Instead, to minimize issues:
You shall contact K. Cole Xtensions, LLC in writing and request a replacement product, stating in detail the issues you may have with the product delivered. A replacement product will not be provided until the original alleged defective product is returned, according to the returns policy listed herein, and it is inspected.
If K. Cole Xtensions, LLC believes the product is as ordered, K. Cole Xtensions, LLC reserves the right to refuse to replace the product, however, you will always either receive the original product, a replacement product, or an appropriate refund (if any), with the option solely at K. Cole Xtensions, LLC’s discretion. Any request by you as to your preference for resolution will be considered, but is in no way binding.
K. Cole Xtensions, LLC reserves the right to institute a third-party dispute resolution process to assist in resolving any issues or concerns by you or by K. Cole Xtensions, LLC.
Any indication of fraud will be reported to your local District Attorney’s office and appropriate authorities (FBI, DOJ, PayPal, etc.) for investigation. All attorney’s fees and costs associated with the recovery of chargebacks and fraudulent chargebacks (whether on your behalf or that of K. Cole Xtensions, LLC) are solely your responsibility.
Website Contents
This website contains material owned by or licensed to us. This material includes, but is not limited to, content and product design, layout, look, appearance, photographs and graphics. Any redistribution or reproduction of part or all of this material in any form is prohibited other than in accordance with the following:
This website and its content and products is copyright of K. Cole Xtensions LLC - © K. COLE XTENSIONS ALL RIGHTS RESERVED.
You may print or download to a local hard disk extracts only to the extent necessary to make a purchase from K. Cole Xtensions, LLC.
You may copy the content to individual third parties for their personal use for the sole purpose of purchasing products from K. Cole Xtensions, but only if you acknowledge the website as the source of the material.
K. Cole Xtensions may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
The Site as a whole is protected by intellectual property rights, including but not limited to copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by K. Cole Xtensions, LLC. Unauthorized use of this material or this website may give rise to a claim for damages and/or be a criminal and civil offense. You agree to release, hold harmless and indemnify K. Cole Xtensions and any of its vendors, manufacturers, agents, et al. for all costs associated with the protection of its intellectual property rights and product protection.
Product Availability
Although availability may be indicated on the Site, we cannot guarantee product availability and products, and cannot guarantee immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order, at our own discretion.
Unconfirmed Shipping Address
An unconfirmed shipping address is when your shipping address does not match your billing address or when you type in your address incorrectly. We will not ship to unconfirmed shipping addresses or to addresses outside of the United States. You must contact PayPal to confirm your shipping address. You do not need a Paypal account to contact PayPal and confirm your shipping address. If your address is unconfirmed your payment will not be accepted. PayPal 1-888-221-1161.
Customer Photos
You agree that K. Cole Xtensions may use and/or disclose the photos you send to the company for marketing or promotional use without any compensation. You understand that by sending K. Cole Xtensions your photos, you authorize K. Cole Xtensions to use, reproduce, and/or publish photographs and/or video that may pertain to you—including your image and likeness on the company’s website, www.kcolextensions.com, any advertising and marketing in any form whatsoever, as well as their social media pages which includes but not limited to Facebook, Twitter, Instagram. Accordingly, you release K. Cole Xtensions from any and all liability related to dissemination of photographs or likeness, reproduction, distribution, and display of the photographs in print or any and all other media, and any alteration, distortion or illusionary effect, whether intentional or otherwise, in connection with said use. This authorization is continuous and may only be withdrawn by our specific rescission of this authorization.
Resale Prohibited
K. Cole Xtensions is a private label brand. To protect its intellectual property rights, resale of our merchandise for personal or business profit or use is strictly prohibited. Any orders suspected or found to have characteristics of resale will be immediately cancelled or stopped in transit. We reserve the right to refuse subsequent orders from such customers.
Indemnification
You agree to defend, indemnify and hold K. Cole Xtensions, LLC, its vendors, manufacturers, agents, et al., harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You agree to be responsible for all attorney’s fees and costs associated with any claim, whether on your behalf or to protect K. Cole Xtensions, LLC, during such a dispute.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT LACE XCLUSIVE LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
An unconfirmed shipping address is when your shipping address does not match your billing address or when you type in your address incorrectly. We will not ship to unconfirmed shipping addresses or to addresses outside of the United States. You must contact PayPal to confirm your shipping address. You do not need a Paypal account to contact PayPal and confirm your shipping address. If your address is unconfirmed your payment will not be accepted. PayPal 1-888-221-1161.
Customer Photos
You agree that K. Cole Xtensions may use and/or disclose the photos you send to the company for marketing or promotional use without any compensation. You understand that by sending K. Cole Xtensions your photos, you authorize K. Cole Xtensions to use, reproduce, and/or publish photographs and/or video that may pertain to you—including your image and likeness on the company’s website, www.kcolextensions.com, any advertising and marketing in any form whatsoever, as well as their social media pages which includes but not limited to Facebook, Twitter, Instagram. Accordingly, you release K. Cole Xtensions from any and all liability related to dissemination of photographs or likeness, reproduction, distribution, and display of the photographs in print or any and all other media, and any alteration, distortion or illusionary effect, whether intentional or otherwise, in connection with said use. This authorization is continuous and may only be withdrawn by our specific rescission of this authorization.
Resale Prohibited
K. Cole Xtensions is a private label brand. To protect its intellectual property rights, resale of our merchandise for personal or business profit or use is strictly prohibited. Any orders suspected or found to have characteristics of resale will be immediately cancelled or stopped in transit. We reserve the right to refuse subsequent orders from such customers.
Indemnification
You agree to defend, indemnify and hold K. Cole Xtensions, LLC, its vendors, manufacturers, agents, et al., harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You agree to be responsible for all attorney’s fees and costs associated with any claim, whether on your behalf or to protect K. Cole Xtensions, LLC, during such a dispute.
Disclaimer
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT LACE XCLUSIVE LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.