OTHER SALON KITS
General Terms and Conditions of Use
Sassy Saints B.V.
Welcome to https://www.sassysaints.com/ (the "Site"). These General Terms and Conditions of Use (these "Terms of Use") govern your access to and use of the Site. The Site is operated by Sassy Saints B.V., a company registered under the laws of the Netherlands with the Dutch Chamber of Commerce (KvK) under number 78771307, with an address at Keizersgracht 62, 1015 CS, Amsterdam, the Netherlands ("Sassy Saints" or "we"). The words "user", "you" and "your" in these Terms of Use refer to a user of the Site.
The Site is powered by Shopify Inc. ("Shopify"), which enables us to operate the Site and provide our services to you.
1. Users
By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years of age and that you will only use the Site and its services for non-commercial purposes and in a personal capacity.
By using the Site you represent that you have read, understood and agree to be bound by the Website Policies (as defined in Section 9 below). If you do not agree to the Website Policies, please do not access or use the Site.
Sassy Saints reserves the right to refuse registration of and/or cancel an account at any time, at its sole discretion, and to terminate an account should you be in violation of any provision of the Website Policies or if Sassy Saints detects or suspects any illegal use, suspicious traffic, fraud, or other misconduct. Users are responsible for all activity that occurs on their account. Users must immediately notify Sassy Saints of any unauthorised use of their account or any other account-related security breach of which they are aware.
You shall maintain and update any information about yourself that you have provided to us to ensure it remains accurate and current.
2. Licence
All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the exclusive property of Sassy Saints, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws.
Except as expressly permitted in these Terms of Use, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, licence, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Sassy Saints.
The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, non-exclusive and non-transferable licence to: (i) access and view the Site and the Content; and (ii) copy, download and store the Content temporarily solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicence, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use.
Users acknowledge and agree that any misappropriation or misuse of the Content will cause irreparable harm to Sassy Saints and that money damages alone will not constitute sufficient compensation. Consequently, in the event of any such misappropriation or misuse, you specifically consent to Sassy Saints obtaining injunctive relief in addition to any other legal or financial remedies to which Sassy Saints may be entitled.
3. User Submissions
From time to time, we may permit users to submit content to the Site. By submitting reviews, remarks, comments, suggestions, ideas, graphics, feedback, photographs, illustrations and other materials (collectively, "Submissions"), you:
We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice, for any reason or no reason.
You may not upload or otherwise publish content on the Site that: (i) is untrue, inaccurate or false; (ii) impersonates any other person; (iii) violates any intellectual property rights; (iv) is obscene, pornographic, harmful, threatening, offensive, abusive, harassing, vulgar, racially or ethnically objectionable; (v) constitutes personal attacks on other individuals; (vi) promotes criminal or illegal activity; (vii) promotes or advertises any person, product or service; or (viii) violates any applicable law.
You are solely responsible for any Submissions you make and their accuracy. You agree to indemnify and hold Sassy Saints, its affiliates and subsidiaries, and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs or expenses, including attorneys' fees, which Sassy Saints may incur as a result of your Submissions.
4. Intellectual Property
SASSY SAINTS is a registered trademark. All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the "Intellectual Property") are the property of Sassy Saints or its affiliates, subsidiaries or suppliers. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorisation of Sassy Saints or the applicable Intellectual Property owners.
Sassy Saints vigorously enforces its intellectual property rights to the fullest extent permitted by law and will prosecute any unauthorised use or reproduction of the Intellectual Property or any Content in violation of applicable copyright, trademark, and other laws.
5. Links to Third-Party Websites
The Site may contain hyperlinks to other websites operated by unaffiliated third parties. Sassy Saints does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third-party websites. Sassy Saints shall not be held liable, directly or indirectly, for the content of such websites or the policies adopted by them, including their privacy policies, and/or for any damages or injury resulting or arising from the content or access to such other websites.
Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third-party websites you access from the Site, as the Website Policies do not apply to websites operated by third parties. The Site provides links to other websites exclusively for its users' convenience and any use of any third-party website is at the user's sole risk.
6. Disclaimer of Liability
The Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Site are provided by Sassy Saints on an "as is", "where is" and "as available" basis, unless otherwise specified in writing.
You expressly agree that your use of the Site is at your sole risk. To the full extent permissible by applicable law, Sassy Saints disclaims all warranties, express or implied, including, but not limited to, implied warranties of quality, merchantability, non-infringement, and fitness for a particular purpose, as to the operation of the Site or its functioning or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, unless otherwise specified in writing.
Sassy Saints will not be liable for any damages of any kind arising from the use of the Site, your action or inaction in connection with the Site, or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages or any loss of profit, revenue, opportunity or data, unless otherwise specified in writing.
Notwithstanding the foregoing, in the event that Sassy Saints is found liable in respect of any loss, damage or cause of action arising out of or in connection with: (i) the Website Policies or any of the features or functionalities of the Site or its Content, or your use or inability to use thereof, Sassy Saints' liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the Site, Sassy Saints' liability shall be strictly limited to the sale price of that product.
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.
7. SMS and Text Message Marketing
By opting in to receive SMS or MMS marketing messages from Sassy Saints, you agree to receive recurring automated promotional and personalised text messages (including cart reminders) at the phone number used when opting in. Consent to receive marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency varies.
To opt out of SMS marketing at any time, reply STOP to any text message from us. You will receive a one-time opt-out confirmation. For support, reply HELP or contact us at legal@sassysaints.com. Our SMS messaging platform is operated by SMSBump (by Yotpo). Wireless carriers are not liable for delayed or undelivered messages.
Any dispute arising from our SMS programme shall be resolved in accordance with the arbitration provisions set out in Section 11 of these Terms of Use. The arbitration of any SMS-related dispute shall be conducted on an individual basis only and not as a class, collective, or representative proceeding.
For full details of how we collect and use your information in connection with SMS marketing, please refer to our Privacy Policy at https://www.sassysaints.com/pages/privacy-policy.
8. Amendments and Updates
Sassy Saints may amend, remove or update all or any part of the Website Policies at any time in its sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes.
For material changes to these Terms of Use that affect subscription pricing, billing frequency, or cancellation rights, Sassy Saints will provide advance notice to affected subscribers before such changes take effect. Subscribers who do not accept a material change to their subscription terms may cancel their subscription before the change takes effect without penalty.
9. Website Policies
For any other legal information concerning your access to and use of the Site, the way the Site collects and uses your personal information, and your rights with respect thereto, please read the following policies, which are incorporated into these Terms of Use by this reference (together with these Terms of Use, the Terms of Sale, and the Return & Refund Policy, collectively, the "Website Policies"):
If you are a California resident, please also read our Privacy Policy for California Residents, which describes your specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including your right to know, delete, correct, and opt out of the sale or sharing of your personal information.
10. Force Majeure
Sassy Saints shall not be liable for any failure or delay in performance of its obligations under these Terms of Use arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation: acts of God, natural disasters, pandemics or epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials (including delays arising from international shipping or customs processes).
In the event of a force majeure event, Sassy Saints will notify affected customers as soon as reasonably practicable and will use reasonable efforts to resume performance as quickly as possible.
11. Contact Us
All requests for information, complaints or enquiries regarding the Site should be directed to:
California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
12. Governing Law and Dispute Resolution
These Terms of Use and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.
Except as provided below with respect to disputes submitted to arbitration pursuant to the Federal Arbitration Act, any dispute not subject to arbitration must be brought:
You expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.
13. Additional Terms for UK Customers
If you are located in the United Kingdom, your statutory rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are not affected by these Terms of Use. To the extent that any provision of these Terms of Use conflicts with your mandatory rights under UK law, UK law shall prevail.
UK customers may contact the Citizens Advice consumer helpline at 0808 223 1133 or visit https://www.citizensadvice.org.uk for further information about their rights.
14. Arbitration Clause
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute arising out of or relating to these Terms of Use or your use of the Site shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration Rules of the American Arbitration Association (the "AAA") and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality.
All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Prior to any arbitration, the parties mutually agree to attempt to mediate any dispute in accordance with the then-current AAA Mediation Procedures. The costs of such non-binding mediation shall be shared equally between the parties. Each party shall bear the cost of their own attorneys. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction.
The parties agree that the arbitration of any dispute shall be conducted on an individual basis only and not on a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or legal proceeding involving Sassy Saints or any other person. The arbitrator shall not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION YOU ARE WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OF THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT: (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER; (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Opt-Out Right. You may opt out of this arbitration clause by sending written notice to legal@sassysaints.com within 30 days of the date you first agree to these Terms of Use with the subject line "Arbitration Opt-Out" and including your name and email address associated with your account. If you opt out, the governing law and dispute resolution provisions of Section 12 will apply.
15. Class Action Waiver
THE PARTIES AGREE THAT ANY DISPUTE BETWEEN THEM — WHETHER RESOLVED THROUGH ARBITRATION, COURT PROCEEDINGS, OR ANY OTHER FORM OF DISPUTE RESOLUTION — SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. THE PARTIES FURTHER AGREE NOT TO BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING AGAINST EACH OTHER FOR ANY DISPUTE. NO ARBITRATOR, JUDGE, OR OTHER DECISION-MAKER MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Opt-Out Right. You may opt out of this class action waiver by sending written notice to legal@sassysaints.com within 30 days of the date you first agree to these Terms of Use with the subject line "Class Action Waiver Opt-Out" and including your name and email address associated with your account. If you opt out of the class action waiver but not the arbitration clause, disputes will still be resolved by individual arbitration.
16. Miscellaneous
If any condition of any part of these Terms of Use shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction of these Terms of Use.
These Terms of Use constitute the entire agreement between you and Sassy Saints with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and Sassy Saints, whether written or oral.
Sassy Saints' failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Sassy Saints.
We are currently upgrading our subscription management.
While we are working on this, the subscription portal where you can make all changes and update your account can be found here:
