General Terms and Conditions of Sale to Consumers

1. General

 

This Web Site is intended only for consumers wishing to order ULU BRUSH products (Products) online for delivery in the contiguous United States of America. ULU BRUSH does not accept orders for delivery outside the contiguous United States of America. The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By ticking the I have read and agree box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. ULU BRUSH reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.

 

 

2. Placing Your Order

 

2.1. To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address.

 

2.2. You may place an order by:

 

2.2.1. Filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button.

 

ULU BRUSH will not accept orders placed in any way other than listed above.

 

2.3. When you place your order, ULU BRUSH will issue you with an Order Number via the Web Site. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.

 

2.4. By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. ULU BRUSH may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.

 

2.5. If ULU BRUSH accepts your order, ULU BRUSH will notify you of our acceptance by issuing an order confirmation. ULU BRUSH will send your order confirmation to you by e-mail and this will be effective as of the date on which the order confirmation is sent to you. If ULU BRUSH cannot accept your order, ULU BRUSH will attempt to contact you by email or telephone.

 

2.6. Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the Web Site.

 

 

3. Supply of Your Products

 

Subject to these terms and conditions, ULU BRUSH will supply to you the Products indicated on your order confirmation.

 

4. Prices

 

4.1. All prices are in US dollars. Prices shall be those prices published on this Web Site at the time you submit your order. The prices published on the Web Site are exclusive of VAT, recycling fee, shipping and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including all taxes, recycling fee, duties, handling and shipping charges.

 

4.2. No intra-community purchases can be made via the Web Site.


4.3. Delivery costs, where applicable, are payable by you as indicated on your invoice.


 

5. Paying for Your Products

 

5.1. You may pay for your Products by the methods of payment displayed on the payment paragraph of the Web Site.

 

5.2. You must pay in the currency as indicated on your invoice.


5.3. If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products. ULU BRUSH will not commence the manufacture of your Products neither will ULU BRUSH supply the Products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If ULU BRUSH does not receive such authorization ULU BRUSH shall inform you accordingly. ULU BRUSH reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.


 

6. Delivery of Your Products

 

6.1. Orders placed on this site can only be delivered in the contiguous United States of America.

 

6.2. ULU BRUSH will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by ULU BRUSH are best estimates only and ULU BRUSH shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by ULU BRUSH.

 

6.3. Title to and risk of loss of your Products will pass to you on delivery of the Products

 

6.4. When Products have been delivered to the carrier ULU BRUSH will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form.

 

 

7. Exchanges, Returns and Refunds

 

7.1. You may return the Product to ULU BRUSH or cancel the entitlement to services and obtain a refund of the price of the returned Product (except gift wrapping costs and any such other charges) or service entitlement, provided you contact ULU BRUSH within thirty (30) calendar days of the date of delivery of the Product. For purchases made on the ULU BRUSH store, return delivery is free of charge with FedEx. For purchases made via the Starter Kit Brush Head subscription, you pay shipping and handling to return the Product.

 

If a product is sold as part of a product combination (bundle) in which other products are offered for free or at a discount compared to their normal price, the bundled product must at ULU BRUSH request be returned with the product purchased. ULU BRUSH reserves the right to raise an invoice in respect of any free or discounted bundle product not so returned.

 

Please note that you may not return a Product and claim a refund if the Product concerned is:
 

a) Software which ULU BRUSH supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the Web Site; or
 

b) A personalized and/or customized product made in accordance with your specifications. You may not obtain a refund for a service if you have commenced use of a/the service.

 

7.1.1. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please call ULU BRUSH at: 714-867-6639 between 9:00 AM PST and 6:00PM PST Monday to Friday. In the event that you are entitled to a replacement or repair in accordance with paragraph 8 below, the transportation charges referred to in paragraph 7.1 will not be applied.

 

7.1.2. If you have received the ordered Product(s) and have simply changed your mind about purchasing it, you may return the Product(s) or entitlement to Service, to ULU BRUSH for a refund, subject to the payment of the transportation charges and provided:

 

I. You inform ULU BRUSH of your decision to cancel the contract within thirty (30) calendar days of the date of delivery of the Product or the date you purchased the services; and

II. The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and

III. The Product(s) are returned in accordance with paragraph 7.2 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure

 

7.2. Steps to Follow to Claim a Refund:

 

(i) Please call ULU BRUSH at: 714-867-6639 between 9:00 AM PST and 6:00PM PST Monday to Friday to make arrangements for your return. You will then be provided with an RMA (Return Material Authorization) number.
 

(ii) ULU BRUSH will subsequently arrange for the Product(s) to be collected by its nominated carrier. Depending on which carrier it is, you will either be asked to contact them, or in the case of larger items you will be called to arrange a collection time
 

(iii) Before returning any Product(s) please check that you have:

1. Received a RMA number from ULU BRUSH (issued on request);

2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;

3. Used all packaging that was originally supplied;

4. Clearly displayed the returns address and the RMA number;

5. Sealed the packaging securely.
 

(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
 

(v) Please note that ULU BRUSH reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs 7.1.2 and 7.2.

 

 

8. Warranty

 

8.1. ULU BRUSH-branded Product Warranty
 

ULU BRUSH warrants the Products as set forth on the warranty card supplied with the Product and/or as may be stated on the Web Site. Specific warranties may apply to certain Products (such as customized Products) as specified on the Web Site. With respect to software, no warranty shall apply other than as expressly set forth in the applicable license agreement. Should the Product supplied by ULU BRUSH not comply with the applicable warranty ULU BRUSH shall, at its option and expense, unless provided otherwise in the applicable warranty, repair or replace the Product or refund the purchase price upon return of the Product. Except as expressly set out in these terms and conditions, to the fullest extent permitted by law ULU BRUSH hereby disclaims any and all warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights.

 

8.2. Non-ULU BRUSH-branded/Third-party Products
 

For non ULU BRUSH-branded Products (including non ULU BRUSH branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturers warranty which may be included with the Products purchased. In relation to any existing manufacturers warranty, any warranty claims should first be made either directly to the manufacturer or to ULU BRUSH by phone.


8.3. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.


 

9. ULU BRUSH Liability

 

9.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

 

9.2. Except where set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on ULU BRUSH regarding the supply of Products or the provision of Services except as expressly stated in the contract.

 

9.3. Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into the contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, ULU BRUSH will not be responsible for ensuring that the Products are suitable for your purposes

 

9.4. Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

 

9.5. SUBJECT TO CLAUSE 9.4 ULU BRUSH WILL NOT BE LIABLE UNDER THE CONTRACT FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.ULU BRUSH MAXIMUM AGGREGATE LIABILITY UNDER THE CONTTRACT WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO ULU BRUSH IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.


9.6. ULU BRUSH reserves the right to cancel your order, including for Subscriptions or Starter Kit and Brush Head subscriptions, if your address changes outside of the contiguous United States of America.
 

9.7. This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.


 

10. Contacting ULU BRUSH Online Store

 

You can contact ULU BRUSH Online Store:

 

·         By telephone: 714-867-6639 between 9:00 AM PST and 6:00PM PST Monday to Friday;


 

11. Data Protection

 

11.1. Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

 

11.2. By placing your order, you agreed and understand that ULU BRUSH may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the ULU BRUSH Privacy Policy which is available by clicking on the button Privacy Policy in the footer of this Web Site. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from ULU BRUSH please follow the update procedure set forth in the ULU BRUSH Privacy Policy.

 

 

12. Circumstances beyond ULU BRUSH reasonable control

 

ULU BRUSH will make every effort to perform ULU BRUSH obligations under the contract. However, ULU BRUSH cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, ULU BRUSH will perform our obligations as soon as reasonably possible.

 

 

13. Dispute Resolution & Arbitration Agreement

 

Scope of the Arbitration Agreement.  Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and ULU BRUSH agree that any legal dispute between you and ULU BRUSH concerning or arising in any way out of a purchase from ULU BRUSH’ website, your enrollment and participation in any subscription or other program, any communications between you and ULU BRUSH, or your participation in any other program or service provided by ULU BRUSH shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or ULU BRUSH may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and ULU BRUSH, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

Informal Dispute Resolution.  Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail to ULU BRUSH at ULU BRUSH 12900 Garden Grove B265 Garden Grove, CA 92843. Both you and ULU BRUSH agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

 

Right to Opt Out of this Arbitration Agreement.  You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from our website; or (b) sign up for any program or service provided by ULU BRUSH. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending a letter to ULU BRUSH 12900 Garden Grove B265 Garden Grove, CA 92843. You should include your printed name, mailing address, and the words “Reject Arbitration.”

 

How Arbitration Works.  Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and ULU BRUSH agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with ULU BRUSH). If you live outside the United States, any arbitration will take place in Essex County, MA. ULU BRUSH will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

 

Waiver of Right to Bring Class Action and Representative Claims.  All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and ULU BRUSH also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and ULU BRUSH hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

 

Governing Law and Other Terms.  This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state or country of your residence, as determined by your mailing address on file with ULU BRUSH, will govern. ULU BRUSH will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.


 

14. General

 

14.1. Neither ULU BRUSH failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.


14.2. The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

 

 

15. Special terms for customization/personalization

 

15.1. Order and acceptance customized products
 

While ULU BRUSH honors most designs, ULU BRUSH cannot honor all of them. Some may contain among other things trademarks of third parties that you (or ULU BRUSH) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that ULU BRUSH may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage if so, you will be notified by e-mail and ULU BRUSH reserves the right to cancel the applicable order confirmation.

 

15.2. Content Restrictions
 

You agree not to use the Web Site or service:

 

A. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable

B. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;

C. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;

D. To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and

E. You agree that if ULU BRUSH, in its sole discretion, determines that any material you submit may not meet these content requirements, ULU BRUSH shall reject your order. ULU BRUSH reserves the right to charge a processing fee of $15 for each design that you submit as an order which violates our content restrictions.

 

In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that ULU BRUSH will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

 

Your design or personalization of the Product (and/or the color combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by a third party.
 

Please understand that although ULU BRUSH reserves the right to decline your design or personalization, you are solely responsible for your design and personalization, and ULU BRUSH has no obligation to review your design or personalization.
 

By submitting your order, including your design and personalization, to ULU BRUSH, you hereby grant ULU BRUSH a non-exclusive, perpetual, royalty-free license to use your design and personalization in the widest sense of the word, including but not limited to, copying, editing, modifying, digitizing or reproducing, to fulfill your request of creating and delivering a personalized product.


Your design and personalization qualify as what ULU BRUSH calls User Content. The article about User Content in article 6 of the Terms of Use, which are available by clicking on the Terms of Use link in the footer of this Web Site.