TERMS AND CONDITIONS FOR THE SALE FOR THE SALE OF FOLLICLE, INC.’S PRODUCTS AND SERVICES
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PURCHASING FOLLICLE, INC.’S PRODUCTS AND SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY WHETHER YOU PURCHASE THE PRODUCTS AND SERVICES ONLINE OR IN PERSON AT A STORE; PROVIDED, HOWEVER, THAT SECTIONS 2 THROUGH 6 OF THESE TERMS AND CONDITIONS APPLY ONLY TO THE PURCHASE OF PRODUCTS AND SERVICES THROUGH FOLLICLE, INC.’S WEBSITE, WWW.AERDRYER.COM (THE “SITE”).
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FOLLICLE, INC. OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services. These Terms are subject to change by Follicle, Inc. (referred to as “Follicle”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, at aerdryer.com/policies. You must review these Terms before purchasing any product or service that is available through the Site and after purchasing any Follicle product or service in retail stores or through any other website. Your continued use of the Site and/or of the product or service after reviewing these Terms and/or after a posted change in these Terms will constitute your acceptance of and agreement to such Terms and/or changes.
- Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products and services identified in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and Follicle will not take place unless and until you have received your order confirmation email.
- Cancellation. You have the option to cancel your order at any time prior to shipment by calling our Customer Service Department at 1-855-741-1747.
Prices and Payment Terms.
- All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. The checkout page describes the available delivery options and related costs. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. If a product is damaged in transit, your only recourse is to file a claim with the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return products, you must call 1-855-741-1747 or email our Returns Department at email@example.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss or damage during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five business days of our receipt and review of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase.
- LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT AERDRYER.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, PRODUCTS WILL BE FREE FROM ORIGINAL DEFECTS IN MATERIALS AND WORKMANSHIP WHEN USED IN ACCORDANCE WITH THE PRODUCT’S USER MANUAL.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY?
Follicle extends this limited warranty only to the consumer who originally purchased the product. It does not extend to any subsequent owner or other transferee of the product. This warranty is not transferrable.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers original defects in materials and workmanship of products purchased for the Warranty Period as defined below when used in accordance with the product’s user manual. This warranty remains valid if the product is used outside of the United States, but may only be exercised in the country where the product was purchased.
WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use, careless use, misuse, abuse, use outside the customary or traditional use of the product or for anything other than the use the product is designed for; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; (h) purchases of the product from unauthorized dealers, retailers, or resellers; (i) use of the product outside of “normal use”, which is defined as more than two hours within a four hour period using cordless operation; (j) use of parts and accessories other than those produced or recommend by us; or (k) external causes such as accidents, abuse, weather, electrical outages, degradation of the external or internal surfaces due to exposure to chemicals or solvents, power surges or other actions or events beyond our reasonable control. Additionally, this warranty does not apply to any product that has had the serial number altered or removed.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts for six months. The warranty will be extended for an additional 18 months for a total time of two years if the product is registered and you agree to receive firmware updates from Follicle. Please retain the proof of purchase. If you do not have the proof of purchase, the warranty will start 90 days after the date of manufacture, according to our records. Whichever is the applicable time period during which your warranty will run (the “Warranty Period”), the Warranty Period is not extended if we repair or replace the product. However, your warranty will be extended for any time the product is being repaired or retained for work being performed under the warranty. Any parts returned to us will become our property. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge or (b) refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must call 1-855-741-1747 or email our Customer Service Department at firstname.lastname@example.org during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA”) number. No warranty service will be provided without a DMA number.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
The informal dispute resolution procedure detailed in Section 16 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- Products Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations as defined below. You represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export. Products and services may be controlled for export purposes by export regulations, including but not limited to the Export Control Reform Act of 2018 (“ECRA”) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is the permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130), and their successor and supplemental regulations (collectively, “Export Regulations”).
- Acceptable Use. You agree to use the Follicle products and services in accordance with the instructions and warnings in the products and services’ respective user manuals.
- Intellectual Property Ownership. Follicle will remain the sole and exclusive owner of all intellectual property rights (copyrights, patents, trademarks, trade secrets, confidential information, proprietary rights, etc.) in and to each of Follicle’s products and services and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license described in Section 11, below. You do not and will not have or acquire any ownership of these intellectual property rights in or to Follicle’s products or services, or of any intellectual property rights relating to those products or services.
- Software License. To the extent the products you purchase from us include any software, whether separately provided or included as firmware embedded in the products (“Software”), you are granted a limited, nonexclusive, non-sublicensable, and royalty-free license to use the Software in the United States solely for your own personal purposes and solely in conjunction with the use and operation of the products purchased. This license is non-transferable except that you may transfer possession of the Software and this license to another party only in conjunction with the transfer of the products and only upon agreement of the other party to the terms of this license. This license terminates immediately once you no longer rightfully own or possess the products.
- Limitation of Liability.
FOR ANY CLAIM OTHER THAN A BREACH OF WARRANTY CLAIM UNDER SECTION 7 AND TO THE FULLEST EXTENT PERMITTED BY LAW, FOLLICLE WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR PURCHASE AND/OR USE OF OUR PRODUCTS AND SERVICES AND YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TO THE EXTENT PERMISSIBLE BY LAW, FOLLICLE’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE COST OF REPLACEMENT OF THE FOLLICLE PRODUCT OR SERVICE AT ISSUE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin. Although you and Follicle are agreeing to arbitrate any dispute between us under Section 16, below, you agree that any court proceeding arising out of or relating to these Terms, your purchase, or our relationship must be brought exclusively in the State or Federal courts in Wisconsin.
Dispute Resolution and Binding Arbitration.
- YOU AND FOLLICLE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Except as provided in Section 16(d), below, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court in Wisconsin rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR FOLLICLE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction identified in Section 15, above.
- If any provision of this Section 16 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event Section 16(d) is found to be unenforceable, all of Section 16 shall be deemed null and void and of no effect.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to any email address you provide to us, (ii) by posting to the Site, or (iii) by any other commercially reasonable means. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.
- To Us. To give us notice under these Terms, you must contact us by sending a message to the following email address: email@example.com. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email will be effective when you send the email.
- Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.