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Terms & Conditions

POINTARO GROUP AG

EFFECTIVE DATE: 1/1/2018

LAST UPDATED DATE: 2/14/2019


INTRODUCTION

Please make sure that you have read and understood these terms of use when using our site. The present Terms of Use Agreement (hereinafter “the terms”) governs your purchases from, and your use of, the www.timcarli.com website (hereinafter “the website”) and forms a contract between you and Pointaro Group AG (hereinafter “Tim Carli”). By accessing, browsing, making a purchase from and/ or using the website or any website with links to this agreement in any way, and by clicking an “I accept” or similar button, you indicate that you have read, understood and agree to be bound by the terms.

Note further that the Terms are subject to change by Tim Carli in its sole discretion at any time. When changes are made, Tim Carli will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website. Tim Carli may require you to provide consent to the updated Terms before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s).

Note further that if you do not agree to be bound by the terms, you may not access or use the website.

HAIR COLOR DETECTOR

TERMS OF USE

The hair color detection results are not 100% accurate. It is a tool to assist you in the hair color selection process. Therefore, use the hair color detection tool at your discretion. Tim Carli is not responsible for the purchase of a wrong hair color based on the hair color detection results. For more information, refer to our Returns and Exchange Policy.

OTHER APPLICABLE TERMS

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us also applies to your use of our Site. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

REGISTRATION & USE

To use certain features of the website, you must become a Registered user. For the purposes of the terms, a “registered user” is a user who creates and holds an account with Tim Carli, by either registering directly with Tim Carli through the website, or by logging into the website via the user’s social networking service account (“third party account”).

Please note you are responsible for all activities that occur under your Account, including (i) maintaining the security of your account and password; (ii) restricting access to your account; and (iii) keeping your account email address current. You are solely responsible for all activities, including without limitation, all purchases of products on the Site and posting of Submissions, that occur under your account. You shall notify Tim Carli immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session.

Furthermore, you agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the website if you have been previously removed by Tim Carli, or if you have been previously banned from any of Tim Carli Properties.

If you provide any inaccurate information or if we have reasonable grounds to believe as such, we reserve the right to review, suspend or terminate your Account and refuse your current or future use of the website.

THIRD PARTY ACCOUNTS

By logging in with your Third-Party Account, you grant us access to your Third-Party Account. Moreover, you represent that granting us access to your Third-Party Account is without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. Furthermore, by granting Tim Carli access to your Third-Party Account, you understand that we may access, make available and store (if applicable) any information, photographs, and/or other materials that you have provided to your Third-Party Account so that it is available on and through Tim Carli via your Account.

Unless otherwise specified in the Terms, all content acquired through your Third-Party Account shall be considered to be your Content for all purposes of the Terms. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on the website.

Please note that your relationship with the third-party service provider associated with your third-party account is governed solely by your agreement(s) with such third-party service provider, and Tim Carli disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such third-party account.

PERSONAL INFORMATION

When shopping with Tim Carli we will save some of your data to fulfill your purchase. Tim Carli may also use cookies, for example in order to improve your experience of the website. While we try to make sure our Site is secure, we cannot guarantee the security of any information you supply to us. For this reason, any material you upload to our Site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

You can read more about how we use personal data and cookies here: https://www.timcarli.com/privacy-policy/.

VIRUSES, HACKING AND OTHER OFFENCES

You shall not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You shall not attack our Site via a denial-of-service attack or a distributed denial-of service attack or any other cyber-activity that will harm our Site.

We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE WEBSITE

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have expressly permitted you to do so in writing.

We reserve the right to withdraw linking permission without notice.

TERMINATION

Tim Carli reserves the right to terminate your account and/or your use of the www.timcarli.com website at its sole discretion. For example, if Tim Carli suspects that you have breached this terms of use. Such termination can be made without prior notice.

ORDERS

PRODUCTS

Tim Carli has the right to adjust prices, involve additional costs and change product information such as product pictures and offers without notice. The product images and information texts available reflect the product as much as possible. We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the hair. The pictures may differ depending on the color settings in your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.

CONFIRMATION

It is important that you enter the correct email address when placing your order. Once we have received your order we will send an electronic invoice to your email address as a confirmation of your purchase. If you do not receive an email from Tim Carli confirming receipt of an order that you placed, then please contact the Tim Carli Customer Service department at https://timcarli.com/contact-us before you attempt to place another order for the same merchandise. Please note that the order confirmation (receipt) also serves as guarantee of proof of purchase.

ISSUES AND ERRORS

Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly described, pictured or priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our site, we will at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

Tim Carli reserves the right to deny any order for any reason, including where the following situations arise:
(i) Inadequate or erroneous information or mistakes in billing, payment, and/or shipping information;
(ii) Problems with processing orders owing to to erroneous information that you have provided, which includes, but is not limited to incorrect billing informations or other incorrect information regarding payment types;
(iii) Suspected fraudulent information; or
(iv) Postponed shipment, erroneous information on the website or unavailability of the product(s).

Note further that if a product is delayed out of the Tim Carli fulfillment center or becomes unavailable, or if there is an error on the Website pertaining to the order (e.g. an error pertaining to the price and/or description of merchandise), then Tim Carli may cancel the order. If this occurs, then Tim Carli will contact you so that you are aware of the situation.

PROMO CODES

We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit or coupons in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code and coupon basis (“Promo Codes”). Promo Codes may only be used once per person and must be entered during the checkout process to be valid. Only Promo Codes sent to you through official Tim Carli communication channels are valid. You agree that Promo Codes:
(i) Must be used for the intended audience and purpose, and in a lawful manner;
(ii) May not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;
(iii) May be disabled by us at any time for any reason without liability to us;
(iv) May only be used pursuant to the specific terms that we establish for such Promo Code;
(v) Are not valid for cash; and
(vi) May expire prior to your use.

PAYMENT

You may pay with either credit or debit cards. By providing Tim Carli with your credit card number and associated payment information, you hereby authorize Tim Carli to immediately charge your credit card for all fees and charges due and payable to Tim Carli hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Tim Carli of any change in your billing address or the credit card used for payment hereunder.

In the event that no payment has been received after submitting your order, Tim Carli may automatically cancel your order. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement such dispute will be deemed waived.

SPLITIT PAYMENT

You agree to pay the total purchase price for the hair goods acquired from Tim Carli in the amount notified to Splitit USA Inc. Payment will be made by you authorizing Tim Carli to charge your credit in equal monthly installments as set forth in the Authorization agreement for each month until paid in full. The authorization will be in the agreed form issued by Tim Carli. You acknowledge and agree that this Customer’s Terms and Conditions supplements the Authorization and the agreement with your Card issuer and governs the agreement with respect to the payment of the Purchase Price using the services of Splitit.

You agree that Tim Carli may obtain authorization on your Card for the full amount of the Purchase Price at the time of sale. Installment payment, as agreed, Tim Carli may obtain authorization on your Card each month for the Installment and the entire remaining balance of the Purchase Price. You understand that this authorization will remain in effect until you pay all outstanding Installments. Tim Carli may obtain authorization on your Card only for each monthly installment on a month by month basis.

You agree that for deferred payments, Tim Carli may obtain an authorization on the full amount of the Purchase Price and such authorization shall be adjusted monthly and/or in accordance with the deferral, to account for the terms of the agreed payment agreement until all payment of the Purchase Price in full.

You acknowledge the authorizations allowed hereunder may adversely impact your available credit on your Card. The pending authorizations may temporarily overlap on your Card, further reducing the amount of available credit during that time period. You agree that Tim Carli is not liable for any adverse consequences to you as a result of such authorization.

In the case of a card authorization being rejected for any reason, you understand that Tim Carli may process the Card for authorization again.

In case of refusal of a card payment or authorization, or a card chargeback by you or your issuer, Tim Carli or Tim Carli’s affiliates may pursue collection actions against you for the remaining Purchase Price including process the Card for the full remaining balance.

Payment Default

Any payment not paid when due will be charged interest at the Annual Percentage Rate stated in the your Card agreement and disclosure statement until fully paid. To the extent applicable, you agree that any Installment amounts due on the Purchase that have been charged to your Card and not paid when due or if the statement balance is not paid in full when due, pursuant to your agreement with your Card issuer, you will be charged interest at the Annual Percentage Rate stated in the Issuer’s Disclosure Statement, or under other applicable law or regulation, until the Installments are fully paid.

If your card Issuer fails to pay a payment for any reason, or fails to re-authorize any authorization for the outstanding balance of Purchase Price, Tim Carli, may charge your Card at any time for the full outstanding Purchase Price after 7 days notice to your email.

Information Changes

You agree to notify Tim Carli and Splitit, in writing via support@timcarli.com and support@splitit.com, of any changes to your Card, account information or termination of this authorization. Splitit will update such information and process such requests within 30 days after receipt of notification. You understand that the payments may be authorized and charged on the next business day after notice of change. You further understand that because these are electronic transactions, any authorizations and charges may be immediately posted to your account.

TAXES

All prices shown on the Tim Carli website include VAT, in accordance with the applicable legislation.

DELIVERY

Tim Carli ships solely to the United States of America & Canada. Deliveries are made in cooperation with postal services and their partners.

TRANSPORT DAMAGE

Any complaints about delivered goods shall be made to our customer service through our contact form on the contact page. If your product is damaged when delivered, you should (without delay and no later than 48 hours after delivery) contact us and the delivery company. You will need to inform us what damage there is and also let us know the case number of the delivery company’s claim form. We will naturally send you a new product to replace the damaged one. If the item has been discontinued, the customer will receive a full refund. In the case that a returned product has no errors or faults, Tim Carli will send the product back to the customer.

For more information about our shipping policy, refer to the Shipping Page.

RISK AND TITLE

The products will be at your risk from the time of your acceptance from the carrier. As such, it is important that you carefully check your goods / products when you receive your shipment in order to verify that the products are not damaged and correct. If your product is damaged in transport, whether the damage is visible or hidden, you must report this as soon as possible to the carrier. If you receive your item and see that it is damaged or does not match the one you ordered, you shall also contact us within 30 days from receiving the product. Please note that you will need someone to sign for and accept delivery of the products. Ownership of the products will only pass to you when you receive your order confirmation email which will also serve as a receipt of your completed purchase.

RETURNS AND CANCELLATIONS

You have the right to cancel purchases and return delivered goods in accordance with our refund policy, available at www.timcarli.com/returns. Your right applies only in the case that the product and its original packaging can be returned in the same condition as when received. If consumers use their right to send back an order they should contact Tim Carli in order to get an address to send the goods to. Return shipping is paid by Tim Carli. If you live in a geographical area where the postal service does not offer returns, you may be obliged to pay for the return shipping. If an item is damaged during transport, Tim Carli should be contacted within 30 days for information about compensation. Please note that expedited shipping costs are not covered by Tim Carli and can not be refunded if you return your item.

LIMITATION OF LIABILITY

Tim Carli’s responsibility for errors in connection to delivery is limited to existing conditions of sale. Tim Carli bears no direct or indirect responsibility for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work or other economic harm.

Note that to the fullest extent permitted by applicable law, you understand and agree that in no event shall the Tim Carli group or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (i) loss of profit, (iii) loss of business, (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the Site, any sites linked to it and any materials posted on it, even if Tim Carli has been previously advised of the possibility of such damage. Nothing in these terms of use shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be waived or limited under applicable law.

Furthermore, to the maximum extent permitted by applicable law, our aggregate cumulative liability to you arising out of or related to Tim Carli properties shall in no event exceed the greater of (a) the amount received by Tim Carli as a result of your use of Tim Carli properties or (b) one hundred dollars ($100). You and Tim Carli agree that any cause of action arising out of or related to the terms, Tim Carli properties or any content posted on Tim Carli properties must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tim Carli and you. The laws of some states do not allow for the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you and you might have other rights.

FORCE MAJEURE

Tim Carli shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new / amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.

GOVERNING LAW AND JURISDICTION

These terms and your use of the www.timcarli.com website are governed by Swiss law. To the extent permitted by law, Switzerland courts shall have exclusive jurisdiction of any dispute arising from these terms of use and your use of the website, subject to Tim Carli’s right to prosecute a user at his/her place of residence.

INVALIDITY

If any provision of these Terms of Use are held to be invalid, illegal or unenforceable in any jurisdiction, the same will not affect the effectiveness or validity in other jurisdiction or the effectiveness of any other provision herein.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as trademarks and copyright, on the website and in the material published on it are owned by Tim Carli. Any use of the site or its content, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Tim Carli.

Furthermore, the rights granted to you in the terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Tim Carli content or properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Tim Carli content (including images, text, page layout or form) of Tim Carli; (c) you shall not use any meta tags or other “hidden text” using Tim Carli’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Tim Carli content except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not access Tim Carli content in order to build a similar or competitive website, application or service; and (f) except as expressly stated herein, no part of Tim Carli content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

USER SUBMISSIONS

By making any Submission to the Site, you agree that such Submission does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary right(s). In addition, to the extent that any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Tim Carli a transferable, non-exclusive, worldwide, royalty-free license to use such Personal Rights for any advertising or marketing of Tim Carli products in any medium. You agree to indemnity and hold harmless Tim Carli and its affiliates and their respective officers, directors and employees against any losses, liabilities, claims and expenses (including attorneys’ fees) arising out of your account, your use of this Site, your Submission and any Personal Rights contained therein. You further agree that your Submission to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submission you submit. You agree that Tim Carli may use and/or disclose information in your Submission consistent with the terms of the Privacy Policy.

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