THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE SUCH AS FEATURES, CONTENT, TRADEMARKS, APPS, WIDGETS OFFERED OR ANY PURCHESES MADE THROUGH THIS WEBSITE.
TIBOLLI, LLC. ("TIBOLLI”) formerly known as Van Tibolli Beauty Corp (VTB) grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork and other written / visual materials, Trademarks, Copy rights appearing on the GKhair / VanTibolli / TIBOLLI Professional websites (the "Images/Files") in accordance with the terms and conditions of this license agreement ("License"). The Distribution Agreement which you have entered into with TIBOLLI, pursuant to which you have been authorized to sell TIBOLLI products (the "Distribution Agreement"). Capitalized terms used herein shall have the meanings ascribed to them in the Distribution Agreement, unless the context otherwise requires.
You recognize and acknowledge that (a) TIBOLLI is the owner of all rights, title and interest in and to the Images/Files in any and all forms thereof, and TIBOLLI is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the Products, (b) all rights in and to the Images/Files/visuals are and shall remain the sole property of TIBOLLI, (c) your rights to use the Images/Files shall be governed by this License Agreement and the Distribution Agreement, and in the event of a conflict between the two agreements, the terms of this License Agreement shall govern, (d) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of TIBOLLI. Your use of the Images/Files will be in compliance with any rules or guidelines established by TIBOLLI in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to TIBOLLI or to any of its affiliates.
During the term of the Distribution Agreement, TIBOLLI authorizes the Distributors to use the Images/Files in the Territory on or in relation to the Products for the sole purpose of exercising your rights and performing your obligations under the Distribution Agreement and only in such form and manner as are specifically approved in writing by TIBOLLI, in its sole discretion, and for no other purpose. TIBOLLI may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the Distribution Agreement.
YOU MAY NOT
- Use any image/file unless explicitly permitted by this License;
- Duplicate any image/file thereof, for backup/archival purposes;
- Sublicense, rent, lease, sell, lend or distribute the image/file to any third-party;
- Use any image/file in electronic format, whether for online or offline purposes or in any other multimedia applications unless the image/file is incorporated for viewing purpose only. No permission is granted to any third-party to download or save the image/file;
- Transfer this license to any other individual, business or legal entity;
- Use, permit the use of, or attempt to register the images/files as a trademark or service mark which could result as infringement of right of publicity or other intellectual or proprietary right of any party;
- Claim any proprietary rights of any kind with respect to the Images/Files or seek to register the copyright in or to the Images/Files;
- Use any image/file in association with identifiable individuals, identifiable products or identifiable entities, except with the prior written permission of TIBOLLI or pursuant to the terms of this License or the Distribution Agreement;
- User should not upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;
- Create scandalous, obscene, defamatory or immoral works that incorporate the images/files;
- Use the Images/Files in connection with any product or service offered or sold by a competitor of TIBOLLI; or
- Use the Images/Files for any purpose prohibited by law.
The term of this License shall continue throughout the term of the Distribution Agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the Distribution Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the Distribution Agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the Images/Files of GKhair content. Notwithstanding the foregoing, you shall immediately cease any use of the Images/Files (or such portion thereof as TIBOLLI shall designate) upon your receipt of notice from TIBOLLI that your rights to use the Images/Files (or a designated portion thereof) have terminated for any reason whatsoever.
THE IMAGES/FILES ARE PROVIDED AND LICENSED BY TIBOLLI ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXCLUSIVITY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES/FILES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TIBOLLI HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR EXPENSES ARISING OUT OF THIS LICENSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR EXPENSES FOR ANY: LOSS OF USE; LOST PROFITS; LOST BUSINESS; LOST OPPORTUNITY, LOST DATA; COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND, BUSINESS INTERRUPTION) WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND WHETHER OR NOT TIBOLLI OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR EXPENSE . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS TIBOLLI, ITS PARENTS, SUBSIDIARIES, AFFILIATES ("TIBOLLI ENTITIES"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, SUITS, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) INCURRED BY THE TIBOLLI ENTITIES, ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS LICENSE; (B) YOUR USE OF THE IMAGES/FILES; OR (C) YOUR VIOLATION, ALLEGED VIOLATION, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADEMARK, COPYRIGHT, PATENT, TRADE SECRETS) OR NON-PROPRIETARY RIGHT OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, DEFAMATION, LIBEL, VIOLATION OF PRIVACY OR PUBLICITY). YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS INDEMNITY SHALL BE DEEMED TO APPLY TO, AND EXIST FOR THE BENEFIT OF, TIBOLLI AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS.
This License and the Distribution Agreement constitute the entire agreement between you and TIBOLLI, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. You may not assign this License without the written permission of TIBOLLI, however TIBOLLI may assign this License at any time. Neither any failure nor any delay on the part of either party hereto in exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise or any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. This License shall be governed by, and construed in accordance with, the laws of the Puerto Rico USA (excluding any conflict of laws, rule or principle that might refer to the laws of another jurisdiction). You agree that, except as set forth below, all actions, claims, disputes and proceedings arising in connection with this License, your obligations hereunder or any alleged breach hereof, shall be tried and litigated solely and exclusively in the state or federal courts located in the Puerto Rico. You further agree that you shall be subject to personal jurisdiction in the Puerto Rico and consent to any and all actions or proceedings brought therein arising out of this License, your obligations hereunder or any alleged breach hereof. The aforementioned choice of forum clause is intended by the parties to be mandatory and not permissive in nature thereby precluding the possibility of litigation between the parties in any other forum or jurisdiction; provided, however, that nothing contained herein shall preclude TIBOLLI from bringing an action or proceeding in any jurisdiction seeking an injunction or other equitable relief against you. You hereby waive any right that you might have to assert that any litigation between the parties should be maintained in a different forum or jurisdiction for any reason including, without limitation, based on the doctrines of forum non-convenience or improper venue, or any similar theory.
Each order is shipped within 3 to 7 working days. GKhair products can be shipped anywhere around the world. Your order will be delivered to the shipping address provided through your registration on GKhair.com
Shipping in the US
The shipping cost will vary from state to state. Shipping cost will be determined on three parameters.
- Address (Residential Addresses constitute additional charges)
All shipping will be delivered by FedEx courier service.
For shipping outside United States standard-shipping rates will be applied depending on the destination country.
An email will be sent to user when he/she purchases an item from GKhair.com. The email will comprise an order status to track your order status by regularly visiting the website.
Expected Time to receive:
The Maximum time to deliver a product to the Customer is 7 working days after approval of payment.
To get a full product refund due to damaged goods bought from GKhair.com, the company must be informed within 2 days of the product delivery date by sending a product photo and clarification of the issue to email@example.com
Please note the following for return policy:
- Product damaged by the customer will not be eligible for return
- Refunds will only be processed when the item is received by GKhair.com
- Refunds will only be proceeded on furnishing of original receipt issued by GKhair.com
- Once returned product is received, the refund will be made to the customer’s credit card.
- All other costs incurred for shipping / returns will be borne by the customer/ Distributor.
Frequently Asked Questions
1.I finished my first purchase and received a confirmation SMS/Email. What should I do?
Well done on your first purchase with GKhair.com. Unless prompted, you need not to respond, reason you will receive an email is to guarantee you are able to track your order with the order ID.
2. It has been more than 3 to 7 days and my Order is still not received! Where is it?
3 to 7 business days is the typical time required for receiving an item bought on GKhair.com. Unfortunately, delays might occur for some many reasons, and for that, we apologize. Causes for this can comprise, but are not limited to:
There could be extraordinary volumes in delivery from the Courier Company or other unexpected delivery schedule issues, and even at times delays from the buyer side such as missed communication to approve purchase or to schedule a delivery time among other things.
If you have any concerns, you can reach our Customer Service Team through the Contact Us page via the inquiry form or Contact Centre (+13053900044). We are always here at your service to support you.
3. I am still concerned! What would happen if my item gets lost?
If the shipping carrier misplaces the shipment then we would resend the order immediately upon receipt of confirmation.
4. Come on now, it’s already more than 10 business days now, what is happening?
TIBOLLI works with standard shipping carrier's and from time to time the company is subject to irregular weather patterns that may affect delivery time. For more information about your delivery time visit Fedex.com (Or shipping carrier reference number providing delivery solutions to your country)
5. Okay, this is not what I ordered?
No worries! We will assist you in correcting that. Also as a GKhair.com shopper you do possess the right to return an item within three (3) days, even if it is the exact same item you have ordered - as long as it meets our return policies specifically being in the similar condition received and with the original packing unbroken.
6. What happens if I would like to return item after three (3) days?
Yes, you can - if your item is defective or not satisfactory due to a product defect as it is meant to - then you can still return the item and we will arrange a pickup to be returned to the seller and get your money refunded. To do so please contact our Customer Service Team through email to firstname.lastname@example.org or Contact Centre (+13053900044). We are always here at your service to support you.
7. Do I acquire the full total returned/refunded to me for a Returned item?
Shipping fees will be subtracted from the amount, but you will obtain a refund for the balance. This fee will be waived if the new order is made at the time of the return authorization or item was not satisfactory.
If it is a return as you have just changed your mind then the shipping fees will be paid by the customer. We will just refund you the amount paid for the item.
8. I am still not comfortable with my personal information – What happens then?
Regrettably, it is obligatory at times, and in the case of Credit Cards, we merely ask for the information of the credit card.
9. I filed my complaint and communicated with your Customer Services and nothing has happened yet?
You are requested to please check your SPAM email folder to make sure you are not missing on replies from our Customer Service. Alternatively, you can contact GKhair directly by calling +1 305-390-0044 or email at email@example.com.