- WHOLE AGREEMENT
- ORDERS
- PAYMENT
- RETENTION OF TITLE
- DELIVERY AND RISK
- RIGHT TO SUPPLY
- LIMITATION OF LIABILITY
- DEFAULT
- GST
- MISCELLANEOUS
- DEFINITIONS
These Terms and Conditions govern the legal relationship between You (“You" or “Your”) and LEIMO (“LEIMO”, “Us” or “Our”).
1. WHOLE AGREEMENT
a. These Terms and Conditions represent the entire agreement between You and LEIMO and there are no other representations between You and LEIMO.
b. Reference to “associated products” with the LEIMO Personal Hair Laser Starter Kit refers to any combination of the LEIMO Wet products, namely the LEIMO Bio Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub, in any Pack, Program or Kit, which can and may include the LEIMO Hair Treatment Pack, LEIMO Gift Pack and LEIMO Continuity Program.
c. These Terms and Conditions supersede all previous agreements between You and Us.
2. ORDERS
Subject to clauses 4, 5 and 6, LEIMO will supply the Goods to You upon the receipt of an Order from You whether via our Website or otherwise.
3. PAYMENT
a. You must pay Us the Outstanding Amounts in respect of each Order upon the payment terms described in any Order or any Invoice which relates to that Order.
b. If any Order or Invoice does not contain any description of Our payment terms, then You must pay all Outstanding Amounts in respect of that Invoice within seven (7) days of the supply of the Goods which that Invoice relates to.
c. You authorize Us, at Our discretion, to appropriate any money received from You against any Outstanding Amounts which are due and payable by You to Us.
4. RETENTION OF TITLE
In respect of each Order:
a. Property in the Goods will pass to You only when LEIMO has received payment in full of all Outstanding Amounts from You.
b. You agree that until LEIMO receives payment in full of the Outstanding Amounts from You:
i. LEIMO retains title in the Goods and You take possession of the Goods as fiduciary agent and bailee of LEIMO only;
ii. You may not resell the Goods onto any third party;
iii. You may not mix the Goods with any other goods; and
iv. Any Goods which are delivered to You must be separately identified as the property of LEIMO.
c. If any Event of Default occurs, You immediately:
i. Grant LEIMO an irrevocable license, and will assist LEIMO, to retake possession of any Goods which remain the property of LEIMO; and
ii. Will not deal with the Goods in any way without the prior written consent of LEIMO.
d. This clause survives the termination of these Terms and Conditions.
5. DELIVERY AND RISK
a. You assume all risks in respect of the Goods and their delivery from the time LEIMO dispatches them from Our premises or from our suppliers’ premises.
b. Any claims by You that the Goods supplied by LEIMO do not fulfill the Order, must be notified in writing to LEIMO within seven (7) days of the supply of those Goods.
c. LEIMO will not be bound to accept any return of the Goods by You, unless the return is authorized in writing by LEIMO and, only if those Goods are returned to Us at Your expense.
d. If you have purchased any of the LEIMO products, you have read and understood the warnings and cautions contained in the additional information provided. LEIMO will not be bound to any claims made by individuals using or misusing the formulation.
6. RIGHT TO SUPPLY
a. LEIMO reserves the right to accept or decline in whole or in part at any time, any Order made by You for the supply of Goods.
b. Notwithstanding that LEIMO has accepted an Order in whole or in part, LEIMO may, at any time before the fulfillment of that Order, refuse to supply that Order or any part of that Order to You.
c. Each Order is subject to LEIMO having the Goods available to fulfill that Order.
d. You agree that time is not of the essence for delivery; however, time for payment of all Outstanding Amounts is of the essence.
7. LIMITATION OF LIABILITY
a. All manufacturers’ warranties are passed onto You by LEIMO.
b. Other than such manufacturers’ warranties, LEIMO gives You the following limited Warranties & Guarantees:
i. A 12 Month (from date of purchase) Money Back Guarantee (MBG) for the LEIMO Personal Hair Laser is offered if You are not satisfied with Your results within that period. Subject to the conditions stipulated in 7(b)(i)(A) to 7(b)(i)(F), LEIMO will refund You Your purchase price of the LEIMO Personal Hair Laser device less the RRP value of the of LEIMO Wet Products component of the LEIMO Personal Hair Laser Starter Kit, namely the LEIMO Bio Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub.
A. Conditional during the 12 Month MBG period, you must maintain the LEIMO Wet Products treatment regime through purchase and application of the LEIMO Continuity Program and committed and use of the LEIMO Wet Products, namely the LEIMO Bio Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub.
B. During the 12 Month MBG period, you must have purchased a minimum of Eight (8) complete sets of LEIMO Bio Cleansing Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub through the LEIMO Continuity Program and used the products according to label and LEIMO Customer Care advice and direction.
C. Within 14 days of the 12 month anniversary of your purchase, You must contact Us by telephone to arrange a return authorization code.
D. You must send the LEIMO Personal Hair Laser (LPHL) to Us, at your own expense for all freight and insurance, quoting the return authorization code.
E. You must supply Proof of Purchase details for the original LEIMO Personal Hair Laser Starter Kit purchase and the purchases of all the LEIMO Wet Products components, namely all the LEIMO Bio Cleansing Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub purchased during that period.
F. If You comply with above clauses and the LPHL has not, in Our reasonable opinion, been damaged by You and the LPHL is in good and working order, LEIMO will refund you the Purchase Price of the LEIMO Personal Hair Laser device less the RRP component of the LEIMO Wet Products, namely the LEIMO Bio Cleansing Shampoo, Thickening Conditioner, Scalp Therapy, Scalp Serum and Scalp & Body Scrub within 14 Days.
ii. A twelve (12) month return to base repair warranty for defective goods, with the following conditions:
A. You must return the defective Goods to Us within twelve (12) months of You purchasing them;
B. You must contact the Call Center and supply a Proof of Purchase when sending back the Goods.
C. You must send the Goods to Us, at your own expense for all freight and insurance, quoting the return authorization code; and
D. If You comply with clauses 7(b)(ii)(A) to 7(b)(ii)(C) and the Goods have not, in Our reasonable opinion been damaged by You, LEIMO will repair the Goods and return them to You, within thirty (30) days of Our receiving the Goods with a valid return authorization code.
c. Other than the warranties expressly contained in clause 7(b), LEIMO makes no other warranty in relation to the supply of the Goods and You acknowledge that You have not relied on any other representation or warranty made by or on behalf of LEIMO in relation to the Goods or their supply.
d. Any other warranties or conditions implied by law, either by statutory instrument or otherwise, are expressly excluded to the extent that such warranties and conditions in respect of the Goods may be lawfully excluded.
e. To the extent permitted by law, if LEIMO is or becomes liable to You in any manner whatsoever for breach of warranty or in relation to the supply of any defective Goods, then LEIMO’s liability is limited solely to the price paid by You for such Goods, or the cost of their repair or re-supply, whichever LEIMO elects.
f. You acknowledge that You have undertaken Your own inspections and made Your own independent inquiries in reaching Your decision to purchase the Goods.
g. You acknowledge that no warranties and/or representations have been made in relation to the capacity, use, performance, adequacy or suitability of the Goods, other than any representations made in writing by the manufacturer and that You have relied upon Your own inquiries in making the decision to purchase the Goods.
h. You acknowledge that LEIMO has made no warranties that the LEIMO Personal Hair Laser Starter Kit and associated products are without any risk.
i. If You have a pre-existing condition which may be affected by the use of the LEIMO Personal Hair Laser Starter Kit and associated products, You warrant and represent to LEIMO that you have made all of Your own inquiries regarding the use of the LEIMO Personal Hair Laser Starter Kit and associated products in light of Your pre-existing condition.
j. You acknowledge and agree that it is Your sole responsibility to ensure that You are fully informed of and understand any and all risks associated with the use of the LEIMO Personal Hair Laser Starter Kit and associated products and any pre-existing conditions You may have.
k. You will indemnify and hold LEIMO harmless from and against any and all claims which may be made by You against LEIMO, which arise directly or indirectly from Your acts, omissions or negligence in utilizing the LEIMO Personal Hair Laser Starter Kit and associated products in any manner.
8. DEFAULT
a. If You breach any of these Terms and Conditions, You will indemnify and continue to indemnify LEIMO for all Costs associated with remedying Your breach. b. As a result of any breach by You of these Terms and Conditions, interest will accrue on all unpaid amounts and costs at the rate 2% compounded daily from the date of the relevant Invoice.
9. GST
a. Where applicable, All prices for the Goods are inclusive of Value Added Tax such as GST, VAT, etc.
b. If LEIMO becomes liable to pay any Value Added Tax such as GST in respect of any supply made to You pursuant to or in connection with these Terms and Conditions, LEIMO will, upon presenting You with a valid Tax Invoice, charge Value Added Tax at the prevailing rate on the value of any taxable supplies made under these Terms and Conditions.
10. MISCELLANEOUS
a. These Terms and Conditions maybe amended from time to time and it is your responsibility to obtain the current Terms & Conditions at the time of purchase. b. These Terms and Conditions are governed by, and must be construed in accordance with, the laws of Hong Kong Special Administrative Region of China and the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region of China (SAR).
c. Waiver of a breach of or default under these Terms and Conditions:
i. is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these terms and conditions; and
ii. must be in writing and signed by the party granting the waiver.
d. Each party must do all things and execute all further agreements necessary to give full effect to these Terms and Conditions.
11. DEFINITIONS
The following words have these meanings in these Terms and Conditions unless the contrary intention appears:
Costs include all costs incurred by LEIMO in supplying and delivering the Goods to You including without limitation all solicitors’ fees (on a solicitor and own client basis) commercial agents’ commission, freight, insurance, loss of profit and interest and any applicable State or Federal taxes.
Event of Default means that any of the following has occurred:
a. a provisional liquidator is appointed to You or a petition or an application is presented or an order is made or an effective resolution is passed or a meeting is summoned or convened for the purpose of considering a resolution for Your winding up or Your dissolution without winding up or You are placed into liquidation;
b. a receiver or a receiver and manager or an administrator or controller is appointed over You or any of Your assets;
c. an encumbrance takes possession of any of Your property or any part of such undertaking or property; d. You cease or threaten to cease to carry on Your business or You are unable to pay Your respective debts or permit execution to be levied against any of Your assets for an amount in excess of USD $2,000.00 and such execution is not stayed or satisfied within fourteen (14) days;
e. You enter into any arrangement, reconstruction or composition with any of Your creditors or propose to do so;
f. You charge, mortgage or otherwise encumber all or any of Your assets or purport to charge, mortgage or otherwise encumber those assets;
g. in the sole opinion of LEIMO, You are carrying on a business at a loss and further prosecution of such business will endanger Your ability to repay any monies owing to Us;
h. pursuant to the provisions of the Corporations Law, You are placed under official management or a meeting is summoned or other steps taken for the purpose of placing You under official management or appointing an official manager pursuant to the Corporations Law or if any person is appointed or proposed to be appointed under the Corporations Law to investigate Your affairs;
i. without limiting the operation of the events referred to in paragraphs (a) to (h) above, You propose or enter into some other form of insolvency or administration whether voluntary formal or informal;
j. an event or series of events, whether related or not, or whether as a result of Your fault or not, results in any material adverse change in Your financial condition which has or is in the opinion of LEIMO likely to have a material and adverse affect on Your ability to repay any money that You owe to LEIMO;
k. You default in the performance of any of Your obligations under these Terms and Conditions; or
l. if You are an individual, any act of bankruptcy by You.
Goods means any goods supplied by LEIMO to You, as described in the relevant Order or Invoice.
Invoice means any invoice for the Goods supplied to You by LEIMO.
Order means any order for Goods placed by You with Us.
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