Welcome to the E-COMMERCE WEB SITE of Eclectic Vision. Our web site focuses on the sale of products to include: laboratory, healthcare, medical and safety products. We sale to businesses and other entities via the Internet. In order to help make our Web Site a trustworthy and safe place to buy products, any user of our service is required to accept and comply with our Web Site User Agreement, which includes acceptance of, and compliance with, all of the terms and conditions provided herein. This Web site provides an Internet-based option for the sale and purchase of products distributed by Abstract a Hair Salon and manufactured by leading suppliers who serve as our supply partners. This Web Site User Agreement explains the contractual agreement between you and us regarding your use of our Web site, as well as the terms and conditions applicable to your purchase of products resulting from use of our Web site. This shall be known as the Terms of Use.
Any questions regarding the Terms of Use of this agreement should be directed to Eclectic Vision by calling 1-216-274-1110. We reserve the right to amend our Web site from time to time, and we will advise our customers of any amendments by publishing the amended terms on the Web site. Amended Terms of Use shall be effective upon the date of publishing, and shall apply to your use of our Web site for purchase of products beginning with the date the new and updated information is published. We may at our discretion, add, delete, modify or substitute products offered on our Web site. Product pricing and product selection shall at all times be determined by Abstract a Hair Salon. By using our Web site and agreeing to the terms herein make you legally bound to all of the terms and conditions set forth in this Web Site User Agreement.
Eligibility and Registration
Access to our Web site for purchasing is available only to a registered user who represents a business and their authorized employees, agents or contractors. A Web site registration is required and is limited to those individuals who have authorization to participate on behalf of the business in legally binding contracts under applicable law. Abstract a Hair Salon reserves the right to refuse any one at any time. Although a registration can be rejected, all registering individuals shall be notified of successful registration or registration status via email confirmation.
User Name and Password Security
It shall be your responsibility to create and maintain the confidentiality of any user name and “Secure” password as “You” determine. Your password cannot be shared with third parties nor may you use your password for any unauthorized purpose. You shall be held responsible and liable for all activities that occur under your password. If your believe your security has been breached, it shall be your responsibility to notify Eclectic Vision immediately of any unauthorized use of your password. At the conclusion of all sessions, you are to “Successfully Log–off.” Abstract a Hair Salon will be held harmless for your inability to comply with these requests.
Use of Our Web Site
This Web Site is to be used exclusively for making purchases that are for sale on this Web site and for placing orders. All products on this Web site are protected by our suppliers and manufacturer’s patents and copyrights. We will maintain our Web Site, and therefore, we do not guarantee always the 24/7 continuous and uninterrupted use of our Web Site. You must agree not to use any, software or any “hacking device” to interfere with or attempt to interfere with the operation of our Web site.
Secured Financial Information
Registration of your financial information shall be stored in a secured database. Eclectic Vision will make every effort to ensure that all data transmitted containing personal or financial information are encrypted and are protected by firewalls.
Warranty Disclaimer
ECLECTIC VISION’S WEB SITE, SERVICE AND ALL INFORMATION MADE AVAILABLE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT. ECLECTIC VISION AND ITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT THAT THE WEB SITE, THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON ITS WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. OUR SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY THAT OUR WEB SITE OR THE SERVICE WILL MEET CUSTOMERS' REQUIREMENTS. IF A CUSTOMER IS DISSATISFIED WITH OUR WEB SITE OR THE SERVICE, ITS SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM ABSTRACT A HAIL SALON AND ITS SUBSIDIARIES AND AFFILIATES OR THROUGH USE OF THE WEB SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY PURCHASER. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEB SITE OR THE SERVICE IS DONE AT THE CUSTOMERS’ OWN DISCRETION AND RISK. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM MIDTOWN SCIENTIFIC OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR THROUGH OR FROM THE WEB SITE OR THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT ECLECTIC VISION. AND ITS SUBSIDIARIES AND AFFILIATES (INCLUDING SUPPLIERS) SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY CLAIMS AGAINST PURCHASER OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR USE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABSTRACT A HAIL SALON OR ANY OF ITS SUBSIDIARIES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEB SITE, ANY SERVICES OR INFORMATION, INCLUDING: (i) THE USE OR THE INABILITY TO USE THE WEB SITE, INFORMATION OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS AND SERVICES RESULTING FROM ANY ITEMS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION; (iv) INFORMATION OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEB SITE OR THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE PROVIDED. IN NO EVENT SHALL THE TOTAL LIABILITY OF ECLECTIC VISION AND ITS SUBSIDIARIES AND AFFILIATES TO A PURCHASER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEB SITE EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS ($100.00) OR, IF THE CLAIM IS RELATED TO THE PURCHASE OF A PRODUCT, THE AMOUNT PAID BY PURCHASER FOR THE APPLICABLE PRODUCT. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY AMONG OTHER THINGS TO ANY THIRD-PARTY CLAIMS AGAINST PURCHASER.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Content and Links
Eclectic Vision’s Web site contains links and a pointer to other Internet Web sites, resources, suppliers and sponsors of the Eclectic Vision's Web site. Links to and from the Web site to other third party sites, maintained by third parties, do not constitute our endorsement. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Web site. You acknowledge that any reliance upon any opinion, advice, statement, memorandum, or information is not invited or encouraged, and shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Web site.
Indemnification
You shall defend, indemnify and hold harmless Eclectic Vision, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities and judgments, and fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (i) your use of the Web site or the Service or any Information; (ii) any breach or violation of this Agreement by you, including without limitation, any breach of any of your representations, warranties and covenants herein; or (iii) the violation of any rights of another resulting from or relating to your use of our Web site or the Service.
Order Placement, Sales Policy and Charges
SALES POLICY: Identification is required from all Purchasers.
ANY AND ALL PRICES herein are subject to change without notice.- QUOTATIONS: Prices on large quantities or items not found in our catalog are available on request. Contact a Abstract a Hair Salon Customer Service Representative at 216-229-2222 for assistance.
- SALES TAX: Eclectic Vision is required to charge state and local tax on items sold to Purchasers in Wisconsin, Illinois, Connecticut and New York for which sales tax exemption certification has not been provided. When ordering, please indicate clearly which items are tax exempt.
- PAYMENT TERMS: For purchasers with established credit, terms are net 30 days from date of invoice. If credit is not established, please include payment with order or purchase and shipping through American Express, Visa, MasterCard or Discover. Cash or anticipation discounts are not allowed. All payments must be in US dollars.
- CREDIT BALANCE: Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND ABSTRACT A HAIL SALON SHALL HAVE NO FURTHER LIABILITY.
- FREIGHT POLICY: Purchaser hereby acknowledges and agrees that all Products ordered on our Web site shall be drop shipped by the applicable manufacturer or other supplier using our authorized carrier or a carrier authorized by the applicable manufacturer or supplier (the "Designated Shipper") and delivered to Purchaser’s designated delivery location, FOB Destination. Abstract a Hair Salon and its suppliers cannot ship to post office boxes. FREIGHT IS PREPAID AND ADDED TO CUSTOMER'S INVOICE ON ALL ORDERS, unless otherwise stated. Shipment is made to customer's place of business anywhere in the contiguous United States, using routing of our choice. Any extra charge incurred for additional services, such as customer's carrier or special handling at the destination, must be paid for by the customer. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to customer on delivery to the common carrier.
- CLAIMS: If product was damaged in transit, please note the damage on the delivery receipt and obtain an inspection report from the truck line immediately. Then, contact Abstract a Hair Salon at 216-229-2222, or email us at contact@abstractahairsalon.com.
- SHIPPING HAZARDOUS PRODUCTS: Products considered hazardous for shipping will require special packaging, handling, and additional hazard shipping charge. For specific details and charges, call 866-687-5600.
- OSHA HAZARDOUS SUBSTANCE PRODUCT INFORMATION: For your convenience, Material Safety Data Sheets (MSDS) are enclosed with all orders that require an MSDS under the Hazard Communication Standard (1910.1200). If you would like a Material Safety Data Sheet before you order, you can request one by calling 216-229-2222.
The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. We make no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. We disclaim any and all liability to any user thereof. Registering on our Web site is free to eligible Purchasers. Purchaser may purchase any of the Products provided on the Web site at the prices designated on the Web site by selecting Products for purchase and completing our electronic order form (an "Order"). Abstract a Hair Salon charges Purchasers according to the terms of your written contract with Abstract a Hair Salon, or, in the absence of any such contract, according to Distributor's practices from time to time for shipping and handling costs and applicable sales taxes. All charges for Products ordered are displayed to the Purchaser on the pending Order prior to placement of the Order by Purchaser. Abstract a Hair Salon expressly disclaims any representation or warranty concerning "most favored customer" pricing in connection with the sale of any Products by Abstract a Hair Salon to Purchaser.
- Although Eclectic Vision has attempted to ensure that the inventory availability of Products is properly designated on the Web site for many Products, Purchaser acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. If an Order cannot be shipped in its entirety by the close of business the day following placement of the Order, Eclectic Vision will promptly notify Purchaser, and provide an estimated shipment date for those items which are unavailable. Eclectic Vision reserves the right to substitute alternate products with equivalent specifications for those ordered. Purchaser shall have the right to return any substituted products at no charge by following the return goods policy as stated herein. Eclectic Vision further reserves the right to make delivery in installments for those items of an Order, which are available for immediate shipment, and to bill Purchaser separately for any such items delivered. Purchaser may cancel those items on the Order that are subject to the delay by notice to Abstract a Hair Salon within 48 hours of receipt of the delay notification, provided that such Products have not yet been shipped. If Eclectic Vision receives no such notice of cancellation, the estimated product availability and shipment date will be deemed accepted. The foregoing sets forth Our entire obligation with regard to Product availability and shipment delays. Eclectic Vision shall not be liable for any late shipment or any failure to ship any Product(s).
- Tracking
Upon issuance of an Order by Purchaser for Products on the Web site, Eclectic Vision shall immediately generate a tracking number and notify the Purchaser and the Supplier(s) of the logistical information associated with pickup and delivery of the Product(s) by the Designated Shipper. You may track the status of shipments relating to any Order you place using the tracking number on our Web site.
- Installation
For equipment installation, and within its facilities in accordance with applicable installation specifications and procedure, Purchaser shall assure safe and clean environment. Purchaser shall furnish all labor required to place the Products in the desired location. Eclectic Vision, their assign or the manufacturer, as applicable, shall install the Products in accordance with their customary procedures.
Product Acceptance
Immediately upon receipt of Products shipped, Purchaser shall inspect the Products and notify Eclectic Vision in writing of any claims for order or shipping errors, shortages, defects or damages and shall hold any such goods for Eclectic Vision’s written instructions concerning disposition. If Purchaser fails to notify Eclectic Vision within five (5) days after receipt of Products, the Products shall conclusively be deemed to conform to the terms provided herein and shall be irrevocably accepted by Purchaser.
Payment for Products Ordered
Eclectic Vision shall automatically charge Subscriber's account for all Orders. In the event Purchaser does not have an account with a chargeable balance adequate to cover the Order amount, Eclectic Vision shall charge the Order to the credit card account authorized by Purchaser. The amount of payment due shall be that amount reflected in each Order at time of Order placement by Purchaser, comprised of the price of Products ordered at the time of Order placement, applicable shipping charges, and applicable taxes reflected in the Order. Unless otherwise agreed to by Eclectic Vision in a written contract with Purchaser, payment shall be due promptly upon the provision of ordered Products to the Designated Shipper at Supplier's shipping point. Abstract a Hair Salon reserves the right to collect interest at a rate equal to the highest applicable lawful interest rate on invoiced amounts not paid within thirty (30) days of invoice date, with interest to accrue monthly until full payment is received. All payments will be made in U.S. Dollars.
Incomplete Transactions and Cancellations of Orders
Termination Prior to Shipment
Purchaser may cancel an order prior to pickup by Designated Shipper at Supplier's shipping point. In such case, no payment will be due Eclectic Vision.Termination Subsequent to Shipment and Prior to Acceptance
Subsequent to pickup by the Designated Shipper, but prior to Acceptance of Products, as provided above, Purchaser may cancel an Order by contacting Eclectic Vision within the five (5) day Acceptance Period provided above. Eclectic Vision will provide Purchaser with disposition instructions, and may charge the Purchaser for shipping expenses and restocking fees. After the Acceptance Period has expired, Product returns shall be governed by the warranty and return policies set forth below.Product Returns
All returns, replacements, technical services and support shall be handled by Eclectic Vision’s customer service organization as follows: a) Products described below may be returned to Eclectic Vision within 30 days for replacement or adjustment. b) To assure prompt handling, Purchaser must obtain a Return Materials Authorization ("RMA") from Eclectic Vision and reference this number on return shipping documents. c) Returns made without the RMA Number will be returned to Purchaser, freight collect. Eclectic Vision reserves the right to reverse any credit issued to Purchaser:
for any Product not returned after authorization and requested by Eclectic Vision; or, if, upon return, such Product is determined by Eclectic Vision not to be defective. Abstract a Hair Salon will grant full credit for Products not supplied in accordance with Purchaser’s orders; and Products which are defective at the time of receipt by the Purchaser. Eclectic Vision will grant partial credit for Products ordered in error, with the exceptions noted below. c) Product returns for Products ordered in error are subject to a 15% restocking charge plus any applicable charges for necessary inspection, reworking or refurbishing, or for items not normally cataloged by Eclectic Vision. d) Hazardous materials authorized for return must be packed, labeled and shipped in accordance with DOT regulations governing transportation of hazardous materials and any other applicable requirements. e) Eclectic Vision will not grant credit for Products which have been discontinued OR , Products which are personalized or customized OR, Non-Eclectic Vision line products supplied to Purchaser as an accommodation, including, without limitation, third party purchases OR, Products not purchased from Eclectic Vision OR, Refrigerated OR temperature controlled Products OR Products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new, OR reagents, diagnostics, or chemicals which have been opened; and OR Products that have been shipped outside the United States.Manufacturers’ Warranty and Disclaimer
Most of the products supplied to Eclectic Vision are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Abstract a Hair Salon will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to customers who request them. Address requests to: Eclectic Vision, 2460 Fairmount Blvd., #M100, Cleveland Heights, Ohio 44106.
include in your requests: 1. the order number and 2. the manufacturer's model number of each product for which a copy of the warranty is requested. We may also furnish any brochures and other literature of the manufacturer. Eclectic Vision assumes no responsibility for the content of such warranties or sales literature by performing this service.No Export
The Purchaser represents and warrants that all Products ordered by you are intended for delivery within the United States and that no Products will be exported or used for any purposes prohibited by any relevant United States export law or regulation. If so requested by Eclectic Vision, you will provide documentation to satisfy and verify delivery to the final destination.
U.S. Government
If you are an U.S. Government or purchasing entity needing to meet government Small Business Administration (SBA) set-aside contract requirements, you agree that the Products purchased are "commercial items" as defined in the Federal Acquisition Regulations ("FAR"). If you are an employee or other authorized buyer placing this Order in the name of the U.S. Government and your order is less than or equal to $2500, then you agree that only these Terms of Use shall apply. If your order is greater than $2500, then you agree that your order is subject to FAR Part 12, and pursuant to FAR 12.302, only those mandatory provisions of FAR 52.212-4, as well as FAR 52.222-3, FAR 52.225-13, FAR 52.233-3, and these Terms of Use shall apply. If you are a government contractor placing this Order in support of a contract with the U.S. Government, you agree that only those provisions in FAR 52.244-6 as well as these Terms of Use shall apply to your order. All other terms and conditions are expressly rejected. In the event of a conflict between the FAR provisions referenced herein and these Terms of Use, our Terms of Use shall take precedence.
Force Majeure
Abstract a Hair Salon shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, accidents, strikes, embargoes, power failure, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Abstract a Hair Salon in the conduct of its business.
Independent Contractors
Eclectic Vision and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon Abstract a Hair Salon.
You and Eclectic Vision are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.Assignment
Buyer shall not assign any order or any interest therein without the written consent of Eclectic Vision. Any actual or attempted assignment without Eclectic Vision’s prior written consent shall entitle Eclectic Vision to cancel such order upon notice to Purchaser without liability to Eclectic Vision.
Applicable Law and Venue
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF OHIO, WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COMMONWEALTH OF OHIO.
Separation
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or un-enforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or un-enforceability shall destroy the underlying business purpose of these Terms and Conditions.
Entire Agreement
The terms and conditions of web site Terms of Access, Terms of Sale, Quotations, and Invoices, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Eclectic Vision. This agreement can and will be amended from time to time.
