terms & conditions

By visiting www.bohohairsalon.com, you are consenting to our terms and conditions

OVERVIEW

The terms “we,” “us,” and “our” refer to Boho Hair Salon. The term the “Site” refers to www.bohohairsalon.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “Service” is defined as hair consults, color, haircuts, hair styling, and esthetician services. The website may also sell digital and physical products.

Use of Boho Hair Salon, including all materials presented herein and all online services provided by Boho Hair Salon, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Boho Hair Salon will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CANCELLATIONS

If you are not 100% satisfied with your service, please communicate it to us within 10 days and we will be happy to offer a “redo” service to address any concerns. If a “redo” service is refused by the client, a refund is not guaranteed and is up to the discretion of management. This does not apply to the purchase of our Sisterly Boxes.

All services booked require a credit card on file. All color appointments cancelled less than 24 hours in advance will be charged 25% of services booked and day of cancellations or no shows will be charged 50% of services booked. All haircut and blow-dry appointments will be charged 50% of the service cancelled both less than 24 hours in advance and day of cancellation or no shows. Please note that once you have booked an appointment with us, it means that we have reserved time in our schedule exclusively for you. 

To avoid our cancellation fee, please provide cancellation notice at least 24 hours prior to your appointment. Please remember to arrive 5 minutes early to your appointment. If you are running late for your appointment please be aware that we reserve the right to alter your service based on the remaining time available, or cancel completely. For hour long appointments, arriving 15 minutes or more beyond the start of your scheduled appointment will be considered late. For any appointment longer then an hour, arriving 20 minutes or more beyond the start of your scheduled appointment will be considered late. The Boho staff will do their best to accommodate the client by reducing the service, or scheduling for later in the day if possible. If the appointment is impossible to accommodate, the client will be charged 50% of services booked. 

Appointment alterations requested by the client requiring more time will be accommodated if the stylist’s availability allows. Requests for an upgraded appointment may be denied due to scheduling and timing at the discretion of the stylist and management. We kindly ask that you call at least 24 hours in advance to request an upgraded service. 

Alterations requested by the client that downgrade originally booked services must be communicated at least 24 hours in advance if timing of the appointment is reduced. If services are reduced less than 24 hours in advance, resulting in a reduction of appointment timing, you will be charged for the services originally booked. If you would like to downgrade your appointment and it does NOT affect the timing (ei. changing a Full Experience + Cut to a Full Experience with no cut), you can do so at any point leading up to the appointment.   

Because all of our stylists work on commission style appointments, it is important that your appointment is booked and fulfilled as accurately as possible. This maximizes our stylist's time, schedule and client waitlist. We must implement these policies to ensure the sustainability of our business operations as well as stability for our stylists.  

You can cancel, reschedule, or alter an appointment by emailing us at asburypark@bohohairsalon.com, or montclair@bohohairsalon.con  or calling our Asbury Park location 732-455-3966 or Montclair (973) 944-2069.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Boho Hair Salon, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Boho Hair Salon IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Boho Hair Salon’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Boho Hair Salon, AND IF NO PURCHASE HAS BEEN MADE BY YOU Boho Hair Salon CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Boho Hair Salon. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Boho Hair Salon pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Boho Hair Salon shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Boho Hair Salon.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: asburypark@bohohairsalon.com.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by the laws of the State of New Jersey as applied to contracts that are executed and performed entirely in New Jersey. The exclusive venue for any arbitration or court proceedings based on or arising out of this Agreement shall be Asbury Park, New Jersey. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolutions or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: February 2021