Terms of service

OVERVIEW

Welcome to SMART HAIR & COSMETIC! Throughout these Terms of Service, the terms "we," "us," and "our" refer to SMART HAIR & COSMETIC. We operate this website and online store, including all related information, content, features, tools, products, and services (collectively, the "Services") to provide you with a convenient, secure, and enjoyable shopping experience. Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, including our Privacy Policy, govern your access to and use of our Services and describe your rights and responsibilities when using our Website.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, obligations, warranty disclaimers, and limitations of liability.

By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your state, territory, or country of residence, or that you have obtained the necessary consent from a parent or legal guardian to allow any minor dependents to use our Services on devices owned, purchased, or managed by you.

To access certain features of our Website, including placing orders, creating an account, or contacting us, you may be required to provide information such as your name, email address, shipping address, billing details, phone number, and other relevant information. You agree that all information you provide is accurate, complete, current, and that you have the legal right to provide such information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to share, transfer, sell, assign, or otherwise permit any other person to use your account without our prior written consent.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display our cosmetic, skincare, haircare, beauty, and personal care products as accurately as possible on our Website. However, actual product colors, packaging, sizes, or appearance may vary slightly due to differences in device screens, display settings, lighting conditions, or updates made by manufacturers.

We do not guarantee that the appearance of any product shown on our Website will exactly match the product you receive, although we strive to ensure that all product descriptions and images are as accurate as reasonably possible.

All product descriptions, prices, availability, and other information are subject to change at any time without prior notice. We reserve the right to discontinue any product or limit the quantity of products available for purchase by any individual, order, geographic region, or jurisdiction at our sole discretion.

SECTION 3 – ORDERS

By placing an order on our Website, you are making an offer to purchase the selected products. SMART HAIR & COSMETIC reserves the right to accept, reject, modify, or cancel any order at our sole discretion for reasons including, but not limited to, product availability, pricing errors, suspected fraud, inaccurate customer information, or any other legitimate business reason.

An order is considered accepted only after we have confirmed it. Once an order has been accepted, we will begin processing it for shipment. Please review your order carefully before placing it, as cancellation or modification requests may not be possible after the order has been confirmed or dispatched.

If we are unable to accept, modify, or must cancel your order, we will make reasonable efforts to notify you using the email address or phone number provided at the time of purchase. Where applicable, any eligible refund will be processed in accordance with our Return & Refund Policy.

You agree that all orders placed through our Website are intended for your personal use only and not for commercial resale, wholesale distribution, or export without our prior written permission.

SECTION 4 – PRICES AND BILLING

All prices displayed on the SMART HAIR & COSMETIC Website are listed in Indian Rupees (INR) and are subject to change without prior notice. The price applicable to your order will be the price displayed at the time your order is placed and will be confirmed in your order confirmation. Unless otherwise stated, product prices do not include applicable taxes, shipping charges, handling fees, or any other additional charges, which will be displayed during checkout where applicable.

Prices, discounts, offers, and promotional campaigns may vary from time to time and are available only for the period specified. We reserve the right to modify, withdraw, or discontinue any offer, promotion, or product pricing at our sole discretion without prior notice. In the event of any conflict between a promotional offer and these Terms of Service, the terms of the specific promotion will prevail.

You agree to provide accurate, complete, and up-to-date billing, shipping, contact, and account information for all orders placed through our Website. You are responsible for promptly updating your information to ensure successful order processing, delivery, and communication.

You are responsible for ensuring that the payment information you provide is accurate and that you are authorized to use the selected payment method. By placing an order, you agree to pay the total amount shown at checkout, including applicable taxes, shipping charges, and any other fees associated with your purchase.

SECTION 5 – SHIPPING AND DELIVERY

We strive to process and dispatch all orders as quickly as possible. Orders are generally processed within 1–2 business days, and delivery is typically completed within 3–7 business days across India. However, all delivery timelines are estimates and may vary depending on your location, courier availability, weather conditions, public holidays, or other circumstances beyond our reasonable control.

While we work with reliable delivery partners, SMART HAIR & COSMETIC is not responsible for delays caused by courier companies, transportation issues, natural disasters, government restrictions, or other events beyond our control.

Once your order has been handed over to the shipping carrier, the responsibility for delivery rests with the carrier. Ownership and the risk of loss or damage to the products pass to you upon successful delivery to the shipping address provided during checkout.

Please ensure that the shipping address and contact information provided are accurate and complete. We will not be responsible for delays, failed deliveries, or additional charges resulting from incorrect or incomplete delivery information.

SECTION 6 – INTELLECTUAL PROPERTY

All content available on the SMART HAIR & COSMETIC Website, including but not limited to our trademarks, brand name, logos, text, product descriptions, images, graphics, icons, videos, designs, layouts, software, and other materials, is owned by or licensed to SMART HAIR & COSMETIC and is protected under applicable copyright, trademark, and other intellectual property laws.

These Terms of Service grant you a limited, non-exclusive, and non-transferable right to access and use our Website solely for your personal and non-commercial purposes. You may not copy, reproduce, modify, distribute, republish, transmit, display, create derivative works from, or otherwise exploit any content from our Website without our prior written permission.

Nothing contained in these Terms of Service grants you any ownership rights or license to use any trademark, copyright, logo, design, or other intellectual property belonging to SMART HAIR & COSMETIC, Shopify, or any third party. Any unauthorized use of our intellectual property may violate applicable laws and may result in legal action. All rights not expressly granted under these Terms are reserved by SMART HAIR & COSMETIC.

The names, logos, product names, service names, designs, and other branding displayed on our Website are the property of SMART HAIR & COSMETIC or their respective owners. Shopify and all related names, logos, and trademarks are the property of Shopify Inc. All other trademarks, brand names, logos, and intellectual property appearing on our Website belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

Our Website may provide access to certain tools, features, or services offered by third-party providers for your convenience. These third-party tools are provided on an "as is" and "as available" basis. SMART HAIR & COSMETIC does not monitor, control, or guarantee the performance, availability, or accuracy of such tools and makes no warranties or representations regarding their use.

Your use of any optional third-party tools is entirely at your own risk and discretion. We encourage you to review and understand the terms, conditions, and privacy policies of the respective third-party providers before using their services.

We shall not be responsible for any loss, damage, or liability arising from your use of any third-party tools, websites, or services that may be made available through our Website.

From time to time, we may introduce new features, tools, services, or resources to improve your shopping experience. Any such additions or enhancements will form part of our Services and will also be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Website may contain links to third-party websites, services, applications, or other resources that are provided solely for your convenience. These third-party websites operate independently from SMART HAIR & COSMETIC, and we do not own, control, monitor, or endorse their content, products, services, or practices.

If you choose to access any third-party website or service through a link on our Website, you do so entirely at your own risk. We are not responsible for the availability, accuracy, security, or content of any third-party websites or for any products or services offered by them.

We shall not be liable for any loss, damage, or inconvenience arising from your use of third-party websites, products, services, or content. Before engaging in any transaction or sharing your personal information with a third party, we encourage you to carefully review their terms, conditions, and privacy policies.

Any complaints, claims, questions, or concerns relating to third-party products or services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our Website is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you. However, all purchases, sales, transactions, customer support, and contractual obligations are solely between you and SMART HAIR & COSMETIC. By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of your purchase, including product quality, order fulfillment, delivery, returns, refunds, customer service, or any loss, damage, or injury arising from products purchased through our Website. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from any claims, liabilities, damages, or disputes arising from transactions between you and SMART HAIR & COSMETIC.

SECTION 10 – PRIVACY POLICY

All personal information collected through our Services is handled in accordance with our Privacy Policy, which forms an integral part of these Terms of Service. By accessing or using our Website, you acknowledge that you have read, understood, and agreed to our Privacy Policy. As our Website is powered by Shopify, certain information may also be collected and processed by Shopify to operate, secure, maintain, and improve the Services. Information submitted through our Website may be processed by Shopify and its authorized service providers in accordance with their applicable privacy practices. For more information on how your personal information is collected, used, disclosed, and protected, please refer to our Privacy Policy available on our Website.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide any suggestions, ideas, comments, reviews, recommendations, or other feedback ("Feedback") regarding our Website, products, or Services, you grant SMART HAIR & COSMETIC a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, distribute, display, and otherwise utilize such Feedback for any lawful purpose, including improving, promoting, and operating our Services. You represent and warrant that you own or have all necessary rights to submit such Feedback and that your Feedback does not violate the rights of any third party or any applicable law. We are under no obligation to maintain your Feedback in confidence, provide compensation, or respond to your submission. We reserve the right, but are not obligated, to remove or modify any Feedback that we determine to be unlawful, offensive, misleading, defamatory, obscene, or otherwise inappropriate or that violates these Terms of Service.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available on our Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, availability, or other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been placed. We are under no obligation to update, amend, or clarify information on our Website except as required by applicable law.

SECTION 13 – PROHIBITED USES

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms of Service. You must not use our Services for any unlawful, fraudulent, abusive, or unauthorized purpose; violate any applicable law or regulation; infringe upon our intellectual property rights or those of others; upload or transmit viruses, malware, or any harmful code; collect or misuse personal information belonging to other users; interfere with the operation or security of our Website; impersonate another person or entity; submit false or misleading information; engage in spam, phishing, scraping, automated data collection, or any activity that could damage our Website or Services; or otherwise misuse the Services in any manner that may adversely affect SMART HAIR & COSMETIC, Shopify, or other users. We reserve the right to suspend or terminate your access to our Website or Services without prior notice if we determine that you have violated these Terms of Service or any applicable law.

SECTION 14 – AGENTS

This section applies if you use, enable, authorize, or permit any automated software, artificial intelligence system, bot, script, crawler, or other autonomous or semi-autonomous technology ("Agent") to access or interact with our Website or Services. Any Agent accessing our Website must accurately identify itself and must not conceal or misrepresent its automated nature. Agents must not bypass security measures, CAPTCHAs, access restrictions, rate limits, or any technical controls implemented by SMART HAIR & COSMETIC or Shopify. We reserve the right to restrict, suspend, block, or terminate access by any Agent that violates these Terms or interferes with the security, stability, or proper functioning of our Services.

SECTION 15 – TERMINATION

We reserve the right to suspend, restrict, or terminate your access to our Website or Services, with or without prior notice, if we reasonably believe that you have violated these Terms of Service, engaged in fraudulent or unlawful activities, provided false information, or used our Services in a manner that may harm SMART HAIR & COSMETIC, our customers, or any third party. Termination of your access will not affect any rights, obligations, or liabilities that arose prior to the date of termination. All provisions of these Terms that by their nature should survive termination, including Intellectual Property, Privacy Policy, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, shall remain in full force and effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information, products, and Services available through our Website are provided for general information and shopping purposes only. While SMART HAIR & COSMETIC makes reasonable efforts to ensure that all information on the Website is accurate and up to date, we do not guarantee the accuracy, completeness, reliability, or availability of any content. To the fullest extent permitted by applicable law, our Website, Services, and all products are provided on an "as is" and "as available" basis without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted availability. We do not guarantee that the Website will always be secure, error-free, uninterrupted, or free from viruses or other harmful components. Your use of our Website and Services is entirely at your own risk.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, SMART HAIR & COSMETIC, its owners, employees, affiliates, service providers, and partners shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of our Website, Services, or products, including but not limited to loss of profits, loss of business, loss of data, interruption of business, replacement costs, or any other commercial damages or losses. This limitation applies regardless of the legal theory under which any claim is brought, even if we have been advised of the possibility of such damages. Nothing contained in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SMART HAIR & COSMETIC, its owners, employees, affiliates, service providers, agents, and partners from and against any claims, demands, liabilities, damages, losses, costs, expenses, or legal fees arising out of or relating to your breach of these Terms of Service, your violation of any applicable law, your misuse of our Website or Services, or your infringement of any rights of another person or entity. You agree to cooperate fully in the defense of any such claim and acknowledge that we reserve the right to assume exclusive control of the defense and settlement of any matter subject to indemnification.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision contained in these Terms.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies published on our Website, constitute the entire agreement between you and SMART HAIR & COSMETIC regarding your use of our Website and Services and supersede all prior or contemporaneous communications, agreements, understandings, and representations, whether written or oral. Any ambiguity in the interpretation of these Terms shall not be construed against either party solely because one party drafted them.

SECTION 21 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms of Service without our prior written consent. Any attempt to do so without such consent shall be considered null and void. SMART HAIR & COSMETIC reserves the right to assign, transfer, or delegate these Terms of Service, in whole or in part, at any time without prior notice, including in connection with a merger, acquisition, business restructuring, or sale of assets.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide our Services shall be governed by and interpreted in accordance with the laws of India. Any dispute, claim, or legal proceeding arising out of or relating to these Terms, our Website, or the Services shall be subject to the exclusive jurisdiction of the competent courts located in Surat, Gujarat, India, and you consent to the jurisdiction and venue of such courts.

SECTION 23 – HEADINGS

The headings used in these Terms of Service are included solely for convenience and reference purposes. They shall not affect the interpretation, meaning, or enforceability of any provision contained in these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page. SMART HAIR & COSMETIC reserves the right to modify, update, replace, or revise any part of these Terms of Service at our sole discretion by posting the updated version on our Website. Any changes will become effective immediately upon posting unless otherwise specified. It is your responsibility to review these Terms periodically for updates. Your continued access to or use of our Website and Services after any changes have been posted constitutes your acceptance of the revised Terms of Service.

SECTION 25 – CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the details below:

SMART HAIR & COSMETIC
Website: https://smarthaircosmetic.store
Email: info@smarthaircosmetic.store
Phone: +91 7016008279
Address: Floor No. G, Building No. 14, Shreenathji Icon, Mota Varachha Main Road, Near Scriptoptim Infotech, Utran, Surat, Gujarat – 394105, India

We will make reasonable efforts to respond to your inquiries as promptly as possible.