ProLine Hair Co T's & C's

1. Introduction and Definitions:
1.1.1 “Commencement Date” means the date that this T’s & C’s was signed.

1.1.2 “End User” means a customer of the supplier client (The Salon) “Reseller.”

1.1.3 “Product/s” means goods and/or services described in Annexure B hereto, being goods and/or services owned by the supplier, and/or which supplier has rights, interests, and entitlement provided by the supplier to “Reseller” in terms of this T’s & C’s.

1.1.4 “Reseller” means the supplier’s client that will be a salon, private extensionist, or beauty house.

1.1.5 “Supplier” means the entity that is supplying the goods and/or services.

1.2 The Reseller and Supplier are independent parties.

1.3 The T’s & C’s will remain in effect for the undersigned until written notice is given that the supplier’s services/goods are no longer needed. However, it will still be applicable to all end-users of the Reseller.

2. Orders and Delivery:
2.1 Purchase orders: 2.1.1 All orders placed by Reseller for Products must be placed by way of written purchase order and sent via email or our WhatsApp, and are subject to written confirmation and acceptance by the supplier in the supplier’s sole discretion. Purchase orders shall be signed by an authorized official of the Reseller and shall specify with certainty the quantity of each product, color, length, and density needed. All consumables fall under the same rule above, and any special requirements and variations must be specified before the order is sent to production. Failure to do so will result in the commitment of the order, and no refund or changes can be made for late changes. Once production has started, no color, length, or density can be changed. The supplier will be under no obligation to deliver products for orders placed with inaccurate, insufficient, ambiguous, or conflicting information or without a 50% deposit.

2.1.2 Supplier will have the right to cancel, reduce, suspend, or delay delivery of any order that was placed by a client with an account that is in arrears.

2.2 Delivery: 2.2.1 Supplier will advise the Reseller once the products are available for the Reseller’s collection from one of our appointed collection points. Alternatively, and where agreed upon by the parties and at the delivery cost, the supplier will deliver the goods to the delivery address as supplied by the Reseller. Whereupon delivery to such address is constituted to valid delivery.

2.2.2 All delivery charges are for the Reseller’s account except for amounts above delivery fee charges, where delivery will be free of charge.

2.2.3 All risk in and to the products will pass to the Reseller upon delivery. Provided that any courier/transport vendor appointed by the supplier or Reseller will, for the purpose of delivery, act as the Reseller’s agent, whereupon risk will pass to the Reseller upon delivery of the products to such courier/transport vendor.

2.2.4 Delays in delivery will not entitle the Reseller to cancel any order for products, except in instances where delivery is delayed for a period of 4 weeks after the initial anticipated delivery date notified by the supplier for reasons out of the supplier’s control. This is in case of natural disasters, shipping strikes, and factory delays, due to health disasters i.e., Covid or any other medical outbreak, factory disasters like fire, water, etc., and factory strikes.

2.3 Returns:
2.3.1 Any hair extensions or other products supplied by the supplier and worn by the end-user shall not be refunded, mainly for the reason that we have become aware that end-users order hair for occasions, wear the hair for the needed time, and want to return after the occasion has finished. Such behavior will not be tolerated and will result in legal action for fraud.

If you would like to return your hair extensions, you must contact us within 7 days of receiving your extensions. You will then be required to return the unopened and unused hair to us. We cannot refund or exchange any hair that has been opened or worn due to quality and hygiene reasons. So be 100% sure before opening your packet.

2.3.2 Should there be an actual defect of our products, the product must be sent in for evaluation. Any defective products must be returned as soon as possible after the Reseller becomes aware of the defect, but no later than 6 (six) months after the date of delivery of the product to the Reseller. The supplier will determine if the product is defective and the cause of the defect, and must act reasonably in making that determination. Only products that were defective at the time of delivery to the Reseller, including defects that may only become apparent under normal operation of the product in accordance with manufacturer guidelines, will be considered for repair/replacement/refund as the case may be. Defective products returned later than 14 (days) days after delivery may be subject to a handling fee. Where it transpires that the defect was caused by the Reseller, Manufacturer, an End User, or third-party negligence, using the product otherwise than in accordance with the manufacturer’s guidelines or in the manner in which it was intended, incorrect storage of the product, or any other cause not attributable to any action or omission on the part of the supplier or the manufacturer.

2.3.3 Should the Reseller sell the products to the end-user subject to varied warranty terms, the Reseller will remain liable to the end-user for such varied warranty, and the supplier will not incur any additional obligations under such varied warranty.

2.3.4. ProLine Hair Co. takes no responsibility should hair be tinted another color as chemical compositions are different from salon tints. The same applies to box dyes and salon tints being different.

2.3.5. Any hair extensions that have been cut and shortened more than 2 inches will terminate any refund.

2.3.6. All aftercare training must be given by a hair stylist to the end-user. Failure to inform the end-user of correct product use will terminate refunds.

2.3.7. All aftercare methods can be viewed on www.prolinehair.co.za.

3. Pricing:
3.1. Reseller will pay Supplier for the products in accordance with the prices stated on Supplier’s latest price list, which price list may be updated and amended by Supplier from time to time. All price lists serve as estimated prices due to the nature of the business.

3.2. Supplier holds the right to change pricing should the rate of exchange change after Proforma Invoice or Estimate was sent, shipping prices change before shipment was paid.

3.3. Prices are quoted exclusive of any VAT unless otherwise specified.

3.4. All color matches done by the supplier will incur a cost of R150 to cover the traveling costs of the representative.

3.5. All consumable orders above R500 free delivery.

3.6. All hair extension orders above R1800 free delivery.

4. Payment:
4.1. Unless otherwise agreed in writing between the parties, terms of payment of each order of products will be 50% deposit payable on placement of an order, and the balance payable on delivery.

4.2. The Reseller is and remains solely responsible for the collection of all amounts payable to it by the end-users. Any failure or delay by an end-user to pay the Reseller will in no way affect, suspend, or delay the Reseller’s obligation to pay the Supplier.

4.3. Outstanding amounts due to the Supplier will attract interest at 2% per month, compounded monthly.

4.4. Each order for products will be considered a separate and independent transaction, and the Reseller is required to make payment accordingly.

4.5. If Supplier takes action against Reseller for the payment of any amount owed to Supplier which, despite demand, remains unpaid, Reseller will be liable for all collection costs, commissions, and charges incurred by Supplier, including all legal fees on an attorney and client basis.

5. Obligations:
5.1. Supplier will support Reseller’s sales efforts as appropriate and, on a case-by-case basis, by responding to queries and providing relevant product information. Upon signing this agreement, the Supplier provides an open space on its website for the Reseller’s business details and adds the Reseller as a certified ProLine Hair Co. Reseller entirely at Supplier’s sole discretion.

5.2. No compensation or other expenses will be paid by Supplier to the Reseller for the performance of the duties set forth in this Agreement. The Reseller’s sole compensation will arise from revenue earned from its sale of products to end-users.

5.3. Reseller undertakes to represent the product correctly at all times and to refrain from any misrepresentation of any nature.

5.4. Reseller will be responsible for all liaison with the end-users. The Supplier does not interfere with Reseller and end-user relationships, including the provision of all training and support required by the end-user to fully and properly utilize the products, and including responding to all and any queries by the end-users.

6. Confidentiality And Intellectual Property:
6.1. All intellectual property in and to the products, including, as applicable, patents, trademarks, copyright, design rights, processes, and methodologies, source code, and other proprietary interests will be and remain vested in the Supplier. Reseller acknowledges and agrees that the product, including any updates, upgrades, enhancements, or modifications thereto provided to Reseller as professional services or support services, and all trade secret, copyright, patent, trademark, trade name, and other intellectual and proprietary rights therein, are and at all times shall remain the Supplier’s property and subject to the terms and conditions of this Agreement whether or not specifically recognized or perfected under the laws of the Territory. Reseller will not take any action that jeopardizes Supplier’s or its licensors’ proprietary rights or acquire any right in the product or associated information. Supplier will own all rights in any copy, translation, modification, adaptation, or derivation of the product or other items of information, including any improvement or development thereof. Reseller will obtain, at Supplier’s request, the execution of any instrument that may be appropriate to assign these rights to Supplier or perfect these rights in Supplier’s name. Under no circumstances will Reseller acquire any such proprietary rights, nor will Reseller misrepresent such rights to any third party.

6.2. The Reseller agrees to retain as confidential all Supplier’s confidential information, meaning, without limitation: all Supplier’s trade secrets, trademarks, know-how, techniques, concepts, processes, suppliers, and other business and related information, and any information not generally available to Supplier’s competitors. Reseller undertakes not to use such confidential information for its own benefit or interest other than in accordance with this Agreement.

6.3. The Reseller undertakes not to disclose any of Supplier’s confidential information to any third party, whether during the term of this Agreement or after termination hereof, or use such confidential information for its own benefit or the benefit of any other person, except as contemplated herein. The Reseller will limit access to such information to its employees who have agreed in writing to hold such information confidential. The Reseller acknowledges and agrees that unauthorized use or dissemination thereof would cause irreparable harm to Supplier.

6.4. Reseller shall not copy, duplicate, reproduce, modify, enhance, translate, reverse engineer, decompile, disassemble or create derivative works based upon the product.