Returns

To speak to a Tocco Magico® customer care specialist, call us toll-free at 800.838.9944 or email info@toccousa.com.

If you are dissatisfied with your online order for any reason, you may return any unopened and unused products for a full refund, minus shipping costs. All returns require a Return Authorization Number (RA #). To receive an RA #, please call 800.838.9944 and ask to speak to a customer care specialist, or email us at info@toccousa.com. Return Authorization requests must be completed within 30 days of receiving your order. Return Authorization requests received after 30 days may not be accepted.

All refunds will be credited to the original payment method. Original shipping fees will not be refunded.

When submitting an item for return, please obtain an RA # as instructed above. Please write the RA # on your original packing slip and include the packing slip in the return package, retaining a copy for your records. Please also write the RA # on the outside of your return packaging. You are responsible for any return shipping fees. We recommend shipping all return packages via UPS or another reliable carrier.

If your shipment appears to be damaged in transit, please contact us immediately and we will arrange for a replacement.

For more information on our return policy, call us toll-free at 800.838.9944.

PRIVACY

Our Privacy Policy describes how we collect, use and store your personal information. Please review our Privacy Policy, which is incorporated by reference into this Agreement, so that you may understand our privacy practices. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy. You further agree to provide and maintain true, accurate, current, and complete information about yourself or your company, where applicable, as prompted by our registration processes or as required for the purchase of products from, or use of any services at, the Site. You acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account, refuse, cancel or block any orders, and refuse any and all current or future use of the Site.

COOKIES

Personal information we collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

– Communicate with you

– Screen our orders for potential risk or fraud; and

– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing your personal Information

We share your Personal Information with limited third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store.

Your rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at info@toccousa.com or unsubscribe.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Welcome to the ToccoUsa.com website, www.toccousa.com (the “Site”). The content, products and services available on the Site are provided to you subject to these Terms of Use (the “Agreement”) and Manidae Beauty, LLC Website Privacy Policy (the “Privacy Policy”), which is hereby incorporated into this Agreement. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by this Agreement. This agreement is a legal agreement between you (“you” or “customer”), Manidae Beauty, LLC (“Manidae Beauty, LLC” or “we”), the owner and operator of the Site. This Agreement states the terms and conditions that govern your use of the site and the products sold on it and any registration on it. By accessing and using the Site you are indicating that you accept, and agree to comply with, this Agreement. If you do not accept this Agreement, or any portion thereof, you are not permitted to, and you must not, access, use or purchase products from the Site.

CHANGES TO THIS SITE

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site, any portion thereof, or any service or product offered through the Site, with or without notice. We also reserve the right to charge fees in connection with the use of the Site, and to modify or waive any fees charged in connection with the Site. You agree Manidae Beauty, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service or product offered through the Site.

SITE TRANSACTIONS

We reserve the right to refuse, limit or cancel any order you place with us, and to make certain products, promotions or offers available only to classes or types of purchasers, such as consumers and professionals. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was placed.

SITE ACCOUNTS

Account Registration

Customers may, but are not required to, create a Site account when they make a purchase through the Site. Professionals are required to create an account to make purchases or to view professional-only content on the Site. When you sign up for an account, we collect and store your first and last name, e-mail address, password, mailing address, phone number, license number (if applicable) and other contact information. We may also collect additional optional information.

Account Security

You are entirely responsible for all activities that occur under your Site account and for maintaining the confidentiality of your username, password and account information. You also agree to promptly notify us via email of any unauthorized use of your username, password, unauthorized account activity, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session.

PAYMENT METHODS

We accept most major credit and debit cards.

RETURN POLICY

All sales made through the Site are subject to the Manidae Beauty, LLC Return Policy, which is incorporated by reference into this Agreement. For a complete explanation of the policy, please read our Return Policy.

PROPRIETARY RIGHTS

The term “Site Information” means all information, text, pictures, sound, graphics, video, data and other content provide Manidae Beauty, LLC, its licensors, and other third parties that is displayed on the Site, except for any Customer Comments (defined in “Customer Comments” section below). You hereby expressly acknowledge Manidae Beauty, LLC or its licensors own all legal right, title and interest in and to the Site Information including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and any and all other proprietary rights contained in or relating to the Site Information including, without limitation, trademarks, service marks, logos, patent rights and copyright. Manidae Beauty, LLC reserves all rights not expressly granted in and to the Site and the Site Information.

Non-Professional Users: If you are a consumer or other non-professional user of the Site, you are authorized to access and use the Site and Site Information as set forth in this Agreement, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media with Manidae Beauty, LLC prior to written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.

Professional User: If you are a licensed professional user, you are authorized to access and use the Site and Site Information as set forth in this Agreement, provided that: (i) you will not copy, distribute or transfer any portion of the Site on any media with Manidae Beauty, LLC prior approval; (ii) you will not alter, adapt, or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iii) you will otherwise comply in full with the terms and conditions of this Agreement and applicable law.

CUSTOMER CONTENT

Customer Comments

The Site now or in the future may permit you to submit content such as comments and product reviews (“Customer Comments”). Any Customer Comments you submit may be publicly available to other Site visits. Manidae Beauty, LLC cannot and does not guarantee any confidentiality or security of any Customer Comments, and does not warrant or verify the accuracy of any Customer Comments. You are solely responsible for any Customer Comments you submit and the consequences of posting or publishing such. Any material, information or idea submitted or posted on this Site by you will be considered non-confidential and non-proprietary.

Manidae Beauty, LLC may share or otherwise use your submission for any purpose whatsoever without your consent. With respect to any Customer Comments you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to Manidae Beauty, LLC all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative Manidae Beauty, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Customers.

While we are not obligated to do so, we reserve the right to refuse or remove any Customer Comments from the Site for any or no reason, and we expressly reserve the right to refuse or remove any Customer content (1) that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable; (2) respond to any notice submitted pursuant to our Take-Down Notice and the Digital Millennium Copyright Act; and (3) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any Customer alleged to be using the Site in violation of the law.

Customer Communications

With respect to all communications you make Manidae Beauty, LLC including, but not limited to, feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications; Manidae Beauty, LLC shall have no obligation to protect your communications from disclosures; Manidae Beauty, LLC shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and Manidae Beauty, LLC shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

IMPROPER USE OF THE SITE

Further, while using the Site or Site-related services (including in connection with any Customer Comments), you agree that you will not, and will not induce any third party to: (i) use the Site or any of the Site Information in a way that is unlawful to Manidae Beauty, LLC or any User of Site, or otherwise violates the rights of any party; (ii) use the Site or any of the Site Information in a way that could overburden, or impair the Site or the networks or systems connected to the Site; (iii) attempt to disable or circumvent any security mechanisms used by the Site or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Site Information or any other systems or networks connected to the Site, or to any serve Manidae Beauty, LLC or its third party service providers, by hacking, password “mining,” or any other illegal means; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site, or with any other person’s use of the Site; (vi) breach any security measures implemented on the Site or in the Site Information (vii) track or seek to trace any information on any other person who visits the Site; (viii) use the Site or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work or, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site or Site Information, or otherwise made available to you in connection with the Site or Site Information; or (x) use the Site or Site Information in any manner that otherwise violates this Agreement.

DMCA NOTICE; COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe any Site Information or content infringes your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent “(Designated Copyright Agent”) containing the following information.

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Attn: Designated Copyright Agent

Manidae Beauty LLC

6400 Congress Avenue, Suite 2000

Boca Raton, FL 33487

Telephone: 800-838-9944

info@toccousa.com

Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.

SITE ERRORS

There may be information on our Site that contains typographical errors that may relate to products, descriptions, pricing, promotions, availability, or offers. We reserve the right to, at any time and without prior notice, correct any such errors and to correct information or cancel orders for any and all such inaccurate information, including but not limited to after an order has been placed. If your credit or debit card has already been charged for an order that is subsequently canceled by Manidae Beauty, LLC shall issue a credit to your credit or debit card account.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Manidae Beauty, LLC Parties (defined in “Disclaimer of Warranties” section below) harmless from and against any and all losses, damages, claims, demands, liabilities and costs (including, without limitation, settlement costs, attorney fees and any legal or other fees and expenses incurred in investigating or defending any actions or threatened actions) arising from or related to your breach of this Agreement or otherwise arising from or related to your use or misuse of the Site, or Site Information, or your submission of any Customer Comments.

SECURITY

You shall not violate or attempt to impair or degrade the security of the Site. Violations of system or network security may result in civil or criminal prosecution. Manidae Beauty, LLC reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who have participated in such violations.

WARRANTY DISCLAIMER

Your use of the site is at your sole risk. All site information and customer comments are provided on an “as is” and “as is available” basis, without warranties of any kind, express, statutory, implied or otherwise. Your use of the site, including any content or services therein, is entirely at your own discretion and risk, and you assume total responsibility for your use of the site.

Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event Manidae Beauty, LLC warranties and conditions with respect to the Site and Services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

LIMITATION OF LIABILITY

Under no circumstances will Manidae Beauty, LLC be liable to you or any other person for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages arising out of or relating to this agreement or your use of the site.

If, notwithstanding, Manidae Beauty, LLC is found to be liable to you or any other person for any damage or loss arising out of or relating to this agreement or your use of the site, or any content or services therein, Manidae Beauty, LLC total cumulative liability shall in no event exceed the greater of: (a) the amount for your use of the site, and any content or services therein; and (b) the sum of one hundred (100) dollars.

LIMITED TIME TO BRING YOUR CLAIM

Where permitted by law, you agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action occurred. Otherwise, such cause of action is permanently barred.

LINKS

The Site may provide, or third parties may provide, links to other websites or resources. Because Manidae Beauty, LLC has no control over such websites or resources, you acknowledge and agree Manidae Beauty, LLC is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available form such sites or resources. Manidae Beauty, LLC assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against Manidae Beauty, LLC from your use of any third-party website.

TERMINATION

You agree Manidae Beauty, LLC, in its sole discretion, may terminate your use of the Site, including your account or your ability to make purchases through the Site, for any reason, or for no reason, and also may do so if Manidae Beauty, LLC believes that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. Manidae Beauty, LLC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree Manidae Beauty, LLC may bar any further access to the Site. Further, you agree Manidae Beauty, LLC shall not be liable to you or any third-party for any termination of access to the Site.

RIGHT TO ACCESS / AGE OF CUSTOMERS

To use the Site, you must be eighteen (18) years of age or older. By registering Manidae Beauty, LLC, you represent and warrant that you are eighteen (18) years of age or older.

JURISDICTION, VENUE & WAIVER OF JURY TRIAL

This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by and venue in the state or federal courts of the Palm Beach County, Florida or the Southern District of Florida.

To the extent not otherwise prohibited by applicable law, the parties hereto agree to waive trial by jury with respect to any matters arising under or relating to this agreement.

ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY.

This Agreement constitutes the entire Agreement between you and Manidae Beauty, LLC in connection with the Site or Services and supersedes all prior agreements between you and Manidae Beauty, LLC regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you Manidae Beauty, LLC or any of Manidae Beauty, LLC Parties.

The failure Manidae Beauty, LLC to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must be in writing and signed by Manidae Beauty, LLC.

Shipping

Online orders received Monday through Friday by 2 p.m. EST are generally processed and shipped on the same day, excluding holidays. Orders received on Saturday and Sunday will be processed on the following Monday. We offer UPS Next Day, 2nd Day, 3-Day Select, and ground shipping. For ground shipping, please allow at least five to seven business days for your order to be delivered. We cannot guarantee express delivery to Alaska or Hawaii.

Please note that we can only accept orders being shipped within the domestic United States. Please provide a valid street address. We cannot ship to P.O. boxes. UPS can deliver as early as 9 a.m. EST.

Due to Federal shipping regulations, the following items are eligible for ground shipping only and are not eligible for delivery to Alaska or Hawaii:

All 30 vol. and 40 vol. developers

Tocco Magico is for professional hairstylists only