Terms of service

Pai-Shau Inc. and Pai-Shau LLC  -  Terms and Conditions


Terms of Use for the Pai-Shau.com Professional Website


  1. General Terms


The paishaupro.com website (the “Professional Website”) is dedicated exclusively to the sale and distribution of Pai-Shau branded hair care products (the “Products”) to purchasers of Products made through the Website (“Purchasers”) who are individuals licensed by a state, province of territory to perform Cosmetological Services (“Licensed Cosmetologists”). The following terms and conditions (“Terms and Conditions”) shall govern the purchase and sale of all purchases of Products transacted through the Professional Website. Unless otherwise defined within these Terms and Conditions, the following capitalized terms used within these Terms and Conditions will have the meanings set out opposite such terms:


“Cosmetological Services” means those services pertaining to hair care, hair styling, hair cutting and hair coloring, makeup, skincare and the application of beauty products;


“Diversion” means (i) the resale of any Products by the Purchaser to any non bona fide End Consumer of any quantity of Products that is greater than the amount that such End Consumer or their immediate family could reasonably consume within their homes in the course of the following six month period, taking into account all prior sales made to such End Consumer, or (ii) the resale by the Purchaser of any Products to any wholesaler, retailer, salon, cosmetologist or distributor; (iii) the resale of any “back bar” sizes of the Products; or (iii) the resale by the Purchaser of Products over the Internet or via direct mail or catalog;


“End Consumer” means an individual person who has purchased for personal use any Products sold to them by the Purchaser;


“Licensed Cosmetologist” means an individual licensed by a state, province or territory to perform Cosmetological Services; 


“Pai-Shau” “Us” or or “We” means either individually or collectively Pai-Shau Inc. and/or Pai-Shau LLC; and


“You” or “Your” means the Purchaser.


Pai-Shau may update these Terms and Conditions at any time. The most current version of the Terms and Conditions may be viewed at any time by clicking on the hyperlink labelled ‘Terms’. For each order transacted through the Professional Website, Your  acceptance of the Terms and Conditions in force at the date of any purchase order will be required. By accessing, browsing and/or using the Professional Website, You agree to the following terms and conditions:


Pai-Shau aims to ensure that the content of the Professional Website is accurate and current at the time it is published. Prices of goods displayed on the Professional Website are current at the time of display and are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and other product information. However, We are unable to warrant that product descriptions or other content of the Professional Website is accurate, complete, reliable, current or error free.


It is a condition of the person accessing, browsing and/or using the Professional Website, that, other than as expressly set out within these Terms and Conditions, You accept that Pai-Shau will not be liable under any circumstances for any action You take relying on the information on this Professional Website or using any service which is accessible using this Professional Website. You expressly agree that Your use of the Professional Website is at Your own undertaking.


We assume no liability for the contents of any other websites that You may access from the Professional Website.


Except as otherwise provided for herein, We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content or goods and services, available on or through using the Professional Website. To the extent that Pai-Shau is prohibited at law from excluding our liability, We limit our liability to the extent permitted by law to resupplying the material, goods or the relevant service as the case may be.


Any information provided on the Professional Website is not professional advice and is for the purpose of general knowledge only.


  1. Intellectual Property


All material on the Professional Website (including all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is the exclusive property of Pai-Shau. You agree that you will not reproduce, by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Professional Website.


The Pai-Shau trademark and all other related marks and logos (including all copyrights), whether or not registered, displayed on the Professional Website, as well as the domain name ‘Pai-Shau.com’, are and will remain the exclusive property of Pai-Shau. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent of Pai-Shau is strictly prohibited.


You may not remove any copyright, trademark or other proprietary notice contained on the Professional Website or any content contained therein. You may make a single copy of web pages published on the Professional Website for Your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.


  1. Third Party Links


The Professional Website may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources. You agree that Pai-Shau does not endorse nor is responsible or liable for any content, advertising, products or other materials or information on or available from such sites. You further acknowledge and agree that Pai-Shau shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such website or resource.


  1. Limitation Of Liability


You expressly understand and agree that Pai-Shau shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, damages for loss of use, loss of revenue or lost profits, including any resulting from:


  1. the use or the inability to use the Professional Website or access any products (including the Products), services or content;
  2. unauthorized access to or alteration of Your transmissions or data;
  3. statements posted by, or the conduct of, any third party on the Professional Website, including, without limitation, the posting or transmission by third parties of defamatory, offensive or illegal material; or
  4. any other matter relating to the Professional Website, products, services or content. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Pai-Shau, its affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.


  1. Warranty


Pai-Shau represents and warrants that the Products shall be free from defects in material and workmanship and shall conform to Pai-Shau’s standard specifications, its quality assurance standards and its product specifications for a period of six (6) months (the “Warranty Period”) from the date that any Products are shipped to You by Us in connection with any purchase transaction.


The express warranties by Pai-Shau and the product manufacturer stated above constitute the only warranties with respect to the Products. Pai-Shau makes no other representation or warranty of any kind, express or implied (either in fact or by operation of law), with respect to the Products, whether as to merchantability, fitness for particular purpose, or any other matter. The stated express warranties are in lieu of all other warranties. We provide no warranty that the Products are or will be free from claims of patent, trademark, or copyright infringement. Any other representations or warranties made by any person, including any of our employees or representatives, which are inconsistent herewith shall be disregarded by You and shall not be binding. The warranties set forth herein may be asserted by You only.


Any exclusion of or limitations to Pai-Shau liability contained hereunder are made to the full extent permitted by law. Notwithstanding any other provision in these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited. Pai-Shau’s liability for any breach of any such term, condition or warranty to the extent it can be limited, is limited at Pai-Shau’s option, to any one or more of the following: (a) the replacement of the Products or the supply of equivalent Products; or (b) the supply of Pai-Shau’s services. 


The Professional Website may contain technical inaccuracies or other defects. Pai-Shau does not guarantee that any such defects will be corrected. The Professional Website and its contents are provided on an ‘as is’ and ‘as available’ basis.  


  1. Copyright and Trademark Policy


We respect the intellectual property rights of others. In connection with this policy, Pai-Shau will not knowingly post information about products, services or content that infringes the copyrights and/or trademarks of others. If You believe that a work of copyright or trademark has been copied in any way that constitutes copyright or trademark infringement,  You may notify us by providing our copyright agent with the following information:


  1. the name of the person authorized to act on the owner's behalf;
  2. a description of the work  You claim has been infringed;
  3. a description of where the material that  You claim is infringing is located on the site;
  4. Your name, address, telephone number and email address; and
  5. a statement by You that the above information is accurate and that You are the copyright owner or the authorized agent to act on the copyright owner's behalf.


  1. Representations, Warranties & Covenants


You hereby represent and warrant that You are a Licensed Cosmetologist in the state or province in which You are purchasing the Products and performing Cosmetological Services.


Moreover, You covenant that:


  1. You will not engage in any Diversion of the Products.
  2. Your resale of the Products to End Consumers will only occur within the commercial establishment in which you offer Cosmetological Services;
  3. In respect of any Products sold by You to any End Consumer, You will provide a warranty to any and Consumer to which You resell such Products that such Products shall be free from defects in material and workmanship for a period of thirty (30) days from the date that any such Products are purchased by such End Consumer, which warranty shall be honored by Pai-Shau upon a written claim by You to Pai-Shau within six (6) months of the date that any such Product was purchased by You from Pai-Shau.
  4. With respect to any Products which You purchase for resale to End Consumers, You will store the Products exclusively in secure, dry and climate controlled conditions in which the temperature shall be maintained between 65°F to 77°F (18°C - 25°C) and in which the Products will be protected from the elements.
  5. You will only sell the Products at or above the Manufacturers Suggested Retail Price (“MSRP”), which prices shall be communicated by Pai-Shau to You from time to time.
  6. You will not remove, obliterate, or tamper with any batch or tracking code, serial number or other codes applied to any Product, box or pallet of Products, and you will not agree or conspire with others to do so.
  7. You will not engage in any acts constituting Diversion as defined in these Terms and Conditions. 


All Products sold to You through the Website are so sold in reliance on Your representation that such Products are solely for Your own use and/or for Resale to End Consumers in strict accordance with these Terms and Conditions. If Your intention changes and You fail to inform Us of that fact, You will have committed fraud. You acknowledge and agree that Your Diversion of Products will severely damage Pai-Shau’s contractual relations with all of its authorized customers. If Pai-Shau, has any evidence indicating that You have diverted any Products, Your right to purchase Products through the Professional Website may be terminated and you may be subject to civil action.


The amount of damages that Pai-Shau would suffer as a result of Diversion is extremely difficult to ascertain. Accordingly, You agree that equitable remedies should be granted to remedy any violation(s) of these Terms and Conditions. You further agree that “actual damages” for breach of these Terms and Conditions will be replaced by liquidated damages in the amount of three times the retail price of each Product that was diverted by You and that in any litigation arising from or related to any breach of these Terms and Conditions, the prevailing party shall recover its reasonable attorneys’ fees, whether the claims in the litigation are based in contract or tort.


  1. Payment And Pricing 


The currency of Pai-Shau products on the Professional Website are dependent on which e-Store  You are accessing. The prices of Pai-Shau products are indicated in either United States Dollars or Canadian Dollars, including taxes and delivery costs; however direct indications (ie. “USD” or “CAD”) of the currency may not be displayed. It is Your responsibility to know which e-Store  You are purchasing from and the currency in which the e-Store transacts its sales.


Pai-Shau reserves the right to modify the prices of products offered on the Professional Website at any time without notice. You will be charged the prices displayed on the Professional Website at the time  Your order will be confirmed provided the products ordered are available at that time. You are required to pay for any order placed on the Professional Website immediately on confirmation of  Your order. We only accept payment by PayPal or credit card. Gift certificates issued by Pai-Shau can also be used to purchase items offered on the Professional Website.


We accept only the following charge cards and credit cards: MasterCard®, Visa® and American Express®. Your order will be dispatched once We have verified Your payment method and received authorization to process Your payment.


Your credit card will only be debited when Your order is dispatched. If any of the products in Your order are unavailable, We will only charge You the prices (including taxes and delivery costs) for the Products available.