Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and MAMITA’S LLC, doing business as Ipnosi Professional (“Ipnosi Professional,” “we,” “us,” or “our”), and govern your access to and use of ipnosiprofessional.com/us and related pages (the “Site”), your account, and your purchase of products from us (the “Products”). They include our Privacy Policy and Cookie Policy, which are incorporated by reference, and the shipping, return, and refund terms in Sections 9 and 10.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 21 THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. By accessing the Site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Site or place an order.

1. About Us and These Terms

Ipnosi Professional is a brand of professional and retail hair color and hair care products. The Site is operated by MAMITA’S LLC, 6130 West Flamingo Road, Suite 137, Las Vegas, Nevada 89103. You may contact us at info@ipnosiprofessional.com or +1 (866) 557-0304. Orders are prepared and shipped from our fulfillment location in California.

We may change these Terms at any time as described in Section 25. The version posted on the Site when you place an order governs that order.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to create an account or place an order. If you use the Site or place an order on behalf of a business, you represent that you are authorized to bind that business to these Terms, and “you” includes that business. The Site is offered to customers with delivery addresses in the United States.

3. Accounts

You may browse the Site without an account. To use certain features, you may create a customer account or apply for a professional account. You agree to provide accurate, current, and complete information and to keep it up to date; to confirm your email address; to choose a strong password and keep it confidential; and to notify us promptly at info@ipnosiprofessional.com of any unauthorized use of your account. You are responsible for all activity that occurs under your account.

We may suspend, restrict, or close an account, and may cancel pending orders, if we reasonably believe that the account holder has provided false or misleading information, has violated these Terms, is using the Site abusively or fraudulently, or poses a risk to the Site, to other users, or to us. Unverified customer accounts are automatically deleted after seven days. You may ask us to close your account at any time.

4. Professional Accounts and Professional-Only Products

Certain Products, including products in our Shockolor, Attiva, and Perfect Blonde lines and professional-size formats, are formulated for use by trained hair professionals and are sold only to approved professional accounts. To apply, you must submit the information we request and a document that demonstrates your professional status, such as a cosmetology, barber, or business license, a resale or sales tax certificate, or an equivalent document. We review each application individually. Approval is at our sole discretion, and we may request additional information, decline an application, or revoke professional access at any time, including if the information provided is inaccurate or no longer valid, if the account is used in violation of these Terms, or if the Products are misused.

Professional pricing and professional-only Products are available only to approved professional accounts that are signed in. Professional pricing is confidential and may not be disclosed to third parties. Professional-only Products are sold for use by trained professionals in the course of their services. You may not resell professional-only Products to the general public, whether online, through third-party marketplaces, or through websites you do not own, without our prior written consent. By ordering professional-only Products, you represent that you have the training and licenses required by law to use them and that you will follow the label, the instructions for use, and the safety information provided.

5. Product Information; Product Use and Safety

We make reasonable efforts to describe our Products accurately, including their contents, images, shade names, and technical data sheets. Colors displayed on a screen may differ from the actual Product, and the results of hair color, lightening, and treatment Products vary according to the starting condition, porosity, and previous treatment of the hair, the products and techniques used, and processing time. Images and descriptions are illustrative, and results are not guaranteed.

Hair color and lightening Products can cause allergic reactions, which in some cases can be severe. Before each use you must read and follow the label and the instructions for use, and you must perform a skin sensitivity (patch) test at least 48 hours before applying the Product, as the instructions direct. Do not use the Product if you have a rash, irritation, or broken skin on the scalp, if you have had a reaction to hair color before, or if you are allergic to any ingredient. Wear gloves, avoid contact with eyes, and rinse immediately and thoroughly if contact occurs. Keep Products out of the reach of children. Do not mix Products unless the instructions direct you to do so.

CAUTION: This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness. This statement applies to each hair color Product we sell, whether or not it is repeated on the Product page.

Aerosol Products, such as hairsprays and mousses, are flammable, are contained under pressure, and must be used and stored away from heat, flames, and direct sunlight. The Products are cosmetics intended for external use on hair, as described on their labels; they are not drugs and are not intended to diagnose, treat, cure, or prevent any disease. We are not responsible for damage resulting from use that does not follow the label and instructions, from use by persons without the necessary training, or from use of professional-only Products by persons who are not professionals.

If you experience an adverse reaction, stop using the Product, seek medical attention if needed, and contact us at info@ipnosiprofessional.com with the Product name and lot number so that we can record and investigate the report.

6. California Proposition 65

Where required by the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), California Health and Safety Code Section 25249.5 et seq., a Product displays a warning that it can expose you to chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, including through a warning on the Product label, on the Product page, or at checkout. For more information, visit www.P65Warnings.ca.gov.

7. Pricing, Availability, and Taxes

All prices on the Site are in United States dollars and are exclusive of shipping, handling, and sales or use taxes, which are calculated and displayed before you place your order. We may change prices, discontinue Products, limit quantities, and correct pricing or description errors at any time. Availability is not guaranteed. If we discover an error in the price or description of a Product after you place an order, we may cancel the order and will refund any amount you have paid.

Sales tax is calculated at checkout by our tax calculation provider based on the delivery address, the Products, and the tax rules in effect for that destination. You are responsible for any taxes that apply to your purchase and are not collected by us. If you are purchasing Products for resale and are entitled to an exemption, you must provide a valid resale or exemption certificate acceptable to the applicable taxing authority before the order is placed or shipped; without one, we will charge tax as required by law. Products purchased by a professional for use in providing services, rather than for resale, are generally subject to tax.

8. Orders and Payment

When you place an order, you make an offer to purchase the Products in your cart. Your order is not accepted until we send you an email confirming that your order has shipped, and we may decline or cancel any order in whole or in part, including because of stock limitations, pricing or description errors, suspected fraud or unauthorized use, failure to qualify for professional-only Products or pricing, or inability to verify your information. If we cancel an order for which you have already paid, we will refund the amount paid. An order confirmation email acknowledges receipt of your order and does not constitute acceptance.

Payments are processed by Stripe. You authorize us, through Stripe, to charge the total amount of your order, including Products, shipping, and taxes, to the payment method you provide, and you represent that you are authorized to use it. We do not receive or store your full payment card details. Stripe’s terms and privacy policy govern its processing of your payment information. If a payment is declined or reversed, we may cancel or suspend the order. You agree to contact us at info@ipnosiprofessional.com to resolve any billing question before initiating a chargeback.

If you need to change or cancel an order, email us as soon as possible. We will make reasonable efforts to modify or cancel orders that have not yet been prepared for shipment, but we cannot guarantee that we will be able to do so once an order is being processed.

9. Shipping and Delivery

We ship to addresses in the 50 United States and the District of Columbia. Shipping options, carriers, rates, and estimated delivery times are shown at checkout, where rates may be calculated based on the Products, their weight and dimensions, and your delivery address. Orders with a merchandise subtotal of $150.00 or more, after discounts and before taxes and shipping, qualify for free standard shipping to a delivery address in the United States, and when free shipping applies it is the only shipping option offered at checkout.

Orders are generally prepared and shipped within one to three business days after we accept them, excluding weekends and holidays, although this period may be longer during periods of high demand. Delivery estimates are provided by the carriers, are not guarantees, and do not include processing time. We are not liable for delays caused by carriers, weather, or other events outside our control.

Aerosol Products and other Products that carriers classify as hazardous materials for transportation are shipped by ground service only and may be unavailable for delivery to Alaska, Hawaii, and other destinations that require air service. Some carriers do not deliver to post office boxes. We may split an order into more than one shipment.

You are responsible for providing a complete and accurate delivery address. If a package is returned to us as undeliverable because of an incorrect or incomplete address or because it was not claimed, we may charge you the cost of reshipping it or may refund the order minus the original shipping charges and the return shipping cost.

Risk of loss and title to the Products pass to you when the carrier delivers the order to the address you provided. Please inspect your package on arrival. If a package arrives damaged, is missing items, or shows as delivered but was not received, contact us at info@ipnosiprofessional.com within seven days of the delivery date shown by the carrier, with your order number and, where possible, photographs, so that we can resolve the matter with the carrier. We will replace or refund Products that are lost or damaged in transit.

10. Returns, Replacements, and Refunds

Damaged, defective, or incorrect Products. If a Product arrives damaged or defective, or is not the Product you ordered, contact us at info@ipnosiprofessional.com within seven days of delivery with your order number, a description of the problem, and photographs. After we confirm the issue, we will, at your choice where inventory permits, replace the Product or refund the price paid, including the original shipping charge, and we will pay the cost of returning the Product if we ask you to send it back.

Unopened Products. You may return Products that are unopened, unused, sealed, and in their original packaging within seven days of delivery for a refund of the price paid for the returned Products. To start a return, email info@ipnosiprofessional.com with your order number and the Products you wish to return, and wait for our written return authorization and instructions before sending anything. Returns sent without authorization may not be accepted. Return shipping costs are your responsibility unless the return is due to our error, and the original shipping charge is not refunded for returns made for reasons other than our error. We recommend using a trackable shipping method, because we cannot be responsible for returns that are lost in transit.

Opened or used Products. For reasons of hygiene and safety, opened, used, mixed, or applied Products, and Products that are not in resalable condition, cannot be returned unless they are defective or incorrect, as described above. Professional-only Products may be returned only if they are unopened and sealed. Products that have been customized for you, and gift or promotional items, may not be returned unless the law requires otherwise.

Refunds. We will inspect returned Products when we receive them and will notify you of the result. Approved refunds are issued to the original payment method within ten business days after we receive and approve the return, or after we confirm a damaged, defective, or incorrect Product, and may take additional time to appear on your statement according to your card issuer. Refunds of Products include the sales tax collected on them. Nothing in this Section limits any rights that you have under applicable law that cannot be waived.

11. Acceptable Use

You agree not to: use the Site for any unlawful, fraudulent, or deceptive purpose; submit false, forged, or misleading applications, documents, or information; impersonate any person or entity; interfere with or disrupt the Site, its security features, or the servers and networks connected to it; attempt to gain unauthorized access to the Site, to other accounts, or to our systems; use bots, scrapers, or other automated means to access the Site, collect data, create accounts, or place orders; transmit malware or other harmful code; circumvent any restriction on professional-only Products or professional pricing; or use the Site in a way that violates any applicable law or the rights of others.

12. Intellectual Property

The Site and all of its content, including text, graphics, photographs, logos, product names, formula descriptions, technical data sheets, catalogs, and software, and the IPNOSI and Ipnosi Professional names and marks, are owned by us or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site and to download and print the materials we make available for download, such as technical data sheets and catalogs, for your own personal or professional use in connection with the Products. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, or use our content or marks for any commercial purpose, or in any manner that suggests our endorsement, without our prior written consent. All rights not expressly granted are reserved.

13. Third-Party Services and Links

The Site relies on third-party services, including payment, tax calculation, shipping, email, and security providers, and may link to third-party websites. Those third parties are responsible for their own services, terms, and privacy practices, and we are not responsible for their content, availability, or conduct. Your use of a third-party service is at your own risk and subject to that third party’s terms.

14. Electronic Communications and Signatures

You consent to receive notices, disclosures, receipts, and other communications from us electronically, including by email and by posting on the Site, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You agree that your electronic acceptance of these Terms, including by clicking to place an order or create an account, is the legal equivalent of your signature, in accordance with the federal Electronic Signatures in Global and National Commerce Act and applicable state law.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE SITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED WITH ANY PRODUCT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. This disclaimer does not limit any warranty that cannot be excluded under the law of your state, and you may have other rights that vary by state.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAMITA’S LLC, IPNOSI PROFESSIONAL, OR OUR AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR ORDER THAT GAVE RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by our negligence, or any right you may have under a state consumer protection statute that cannot be waived. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

If you are a professional or business customer, you are responsible for the services you perform for your own clients, for compliance with the laws and licensing requirements that apply to your services, and for using professional Products in accordance with the label and instructions.

17. Indemnification

If you are a professional or business customer, you agree to defend, indemnify, and hold harmless MAMITA’S LLC and its affiliates, members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, your violation of applicable law, your use of the Products in a manner contrary to their labeling or instructions, or the services you provide to your clients. This Section does not apply to consumers to the extent prohibited by law.

18. Accessibility

We want the Site to be usable by everyone. If you have difficulty using any part of the Site because of a disability, or if you need information in an alternative format, please contact us at info@ipnosiprofessional.com with a description of the problem, and we will work with you to provide the information or complete your order.

19. Termination

You may stop using the Site and ask us to close your account at any time. We may suspend or terminate your access to the Site, your account, or your ability to place orders at any time, with or without notice, if we reasonably believe that you have violated these Terms or applicable law. Sections that by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law, will survive.

20. Governing Law

These Terms and any dispute arising out of or relating to them, the Site, or the Products are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules, and, to the extent applicable, by the Federal Arbitration Act and other federal law. If you are a consumer, this choice of law does not deprive you of any mandatory consumer protections provided by the law of the state in which you live.

21. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

Informal resolution. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally. You must send a written notice of the dispute to info@ipnosiprofessional.com, describing the nature of the claim, your contact information, and the relief you seek. If the dispute is not resolved within thirty days after we receive your notice, either of us may start a formal proceeding.

Agreement to arbitrate. Except for the matters described below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Products, or any order, including its formation, interpretation, validity, or enforceability, will be resolved exclusively by final and binding arbitration on an individual basis, and not in court before a judge or jury. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, if you are a consumer, or its Commercial Arbitration Rules, if you are not, as modified by this Section, and the rules are available at www.adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will take place by video conference, by telephone, or on written submissions, or, if an in-person hearing is required, in the county where you live or at another location we agree on. The arbitrator may award the same individual relief that a court could award and must follow these Terms. Judgment on the award may be entered in any court that has jurisdiction. Payment of filing, administrative, and arbitrator fees will be governed by the AAA rules, and we will pay the fees that the AAA rules require us to pay and any fee the arbitrator determines we must pay to make the arbitration affordable to you.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights. This Section does not require arbitration of claims that, under applicable law, cannot be made subject to a pre-dispute arbitration agreement.

Class action waiver. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a claim, that claim, and only that claim, will be decided in court, and the remaining claims will be arbitrated.

Right to opt out. You may opt out of this arbitration agreement and class action waiver by sending an email to info@ipnosiprofessional.com with the subject “Arbitration Opt-Out” within thirty days after you first accept these Terms. Your email must include your name, the email address used for your account or orders, and a clear statement that you opt out. If you opt out, neither of us will be required to arbitrate, and the other provisions of these Terms will continue to apply.

Venue. For any dispute that is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, and waive any objection to venue there, except that a consumer may also bring an individual claim in the courts of the county where the consumer lives where the law of that state requires it. If any part of this Section is found to be unenforceable, the rest remains in effect to the fullest extent permitted by law. This Section survives termination of these Terms.

22. Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following consumer rights notice: the provider of this service is MAMITA’S LLC, 6130 West Flamingo Road, Suite 137, Las Vegas, Nevada 89103, telephone +1 (866) 557-0304, email info@ipnosiprofessional.com. If you have a question or complaint regarding the Site or the Products, please contact us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

23. General

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, and any terms presented at checkout, are the entire agreement between you and us regarding the Site and the Products and supersede all prior agreements and understandings on that subject.

Severability and waiver. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, labor disputes, governmental actions, failures of carriers, utilities, or the internet, and cyberattacks.

Notices. We may give you notice by email to the address associated with your account or orders, or by posting on the Site. You may give us notice at info@ipnosiprofessional.com.

Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

24. Export and Sanctions

You represent that you are not located in, and will not use or ship the Products to, a country or region that is subject to a United States government embargo, and that you are not on any United States government list of prohibited or restricted parties.

25. Changes to These Terms

We may revise these Terms from time to time. We will post the revised Terms on this page with a new “last updated” date, and, if the changes are material, we will give you notice by email or by a prominent notice on the Site before they take effect. Your continued use of the Site or placement of an order after the revised Terms take effect means that you accept them. A revision does not apply to an order placed before the revision took effect.

26. Contact Us

MAMITA’S LLC, doing business as Ipnosi Professional, 6130 West Flamingo Road, Suite 137, Las Vegas, Nevada 89103. Email: info@ipnosiprofessional.com. Telephone: +1 (866) 557-0304.