Terms & Conditions

Important — Please Read Carefully. These Terms include (i) a binding individual arbitration provision and (ii) a class action and jury trial waiver in Section 18. They limit how disputes between you and DOCTOR HAMPTONS may be resolved. They also include important information about cosmetic-product use, the refundable nature of the $35 reservation deposit, returns, and limitations of liability.

Contents
  1. Acceptance & Eligibility
  2. Changes to Terms
  3. Account & Communications
  4. The Reservation Program
  5. Orders, Pricing & Payment
  6. Shipping & Delivery
  7. Returns & Refunds
  8. Promotions & Founding Pricing
  9. Cosmetic Product Disclosures
  10. Acceptable Use
  11. Intellectual Property
  12. User Submissions & Reviews
  13. Third-Party Services
  14. Disclaimers
  15. Limitation of Liability
  16. Indemnification
  17. Termination
  18. Dispute Resolution & Arbitration
  19. Governing Law
  20. California Buyer's Notice
  21. SMS Terms
  22. General Provisions
  23. Contact Us

1.Acceptance & Eligibility

By accessing or using the Services, you represent and warrant that (a) you are at least eighteen (18) years of age, (b) you have the legal capacity to form a binding contract, (c) you are not barred from receiving the Services under the laws of the United States or any other jurisdiction, and (d) you will use the Services only in accordance with these Terms and applicable law. The Services are intended for use by consumers in the United States.

2.Changes to These Terms

We may modify these Terms from time to time. The "Last Updated" date at the top reflects the date of the most recent revision. Material changes will be communicated by posting the revised Terms on the Site and, where required by law, by additional notice. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

3.Account & Communications

You may be required or invited to provide an email address and other contact information to place a reservation or order. You agree that the information you provide is accurate, current, and complete, and you will keep it updated. You consent to receive electronic communications from us, including transactional notices regarding your reservation, balance due, shipment, return, refund, or other Service updates. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

4.The Reservation Program — $35 Refundable Deposit

The Site offers a reservation and pre-order program under which you may reserve a place in line for a future Product release by paying a refundable deposit of thirty-five U.S. dollars ($35.00) (the "Deposit"). The terms of the Reservation Program are as follows:

  1. Reservation, not a sale. The Deposit is a reservation deposit. It is not a payment for a finished, in-stock good. Title and risk of loss in any Product remain with DOCTOR HAMPTONS until the Product is shipped to you.
  2. No guaranteed ship date. At the time you place a Deposit, no specific ship date is guaranteed. Estimated timeframes are provided for planning purposes and may change. We will notify you when your Product is ready to ship.
  3. Founding price lock. Subject to product availability, your Deposit holds the founding-customer price of $295 for the corresponding Product (the "Founding Price"). The remaining balance of $260, plus applicable taxes and shipping, will be charged when your Product is ready to ship and prior to shipment ("Balance Charge").
  4. Refundable at any time before shipment. The Deposit is fully refundable at any time prior to shipment, with no questions, no forms, and no time limit while the reservation is open. To request a refund, email hair@drhamptons.com from the email associated with your reservation.
  5. Refund timing. Approved Deposit refunds are processed back to the original payment method, generally within ten (10) business days. Posting times depend on your bank or card issuer.
  6. If we do not produce. If for any reason DOCTOR HAMPTONS elects not to bring the corresponding Product to production, all Deposits for that Product will be refunded in full to the original payment method within thirty (30) days of our decision, and we will notify you by email.
  7. Authorization to charge balance. By placing a Deposit, you authorize DOCTOR HAMPTONS (or its payment processor) to charge the remaining Balance to the payment method on file when your Product is ready to ship. We will provide email notice with the right to update your payment method or cancel your reservation prior to the Balance Charge. If we are unable to charge the Balance after reasonable attempts, your reservation may be cancelled and your Deposit refunded.
  8. Quantity, transferability, fraud. We may impose reasonable limits on the number of Deposits per person or household. Reservations are personal to you and may not be sold or transferred without our written consent. We reserve the right to cancel reservations and refund Deposits where we suspect fraud, abuse, error, or violation of these Terms.
  9. Chargebacks. If you initiate a chargeback for a Deposit you have already requested be refunded, we reserve the right to dispute it. Please contact us first; chargebacks are slower than direct refunds.

5.Orders, Pricing & Payment

All Product descriptions, pricing, and availability shown on the Site are subject to change at any time without notice. Prices are stated in U.S. dollars and exclude shipping and applicable taxes unless stated otherwise. Sales tax is calculated based on your shipping address and applicable law.

We accept the payment methods made available at checkout. Payment is processed by Stripe, Inc. or another payment processor we may engage. Your use of any payment method is subject to the processor's terms. We do not store full payment card numbers on our systems.

All orders are subject to acceptance by DOCTOR HAMPTONS. We reserve the right, at any time and without prior notice, to limit, refuse, or cancel any order; correct typographical, pricing, or other errors; verify orders for fraud; and require additional information before accepting an order. If we cancel an order or correct a price after a charge has been made, we will refund the difference (or the full amount, as applicable).

Promotion codes may not be combined unless expressly stated, are non-transferable, have no cash value, are valid only for the period specified, and may be revoked or modified by us at any time. Promotion codes are void if obtained through fraud, error, or in violation of these Terms.

6.Shipping & Delivery

We currently ship within the United States and to such other jurisdictions as may be specified at checkout. Shipping options, costs, and estimated delivery times are presented at checkout or in your shipment confirmation. Estimates are not guarantees. Risk of loss and title to Products pass to you upon our delivery of the Products to the carrier. You are responsible for providing an accurate, complete shipping address; reshipment of orders returned due to address errors may incur additional charges.

If your Product arrives damaged or you do not receive it, please contact hair@drhamptons.com within fourteen (14) days of the carrier's delivery scan or expected delivery date so we can investigate and arrange a replacement, refund, or claim with the carrier as appropriate.

7.Returns & Refunds (After Shipment)

For reasons of safety, hygiene, and product integrity, opened Products that have come into contact with the skin or scalp are generally non-returnable. Subject to the foregoing and to applicable law:

The post-shipment return policy applicable to your specific order will be communicated clearly before your Balance is collected.

8.Promotions & Founding Pricing

Founding Pricing, launch discounts, bundles, and other promotional offers are made available at our discretion, in limited quantities, and for limited times. Once Founding Pricing inventory is allocated, DOCTOR HAMPTONS may revert to standard pricing without notice. We reserve the right to modify, suspend, or terminate any promotion at any time. Promotions are void where prohibited.

9.Cosmetic Product Disclosures & Safe Use

DOCTOR HAMPTONS Products are cosmetic formulations intended to support a healthy scalp environment and the appearance of the hair. They are not drugs and are not intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to androgenetic alopecia, alopecia areata, telogen effluvium, or any other dermatologic or systemic condition. Statements regarding the Products on the Site or in any DOCTOR HAMPTONS marketing materials have not been evaluated by the U.S. Food and Drug Administration ("FDA").

Individual results vary. No specific cosmetic outcome is guaranteed. Use of the Products is not a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing significant hair loss or scalp symptoms, you should consult a qualified physician.

Use as directed. Use the Products only as directed on the label and any accompanying instructions. Read the full ingredient list before use. Discontinue use immediately if irritation, redness, itching, burning, swelling, or other adverse reaction occurs, and consult a physician.

Do not use if you are pregnant, nursing, or planning to become pregnant without first consulting your physician; if you have a known sensitivity or allergy to any ingredient; if you have an open wound, infection, or active dermatologic condition on the application area; or on persons under eighteen (18) years of age.

Patch test recommended. Before regular use, perform a patch test by applying a small amount of the Product to a discreet area and waiting twenty-four (24) hours to observe any reaction.

External use only. Do not ingest. Avoid contact with the eyes; if contact occurs, rinse thoroughly with water. Keep out of reach of children. Store as directed on the label.

10.Acceptable Use

You agree that you will not, and will not permit any third party to:

11.Intellectual Property

The Site and its contents — including all text, graphics, photographs, illustrations, designs, logos, trademarks, trade dress, formulations, copy, audio, video, and software — are owned by or licensed to DOCTOR HAMPTONS and are protected by United States and international intellectual property laws. "DOCTOR HAMPTONS," the DOCTOR HAMPTONS mark, and related marks and logos are trademarks of DOCTOR HAMPTONS. All rights not expressly granted in these Terms are reserved.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, or create derivative works of any portion of the Site, the Products, or our intellectual property except as expressly permitted in writing.

12.User Submissions, Reviews & Feedback

If you submit reviews, photographs, testimonials, suggestions, or other content to us or post to our social channels ("User Content"), you represent that you own or have the necessary rights to that User Content and grant DOCTOR HAMPTONS a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media for marketing and other business purposes, with attribution at our discretion. You waive any moral rights to the extent permitted by law. You represent and warrant that your User Content is your honest, independent opinion, complies with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials (16 C.F.R. Part 255), and discloses any material connection to DOCTOR HAMPTONS (such as receipt of free product or compensation).

13.Third-Party Services

The Services may include or interoperate with third-party products, services, websites, or platforms (including Stripe, shipping carriers, email and SMS providers, and analytics or advertising vendors). We are not responsible for, and make no warranties regarding, any third-party services. Your use of those third-party services is governed by their applicable terms and policies.

14.Disclaimers

To the fullest extent permitted by applicable law, the services and products are provided "as is" and "as available," without any representations or warranties of any kind, whether express, implied, statutory, or otherwise. DOCTOR HAMPTONS expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, DOCTOR HAMPTONS does not warrant that the services will be uninterrupted, secure, or error-free, that defects will be corrected, that the site or any servers are free of viruses or other harmful components, or that any product will achieve any particular cosmetic result. Information on the site is provided for general informational purposes only and does not constitute medical advice.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on the duration of implied warranties; the foregoing exclusions apply to the maximum extent permitted by applicable law.

15.Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall DOCTOR HAMPTONS, its affiliates, or any of their respective officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for lost profits, lost revenue, lost data, business interruption, or loss of goodwill, arising out of or in connection with these terms, the services, or the products, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, even if DOCTOR HAMPTONS has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the aggregate liability of DOCTOR HAMPTONS to you for any and all claims arising out of or relating to these terms, the services, or the products shall not exceed the greater of (a) the amount you actually paid to DOCTOR HAMPTONS in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (us$100).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud or intentional misconduct.

16.Indemnification

You agree to defend, indemnify, and hold harmless DOCTOR HAMPTONS, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use or misuse of the Services or Products; (b) your violation of these Terms or any applicable law; (c) your User Content; or (d) your infringement or violation of any third-party right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

17.Termination

We may suspend or terminate your access to the Services, refuse any reservation or order, and/or cancel any pending reservation or order, at any time and for any reason, including for suspected fraud, abuse, violation of these Terms, or where we are required to do so by law. Sections that by their nature should survive termination (including Sections 11, 14, 15, 16, 18, 19, and 22) will survive.

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

Please read this Section carefully. It affects your legal rights.

A. Informal Resolution

Before filing any claim, you and DOCTOR HAMPTONS agree to first attempt to resolve any dispute informally for at least sixty (60) days. To begin informal resolution, you must send a written notice describing the dispute and requested relief to hair@drhamptons.com, with the subject line "Notice of Dispute," and include your name, mailing address, and contact information.

B. Binding Individual Arbitration

If the dispute is not resolved through informal resolution, you and DOCTOR HAMPTONS agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Products (each, a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules and a form for initiating proceedings are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be New York, New York, although you may elect to participate by telephone or videoconference, or to have a hearing based solely on written submissions, to the extent permitted by the AAA Rules. The arbitrator may award any individualized remedy that a court could award. Judgment on the award may be entered in any court of competent jurisdiction.

C. Class Action and Jury Trial Waivers

You and DOCTOR HAMPTONS agree that any dispute will be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. You and DOCTOR HAMPTONS further waive any right to a trial by jury.

D. Exceptions

Notwithstanding the foregoing, either party may (i) bring an individual action in small claims court for a Dispute within that court's jurisdiction; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights; and (iii) elect to proceed in court if the Dispute concerns the validity, enforceability, or scope of the class action waiver in Section 18(C).

E. Right to Opt Out

You may opt out of this Section 18 by sending written notice of your decision to opt out within thirty (30) days of first becoming subject to these Terms. The notice must be sent to hair@drhamptons.com with the subject line "Arbitration Opt-Out" and include your name, mailing address, and the email address associated with your account or order. If you opt out, all other provisions of these Terms remain in effect.

F. Governing Federal Law

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section. If any provision of this Section 18 is found unenforceable, the remainder shall continue to apply, except that if the class action waiver in Section 18(C) is found unenforceable, the entire Section 18 shall be null and void as to the affected claim, and that claim shall be brought in court in accordance with Section 19.

19.Governing Law & Forum

These Terms and any Dispute not subject to arbitration shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to Section 18, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any non-arbitrable Dispute. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.California Buyer's Notice

Pursuant to California Civil Code § 1789.3, California users of the Services may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21.SMS Terms

If you opt in to receive text messages from DOCTOR HAMPTONS, you consent to receive recurring marketing and transactional text messages at the mobile number you provide. Message frequency varies. Message and data rates may apply. Consent is not a condition of any purchase. Reply STOP to opt out and HELP for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for additional information about how we handle mobile information.

22.General Provisions

23.Contact Us

Customer & Legal Contact

DOCTOR HAMPTONS

910 Park Avenue, Manhattan, NY

Email: hair@drhamptons.com

Site: doctorhamptons.com

Cosmetic Product Notice. DOCTOR HAMPTONS products are cosmetic formulations. They are not drugs and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Statements on the Site have not been evaluated by the U.S. Food and Drug Administration. Individual results vary.