These Terms and Conditions of Sale (the “Terms”) set forth the terms and conditions that govern purchases by any purchaser (the “Buyer”) of cosmetics, gift certificates, and other products (the “Products”) from BeyondAF, LLC (“BeyondAF”) within the United States via our website at https://beyondaf.com and any derivative, co-branded or successor site as BeyondAF may make available from time to time (“Website”). BeyondAF reserves the right, at any time and in its sole discretion, to update, revise or otherwise modify the Terms without notice. The Terms and any purchase orders and other agreements regarding the purchase of the Products shall be referred to as the “Agreement.”
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. IF BUYER DOES NOT AGREE TO SUCH TERMS AND CONDITIONS OF SALE, PLEASE DO NOT PURCHASE PRODUCTS VIA THE WEBSITE. BY PURCHASING PRODUCTS ON THE WEBSITE, BUYER AGREES TO THESE TERMS AND CONDITIONS OF SALE.
All agreements between Buyer and BeyondAF to purchase the Products shall be governed by the terms and conditions herein. BeyondAF hereby objects to any additional or different terms which may be contained in any of Buyer’s purchase orders, acknowledgements or other documents or any communications received from Buyer, and Buyer and BeyondAF hereby agree that any such attempts shall be null and void and not deemed a part of the terms and conditions hereunder or any resulting order.
The prices for the Products are based on BeyondAF’s current prices shown on the Website, in effect at the time of order, for the Products. All current prices are subject to change by BeyondAF at any time without prior notice.
All payments for the Products are payable in only United States Dollars. Buyer shall make payment in full of the amount due at the time of order. Payments may be made only via certain credit cards or via Buyer’s PayPal account as set forth on the Website.
Charges will be assessed on past due accounts as follows: (i) a late charge at a rate equal to the lesser of one and one-half percent (1.5%) each month or the highest rate permitted by applicable law and (ii) reasonable collection costs and expenses, including attorneys’ fees and court costs. Buyer’s failure to pay in accordance with the provisions of this Section 2 shall entitle BeyondAF, without prejudice to its rights to damages, to suspend or cancel any outstanding orders or require further assurance of payment from Buyer.
Products purchased via the Website will be shipped to Buyer within the United States using a method that Buyer selects from the list made available by BeyondAF when Buyer proceeds to checkout and payment on the Website. For purposes of clarity, BeyondAF will not accept orders from parties outside the United States and will not ship Products to locations outside the United States. In addition to the prices and other amounts as set forth herein, Buyer will be responsible for payment of the applicable shipping costs and expenses, such shipping costs and expenses to be paid when Buyer proceeds to checkout and payment on the Website.
In addition to the prices and other amounts as set forth herein, Buyer shall pay any and all sales tax, use tax, excise tax, value-added tax, duty, or any other tax, fee or charge of any nature whatsoever, except for taxes on BeyondAF’ income, imposed by any governmental authority on or measured by the transaction between BeyondAF and Buyer.
The Products shall be delivered, unless otherwise agreed to by the parties, freight on board place of shipment upon delivery to the applicable carrier by BeyondAF in Towson, Maryland. Delivery of the Products to a carrier at BeyondAF’s facility shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by Buyer.
BeyondAF reserves the right to make delivery in partial installments, unless otherwise expressly stipulated herein. All such partial installments will be separately delivered and paid for when due, without regard to subsequent deliveries. Any delay in delivery of any partial installment shall not relieve Buyer of its obligation to accept remaining deliveries.
Buyer acknowledges that all delivery dates are approximate. In no event shall BeyondAF be liable for any delays in delivery of the Products.
Notwithstanding the foregoing, BeyondAF shall retain title to the Products until it has received payment in full of all such amounts owed by Buyer to BeyondAF due in connection with the Products delivered hereunder or any other account.
Buyer must examine the Products when they are received by Buyer. Buyer shall make any and all claims for shortages, defects or other errors in delivery in writing to BeyondAF within fifteen (15) days of receipt of shipment. Failure to give such notice shall constitute unqualified acceptance of all shipments made prior to BeyondAF’s receipt of Buyer’s notice of such claims, and shall constitute a waiver of all such claims by Buyer.
All sales of the Products, including without limitation, gift certificates, are final except as follows: Products, other than gift certificates, in unused and undamaged condition may be returned within thirty (30) days of purchase for either exchange with another product, or refund to Buyer’s credit card or PayPal account that was used to make the original purchase.
To make any return of the Products to BeyondAF, Buyer must obtain a return merchandise authorization number by contacting BeyondAF, at firstname.lastname@example.org, prior to returning any Products to BeyondAF. Upon providing a return merchandise authorization, BeyondAF shall provide a return shipping label, at BeyondAF’s reasonable expense. Any returns made on a cash on delivery basis or without a return merchandise authorization number may be refused by BeyondAF, in its sole discretion. Notwithstanding the foregoing, Buyer may return the Products within thirty (30) days of purchase at any physical store location of About Faces Day Spa & Salon, who is authorized to accept certain returns on behalf of BeyondAF.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEYONDAF DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Products THAT are not manufactured by BeyondAF are covered only under their respective manufacturer’s warranty. Buyer is advised to read and strictly follow ALL MANUFACTURER instructions, DIRECTIONS, AND WARNINGS for the products. BUYER SHOULD CONSULT WITH BUYER’s HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL as needed.
THE INFORMATION ABOUT THE PRODUCTS PRESENTED ON THE WEBSITE (FOR EXAMPLE, PRODUCT COLOR) IS MADE AVAILABLE SOLELY FOR INFORMATION PURPOSES. BEYONDAF DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE THAT BUYER PLACES ON SUCH INFORMATION IS STRICTLY AT BUYER’S OWN RISK.
BEYONDAF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF BEYONDAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT BEYONDAF’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID TO BEYONDAF UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PRIOR TO ANY CLAIM.
Buyer acknowledges that BeyondAF and/or its suppliers retain all right, title and interest in and to any and all copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights related to the Products. Buyer may not remove or obscure any copyright notice, trademark notice or other notices contained within the Products. All implied licenses are disclaimed.
Buyer represents and warrants to BeyondAF that: (i) he or she is at least 18 years old; (ii) in the event that Buyer is an entity, that it has the full right, power and authority to enter into this Agreement; (iii) the performance by Buyer of its obligations and duties hereunder, do not and will not violate any agreement to which Buyer is a party or by which the Buyer is otherwise bound; and (iv) Buyer shall comply in all respects with all applicable laws, statutes, regulations, ordinances and other rules regarding the Products.
THE PARTIES AGREE THAT THIS AGREEMENT AND THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS. THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND/OR STATE COURTS IN THE STATE OF MARYLAND FOR THE RESOLUTION OF ANY DISPUTES AMONGST THE PARTIES UNDER THIS AGREEMENT.
This Agreement constitutes the entire agreement between Buyer and BeyondAF with respect to the subject matter herein, superseding any prior agreements between Buyer and BeyondAF. Buyer further acknowledges and agrees that the Buyer may not assign any part of this Agreement without BeyondAF’s prior written consent, which may be withheld at its sole discretion. This Agreement shall inure to the benefit of each party’s successors and assigns. BeyondAF shall not be deemed to be in breach of the Agreement and thereby liable to Buyer or any third party for any delays in the performance of its obligations hereunder caused by fire, explosion, act of God, strikes, war, riot, government regulation, delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities or any other act or cause beyond the reasonable control of BeyondAF. The failure of BeyondAF to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
If Buyer has any questions about this Agreement, or any question or problem regarding the Products, Buyer can contact BeyondAF by mail at BeyondAF, LLC, 110 West Road, Suite 222, Towson, Maryland 21204 or email email@example.com.
Effective: November 1, 2018