DEFINITIONS

In this document the following words shall have the following meanings:

• “Buyer” means the organization or person who buys Goods
• “Goods” means the articles and services to be supplied to the Buyer by the Seller;
• “Intellectual Property Rights” means all registered and unregistered designs, know-how and all other forms of intellectual property wherever in the world enforceable;
• “Seller” means FTX Wellness

GENERAL

• These Terms and Conditions shall apply to sales and/or exchange of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
• Any variation to these Terms of Service (including any special terms of service agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
• By creating a login account with the Seller or entering into a sale with the Seller is an expressed agreement of all terms of service on this page now and in the future, and in any relevant proposals sent by the Seller, as deemed relevant solely by the Seller.

PRICE AND PAYMENT

• The price shall be the Recommended Retail Price less any agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
• Terms of payment will be offered and explained by the Seller through PayPal, Stripe, Authorize.net, and/or check. The offer of credit or partial payment via PayPal or otherwise will be at the sole discretion of the Seller.
• If payment of the price or any part thereof is not made by the due date as determined by the Seller, the Seller shall be entitled to: require payment in advance of delivery in relation to any Goods not previously delivered; refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

SERVICE, CANCELLATION, LATE ARRIVAL, AND GRATUITY POLICIES

• We have a NO REFUND policy for all services.  In the event that you are not completely satisfied, please let us know at the time of service or no later than 48 hours later of your initial appointment date. We offer complimentary repairs or corrective service within 48 hours from your original service date.  Complimentary corrective services or repairs are subject for approval by management, which does not included changing your mind about polish/gel polish/dip powder colors at the end of your service appointment. Any other issues will be reviewed on a case-by-case basis with management.  

• If you are unable to keep your appointment time, please let us know 24 hours in advance so we may schedule a new time that would work better for you. For late arrivals, your appointment time may not be guaranteed if you are more than 10 minutes late as there are other appointments scheduled after yours. 

• We apologize for the inconvenience, gratuities may not be added to credit cards with services.

RISK

Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first. Regarding monthly services, the Buyer accepts full liability for the change in ranking and penalty related to their site in all instances. While the Seller accepts responsibility to carry out desired results, there are no guarantees for results offered, promoted, or shown. All rankings, results, and other items shown to Buyer are not guarantees of success, but estimates, and should not be seen as average or typical. Any and all claims made by Seller are for educational and informational purposes only. There is no assurance that prior and all successes shown, or past results, can be used as an indication of future results. The Seller agrees that the Buyer is not liable for any success or failure of the Buyer’s business decisions related to any information provided by the Buyer. Upon delinquent payment, the Seller reserves the full discretion to take any action necessary to obtain remaining balance, including but not limited to, to lock, privatize, or restricting administrative access to products in question, as well as other instances as the Seller’s sole discretion. In the event of delinquent or incomplete payment by the Buyer, the Buyer will be required to pay the Seller a minimum of $500,000, or a mutually agreed upon amount between Buyer and Seller. In the event of incomplete payment by the Buyer, violation of terms of service, or any other reason necessary, litigation can and will be pursued at the Seller’s sole discretion, with all legal fees incurred in seeking recovery to be reimbursed in full by the Buyer.

TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

LIMITATION OF LIABILITY

• The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
• In all events of copyright infringement, cease and desist letters and all other legal events pursued against the Seller, there will be a maximum liability payment of $500 to be paid by the Seller only if arbitration rules in favor opposing the Seller. In all events of litigation brought forth against the Seller, the Prosecution agrees to pay the Seller’s legal fees and costs incurred during litigation, regardless of the outcome of litigation.
• Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, unless explicitly written between both Buyer and Seller, become the absolute property of the Buyer and/or end user of Goods. The Seller shall do all that is reasonably necessary to ensure that such rights are executed by using the appropriate instruments or the making of agreements with third parties. Furthermore, any content or goods provided by Seller is not necessarily intended to represent any views or opinions by the Seller. The Seller does not claim any level of accuracy, legitimacy of statements, or make any other content or goods claims, as these will all reside with the Buyer.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, shipping delays, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW AND JURISDICTION

Any legal proceedings, whether initiated by the Seller or not, will be heard, reviewed and pursued in the county and state of the Seller’s sole discretion. If not stated otherwise, this will be Florida, United States. This Agreement shall be governed by and construed in accordance with the laws of the United States and the parties hereby submit to the exclusive jurisdiction of the United States courts.

Address: 7815 NW Beach Square Blvd, Suite #201, Boca Raton, FL 33487

CONTACT US

If there are any questions regarding this document, please email frontdesk@ftxwellness.com for assistance.

Last Updated: September 8, 2023