Terms & Conditions
OverviewThis website is operated by Function Inc. Throughout the site, the terms “we”, “us” and “our” refer to Function Inc. Function Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store TermsBy agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General ConditionsWe reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICESCertain products or services may be available exclusively online through the website. Products or services may have limited quantities and are subject to return or exchange only according to our You x Function Contract. Due to the customized nature of the products, all orders are non refundable We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - REFERRAL PROGRAMThe Function of Beauty Referral Program (“Referral Program”) is offered by Function, Inc. (“Function of Beauty”) and provides Customers who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the Function of Beauty community as a new Customer. These Program Rules apply to both referrers and referred Users, please read carefully to understand your respective rights and obligations. To be eligible to participate in the Referral Program as a referrer, you must have a Function of Beauty account, have purchased a personalized set and have a valid form of accepted payment on file. However, if you violate the Referral Program Rules or any applicable Terms of Service, Function of Beauty may suspend or terminate your ability to participate in the Referral Program under your account. Under the Referral Program, Function of Beauty will provide you with a unique link (URL) to distribute to eligible individuals to become new customers. Function of Beauty owns all rights to all links provided to you. You acknowledge and agree that: (a) you have no ownership rights in any form over the Function of Beauty Codes or Credit, and (b) Function of Beauty may reclaim, deactivate, invalidate or terminate your Function of Beauty Code or Credit at any time at its discretion. (c) Credits are only applicable to new customers who have never made a Function of Beauty Purchase (d) Credits have no cash value and cannot be used retroactively for prior purchases In connection with your participation in the Referral Program, you expressly agree to the following restrictions: No spamming. You agree that you will not “spam” anyone with invitations to join the Function of Beauty community, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. No use of scripts, program, or automatic dialers. You agree that you will not create or use any script, program, bots, predictive dialers, or other automated systems to facilitate the sending of invitations or communications to any person. No misrepresentations. You agree that you will not make any misrepresentations concerning Function of Beauty, or the characteristics or qualification requirements for any referral rewards. You acknowledge that Function of Beauty may change the characteristics or qualification requirements for referral rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of credit, expiration date). No exchange of value. You agree that you will only distribute your Function of Beauty Code free of charge only for promotional purposes. You may not sell, trade, or barter your Function of Beauty Code under any circumstances. You may not pay or provide anything of value to an invited user beyond any referral credit or collateral supplied by Function of Beauty. No advertising. You agree that you will not pay to advertise your Function of Beauty Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist. No fraud or abuse. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) Function of Beauty, the terms of the Function of Beauty Referral Program, or any invited users. No mass distribution of codes. Codes should only be distributed to friends, family and those you know personally. Codes are not allowed on Function of Beauty’s Facebook ads or marketing material If you violate any of these restrictions Function of Beauty may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions. You are eligible to earn a referral incentive (“Referral Reward”) for each new Referred Customer that you refer to Function of Beauty (subject to certain maximum limits and the other terms in these Referral Program Rules). As discussed above, in order to qualify as your Referred Customer, the new Customer must satisfy the applicable Reward Criteria. The Reward Criteria are set by Function of Beauty in its sole discretion and are subject to change at any time. Function of Beauty, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Customers or prospective Customers. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with Function of Beauty. New Customers you refer may receive Function of Beauty credit upon purchasing their first set of Function of Beauty products (“Referral Credit”). Referral Credit is only valid for use on Function of Beauty and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or other limitations which will be communicated to the new Customer. New Customers should check the Accounts tab to determine whether they have Referral Credit and any restrictions on its use. All terms and conditions for the distribution and use of Referral Credit are determined by Function of Beauty in its sole discretion. Only one person can earn a Referral Reward for a single newly Referred Customer. In the event that multiple persons claim credit for a particular referral, Function of Beauty has full discretion to determine which person earned such referral according to Function of Beauty’s systems. Function of Beauty reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that Function of Beauty determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and Function of Beauty. The following terms shall also apply to your participation in the Referral Program: Referred Customers who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other sign-on credit. Users cannot earn Referral Rewards for referring themselves. All Function of Beauty’s promotions run for a limited time only and are subject to change at Function of Beauty’s discretion.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Function Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Function Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAWThese Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware, United States.
SECTION 20 - CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATIONQuestions about the Terms of Service should be sent to us at email@example.com.
GIFT CARD TERMS AND CONDITIONSThe following terms and conditions (“Terms”) apply to the use of Function of Beauty Gift Cards and eGift Cards (collectively, "Gift Cards"). Your purchase and use of the Gift Cards constitutes your agreement to follow and be bound by these Terms.
REDEMPTION AND USEGift Cards may only be redeemed toward the purchase of eligible goods and services provided by functionofbeauty.com and may not be used towards the purchase of another Gift Card. Promotional Credit may not be used towards the purchase of a Gift Card. Gift cards may not be reloaded, resold, or used for payment outside of the functionofbeauty.com website; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund (except to the extent required by law). No portion of your functionofbeauty.com balance may be transferred to another functionofbeauty.com account. Once redeemed through the Function of Beauty website, Gift Card balances must be applied to purchases prior to any promotional balance available.
LOST, DAMAGED OR STOLEN CARDS AND FRAUDIf lost, stolen or damaged, Gift Cards may be replaced for the remaining value if you provide satisfactory proof of purchase. Function of Beauty will not be responsible if your Gift Card is used without your permission. If we learn our customers were negatively impacted by an issue with our Gift Card systems, we’ll work quickly to take care of them. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly. Function of Beauty reserves the right to refuse to accept Gift Cards that are suspected or believed to be obtained fraudulently.
EXPIRATION AND FEESGift Cards do not expire, and there are no fees associated with them.
LIMITATION OF LIABILITYGift Cards are provided on a ‘As Is’ basis and Function of Beauty disclaims all warranties of any kind, either express or implied, with respect to the gift cards, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Function of Beauty does not represent or warrant that your gift card will always be accessible or accepted. Function of Beauty shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the gift cards or use of such gift cards. In the event that Function of Beauty is found liable to you, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your gift card. Certain provisions of the foregoing paragraph may not apply to consumers within the state of New Jersey or in other jurisdictions where prohibited by law.
GENERAL TERMSBy using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to functionofbeauty.com or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your functionofbeauty.com balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an functionofbeauty.com account (or your functionofbeauty.com balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Function of Beauty may also issue promotional gift cards and gift codes (“Promotional Cards”). Promotional Cards are not subject to these Terms, cannot be applied to any previous orders, and may be subject to an expiration date and other conditions, as specified on the Promotional Cards or in related promotional materials.
PROMOTIONS & OFFERS
Black Friday SaleBuy three, Get one free offer valid from 11/13/23 at 10AM EST to 11/24/23 at 11:59 PM EST. Free product of the lowest retail value will be automatically applied at checkout. Promo is a one-time offer and does not apply to subsequent orders. Not valid on gift cards or previous orders. Cannot be combined with any other offers except when specified. Details of the offer are subject to change. Other conditions may apply.