Terms and Conditions
Welcome to fyttbeauty.com! Please take a few minutes to review these Terms and Conditions.
These Terms and Conditions (Terms) govern your use of the fyttbeauty.com website and our mobile applications. Your use of our site or our mobile application constitutes your agreement to follow these Terms and to be bound by the following terms and conditions (the “Agreement”).
RIGHT TO UPDATE
Fytt, Inc. (Fytt) reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our website.
We do not sell or ship any items ordered through this Web site directly to anyone who we know to be under the age of 14, nor do we collect any personal information from anyone who we know to be under the age of 14. If you are under the age of 14, you should use this Web site only with the involvement of a parent or guardian and should not submit any personal information to us. Also, you can only use the site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. Your use of the site means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the site. We may also change our eligibility criteria.
Unless otherwise noted, all materials, including, without limitation the design of the Site and its pages, the layout of the Site and its pages, and all information, text, graphics, images, illustrations, logos, designs, icons, buttons, animations, photographs, video clips, sounds, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site and/or its pages (‘Content’) are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Fytt. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Fytt.
SITE CONTENTS & USE
The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Fytt.
You may NOT copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, of the Site, or any related software. Doing so will be considered a direct violation of Fytt’s copyright, trademark and other proprietary rights; furthermore, you acknowledge that doing so constitutes willful infringement exposing you to treble damages, and an award of attorney’s fees and costs.
This website and our mobile applications, and all Content available on this website, our mobile applications, or both, are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose.
You acknowledge, by your use of this website or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Fytt shall NOT be liable for any damages of any kind related to your use of this website or our mobile applications.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
PRODUCT, PRICING & OTHER ERRORS
We have made every effort to display as accurately as possible the colors and features of our products on the site. From time to time there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Fytt reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies, outside of our control, dictate when this amount is credited to your account.
On occasion, we will give our customers special offers we refer to as "promotion code”, “offer code”, “discount code" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
You may order products from our Site only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Site may be subject to additional terms and conditions presented to you during such purchase or download.
By ordering products from the Site, you agree to be bound by these Terms as well as all other terms contained within the Site, including but not limited to shipping policy, refunds & exchange policy, warranty policy, etc.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Fytt reserves the right to refuse any order you place through the site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Verification of information may be required prior to the acceptance of any order.
You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes. If, in our sole judgment, an order appears to be placed by dealers, resellers, distributors or any other unauthorized party, we may limit or prohibit that order from being fulfilled.
While we make every effort to display correct inventory stock levels, product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. Prices displayed on fyttbeauty.com are quoted in U.S. Dollars (USD) and are valid and effective only in the U.S.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SHIPPING AND PROCESSING
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
Orders placed Monday-Friday will begin processing the next business day, excluding holidays and weekends, and will ship within 24-48 hours pending availability and credit verification. Orders placed on Friday after 1PM PST will begin processing on the following Monday. Fytt customer support will contact you with a follow-up email if the merchandise you have selected is not currently in stock or if we need additional identification provided for credit verification.
If you still have not received your purchase after 1 weeks, please email contact us using the “Contact Us” form. All California deliveries will incur an x% sales tax. Please contact if you have any questions. Please be advised that once an order has been placed we are unable to make any modifications to the order including cancellations.
If you decide to refuse any shipments from fyttbeauty.com you are responsible for the original shipping charges to you that are incurred on the package (on both the original and return shipments), and the cost of returning the package to lakai.com. This amount will be subtracted from your merchandise refund.
TRACKING YOUR ORDER
You will receive an order confirmation once your order has been successfully transmitted. In addition, a shipping confirmation email will be sent once your order has been shipped. This confirmation will include the tracking number for your package.
WE DO NOT ACCEPT RETURNS ON PRODUCTS THAT WERE NOT PURCHASED VIA THIS WEBSITE.
We stand behind our products and want you to be 100% satisfied. You may return or exchange any unopened within 30 days of purchase by contacting us. We will provide you a return authorization number as well as shipping instructions for your return package. A return shipping fee will be deducted from the refund amount unless the return was a result of our error or the product was damaged or defective.
Only use Fytt products as instructed by the instructions appearing on the product. Never eat, nor drink the product contents; nor put the product or its contents into the eyes.
You agree to defend, indemnify and hold Fytt harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
CLASS ACTION WAIVER
Where permitted under the applicable law, you and Fytt agree that each may bring claims against the other only in your or its individual capacity and NOT as a plaintiff or class member in any purported class or representative action. Further, unless both you and Fytt agree, no judge nor any arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding as related to litigating terms of this Agreement, including litigating breach of this Agreement.
ATTORNEY FEES AND COSTS
The prevailing party in any litigation relating to terms of this Agreement and/or breach of this Agreement shall be entitled to recover its reasonable attorneys’ fees and litigation costs incurred.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fytt as a result of this agreement or use of the Site.
No Implied Waiver
Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Fytt with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fytt with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fytt reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Please direct any questions or comments about the site, these terms, or any products you purchased through the site to: Fytt’s Contact Us page.
Effective Date: May 1, 2017