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TERMS & CONDITIONS

To shop with us, you need to:

• have a credit or debit card that we accept (see bottom of page for details of current payment providers)

• be authorized to use that credit or debit card (e.g. it is in your name or you have permission to use it).

Just FYI, our glitter products are not suitable for children under 12 yrs old

PRODUCTS

We have made every effort to display as accurately as possible the colors and images of our products that appear on the online store. We cannot guarantee that your smart phone or computer monitor's display of any color will be accurate.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

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.

PRICING 

All orders are subject to availability and confirmation of the order price. If we discover a pricing error for any goods you’ve ordered, we will contact you and give you the option of reconfirming your order (at the correct price) or cancelling it.

If we can’t get in touch with you, we will treat the order as cancelled. If you cancel and you’ve already paid, we will refund you in full.

All prices are quoted in USD 

Any discount codes issued are strictly subject to the individual terms and conditions with which they were issued. 

Pricing of goods does not include shipping costs. Shipping fees are the responsibility of the purchaser.

SHIPPING

 

 We try to meet all delivery times but sometimes there may be delays – e.g. because of postal/carrier delays, logistics or bad weather. If delays are caused by carrier or any other third party, Butterfly FX LLC will not be liable for any such delay. If there is a delay of over 30 days, you will be entitled to receive a refund for any products you have paid for but not received.

Our full  SHIPPING POLICY

RETURNS & REFUNDS

To request a return or refund for damage or faulty goods please visit: www.butterflyfxglitter.com/contact

You have 30 days to return an item from when it’s delivered for a full refund (we strongly recommend that you get proof of postage). No refund will be issued for any returns received after this 30 day period.

The Customer must follow the returns policy, by contacting Butterfly FX LLC  to notify their intention to return any goods.

Products returned by you because of damage will be replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

 

Our full RETURN POLICY

 

Affiliate Program 

General Information

This chapter of the Terms applies to you if you participate in the Butterfly FX Affiliate Program (“Affiliate Program”). 

The Affiliate Program is a commission-based program according to which registered affiliates are entitled to receive compensation from Butterfly FX for referral of Referred Customers and Referred Partners. A “Referred Customer” is any Customer that: (a) was not previously a Customer, (b) Made a successful purchase from the Butterfly FX online store as a result of the Affiliate’s marketing and promotional activities. A Referred Customer that cancels their purchase during the Refund Period ceases to be a “Referred Customer”. 

By notifying us that you wish to join the Affiliate Program via email, contacting our support, or otherwise, you indicate your consent to these Affiliate Program terms. In addition, you hereby confirm that you are becoming an Affiliate for the purposes of carrying on business activity and not for any other purpose. Following your request to join the Affiliate Program, we will review your application and if it is approved, you will receive a confirmation e-mail from us. Once you are added to the Affiliate Program, you will be entitled to receive a personalized affiliate code free of charge (i.e., without the need to purchase a Subscription), for as long as you are part of the Affiliate Program.  We may reject your participation in the Partner Program for any reason, at our sole discretion. 

Butterfly FX may update the terms of the Affiliate Program (including rate of Commissions, as such term is defined below) at any time, at its sole discretion, by posting an updated version of these Terms on the Website and these updates to the Affiliate Program (and the Terms) are effective as of the date of posting. We may also choose to replace the terms of the Affiliate Program in their entirety or to terminate the Affiliate Program in its entirety. If we materially update or replace the terms of the Affiliate Program, we will provide Affiliates with notice thereof via your User Account or by email. An Affiliates continued participation in the Affiliate Program after the updated Affiliate Program (and Terms) is posted on the Website constitutes Affiliate’s agreement to, and acceptance of, the amended AffiliateProgram. If you do not agree to an update or replacement, you can terminate your participation in the Affiliate Program by canceling  your membership through your portal.

Payments to Affiliates

Subject to an Affiliate’s compliance with the terms of this Affiliate Program and the Terms, such Affiliate will be entitled to receive for each of its Referred Customers (“Referred Customer Commission”): (a) a commission equal to 20% of the net revenues generated and actually received by Butterfly FX.

We use Stripe to make payouts to Affiliates. To receive payouts from us, you will be directed to the Stripe Connect platform, where you will be required to provide accurate and complete information about you and your business (which may include identification information, contact information and payment information). You authorize us to share such information and transaction information related to your payout with Stripe. By becoming an Affiliate and registering your account, you agree to the Stripe Recipient Agreement. An Affiliate must ensure that the payment information provided by it is accurate and up to date.

We will calculate Commissions once per calendar month following receipt of payment from the Referred Customer(s) during the applicable periods of the Return Policy. Butterfly FX pays owed Commissions to Affiliates once per calendar month (“Payment Period”) subject to receipt of an invoice from the Affiliate (if applicable). Actual payment is made to Affiliates by the 10th day of the calendar month following the calendar month in which such Commissions were earned by the Affiliate. Notwithstanding anything to the contrary herein, Butterfly FX is not responsible for paying any Commissions that are generated as a result of any acts which are in breach of the terms of the Affiliate Program or these Terms.

Affiliate is responsible for all applicable Taxes that arise from the Commissions, its activities in connection with the Affiliate Program, or its interaction with its Referred Customer(s).

Relationship and Liability

 You represent and warrant that you shall be responsible for the performance of all of your obligations under these Terms (including by any third party on your behalf). 

You agree to defend, indemnify, and hold harmless Butterfly FX from and against any and all losses, damages, expenses, rights, claims, actions of any kind, including reasonable attorneys’ fees (collectively, “Claim”), arising out of or relating to (a) any Claim made by third parties as a result of any Referred Customers acts or omissions, including violation of these Terms, applicable law, rule or regulations or of any rights of another; and (b) any Claims brought against Us by any Referred Customer. Butterfly FX will provide notice of any such Claim. Butterfly FX reserves the right to assume the exclusive defense and control of any Claim, and You agree to cooperate with any reasonable requests assisting Butterfly FX's defense thereof. Affiliate will not settle or compromise any Claim without Our prior written consent. For the purposes of this Section the term “Referred Customers” does not include Referred Customers that engaged with Butterfly FX directly and consented to these Terms.

You will: (a) bear all costs and expenses related to your activities as an Affiliate, including marketing or promotion of the Products, (b) perform your obligations under these Terms in accordance with applicable industry standards and in compliance with all applicable laws, rules and regulations, including obtaining any licenses required to perform in accordance herewith, and (c) promptly inform us in writing of any information known to it that could reasonably lead to a claim, demand or liability of or against us.

Termination; Updates

You or we may terminate your participation in the Affiliate Program at any time, for any reason, effective immediately upon notice. If you breach the terms of the Affiliate Program or these Terms, as determined by us in our sole discretion, then we may: (a) terminate your participation in the Affiliate Program; (b) suspend you User Account; and/or (c) terminate you access and use of any Service. Upon termination of your participation in the Affiliate Program: (i) you will immediately cease using your applicable Affiliate link; and (ii) all rights granted to Affiliate under the Affiliate Program will immediately cease, provided however that if the termination is not by Butterfly FX as a Termination for Cause (as such term is defined below) (unless otherwise determined by Butterfly FX in its sole discretion) Affiliatecshall be entitled to continue and receive Commissions for earned by it until the date of termination.

Your Content and Data

You are solely responsible for your Customer Website(s) and/or your Website Properties (as applicable) and all content and information, including code, images, data, text, software, sound, photographs, graphics, messages, and other materials that you make available to Butterfly FX whether as part of your Customer Website(s) and/or your Website Properties (as applicable), or otherwise (collectively “Your Content”). You represent and warrant that (a) you own all intellectual property rights in and to Your Content, including all intellectual property rights and rights of publicity contained therein or thereto, and (b) Your Content does not violate the provisions of any applicable law. You hereby grant Butterfly FX with a worldwide, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, upload, perform, store, modify and display Your Content only in connection with the provision of the Services. You assume all risk associated with Your Content and its transmission and have sole responsibility for the accuracy, quality, legality, and appropriateness of Your Content. 

Any questions, comments, suggestions, ideas, feedback, reviews, questions, ideas, or other information about the Services (collectively, “Feedback”), provided by you to Butterfly FX are non-confidential, shall be the sole property of Butterfly FX, and  Butterfly FX will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. 

You understand that when you access or use the Services or any part thereof, we may access, collect, and share certain Personal Information (as defined in the Privacy Notice) from, and/or about you as described in the Privacy Notice (“Your Data”). To better understand our practices with respect to Your Data please review the Privacy Notice, which is incorporated herein by reference. 

PROHIBITED USES

In 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.

INDEMNIFICATION

 

In no case shall Butterfly FX LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or vendors 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.

CONTACT US
Questions about the Terms of Service should be sent to us at Butterflyfxllc@gmail.com
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