Effective Date: 10/1/25
This Online Purchase Agreement, Product Disclaimer, and Liability Waiver (this “Agreement”) is a binding contract between Beauty Accessories Now, LLC, a Florida limited liability company (“Seller,” “we,” “us,” or “our”), and each individual or entity that accesses Seller’s website and/or purchases products from Seller (the “Buyer,” “you,” or “your”). You must read this Agreement carefully. By clicking “I Agree,” checking an acceptance box, or completing a purchase from our website, you affirmatively acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not complete your purchase.
This Agreement is intended to be presented and accepted electronically prior to purchase and applies to every product purchase made from Seller’s website, currently accessible at https://beautyaccessoriesnow.com (the “Site”).
This Agreement supplements the other terms, policies, and notices posted on the Site, including Seller’s Terms of Service, Privacy Policy, Shipping Policy, and Refund/Return Policy, as each may be updated from time to time (collectively, the “Site Policies”). In the event of any conflict between this Agreement and the Site Policies, this Agreement governs with respect to product purchases, disclaimers, waivers, limitations of liability, dispute resolution, and venue.
Buyer acknowledges and agrees that Seller is a reseller and distributor of products manufactured by third parties. None of the products offered for sale on the Site are designed, manufactured, tested, labeled, or packaged by Seller, unless expressly and conspicuously stated otherwise on the product page. The identity of the applicable manufacturer is available on the product packaging and/or labeling; or upon written request to brandon@beautyaccessoriesnow.com, Seller will use commercially reasonable efforts to assist Buyer in identifying and contacting the manufacturer.
To the maximum extent permitted by law, Buyer agrees that all product liability claims, including without limitation claims for design defect, manufacturing defect, failure to warn, mislabeling, nonconformance with specifications, or breach of manufacturer warranty, shall be asserted solely against the product’s manufacturer and not against Seller. Buyer agrees to release, discharge, and covenant not to sue Seller for any product liability claim, and further agrees to indemnify, defend, and hold Seller harmless from any such claim brought against Seller contrary to this allocation of responsibility. Nothing in this Agreement limits any non-waivable rights under applicable law.
Products sold on the Site are intended solely for cosmetic, beauty, grooming, and related personal-use purposes as described by the manufacturer and on the product labeling. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and nothing on the Site or in any product description constitutes medical, dermatological, or professional advice. Buyer agrees to consult a qualified healthcare provider regarding any questions about allergies, sensitivities, medical conditions, pregnancy, nursing, or compatibility with other products or treatments.
Buyer agrees to carefully read and follow all manufacturer instructions, warnings, and guidelines; perform a patch test where recommended; and discontinue use and seek medical advice if irritation or adverse reaction occurs. Products may contain ingredients that pose choking hazards, flammability risks, skin or eye irritation, or sensitivity to certain individuals. Keep all products out of reach of children and pets. Buyer assumes all risks associated with selection, handling, and use of the products.
Product images and descriptions on the Site are provided for general informational purposes and may differ from the actual product due to manufacturer updates, packaging changes, color or finish variances due to device display settings, or minor specification changes. Seller does not guarantee that colors, dimensions, or finishes displayed on your device will be accurate. Where a manufacturer provides a written warranty, Seller passes such warranty through to Buyer to the extent permitted and provides no separate warranty of its own. Buyer agrees that any remedy arising from a manufacturer warranty shall be sought directly from the manufacturer.
All prices are subject to change without notice prior to acceptance of your order. Seller may accept, reject, or limit any order for any reason. Quantities may be limited. Availability is not guaranteed. If a product becomes unavailable after you place an order, Seller may cancel the order and issue a refund. In the event of typographical, clerical, or system errors affecting pricing or availability, Seller reserves the right to cancel the order and refund amounts paid.
Unless otherwise required by applicable law or expressly stated in the order confirmation, title and risk of loss transfer to Buyer upon Seller’s delivery of the products to the carrier for shipment to Buyer. Seller is not responsible for products after the carrier confirms delivery to the address provided by Buyer, including theft or loss after delivery. Insurance, signature confirmation, or other shipping protections may be available at additional cost if arranged prior to shipment.
By placing an order, Buyer represents that Buyer is at least the age of majority in Buyer’s jurisdiction, is purchasing for lawful, intended personal use (or authorized business use) in conformity with manufacturer instructions, and will comply with all applicable laws, regulations, and industry guidelines. Products are not authorized for resale without Seller’s prior written consent. Buyer is solely responsible for compliance with any local requirements related to the products’ import, labeling, use, or disposal.
To the maximum extent permitted by applicable law, Seller disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the products and the Site, including without limitation any and all implied warranties of merchantability and fitness for a particular purpose. Seller further disclaims any warranty arising from course of dealing, course of performance, usage of trade, or sample/model, and any warranty that the products will meet Buyer’s requirements or achieve any intended results. Where applicable law does not permit disclaimer of certain warranties, the scope and duration of any non-waivable warranties are limited to the shortest duration permitted by law.
Buyer acknowledges that Seller is not the manufacturer and has not designed, tested, formulated, or labeled the products, and that Seller’s role as reseller is a material basis of this disclaimer and risk allocation.
To the maximum extent permitted by law, in no event shall Seller or its owners, members, managers, officers, employees, agents, affiliates, contractors, suppliers, or licensors be liable to Buyer for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including without limitation lost profits, lost revenues, lost savings, loss of data, loss of goodwill, or substitution costs, arising out of or relating to the products, the Site, or this Agreement, regardless of the theory of liability and even if advised of the possibility of such damages.
Without limiting the foregoing, and to the fullest extent permitted by law, the total aggregate liability of Seller for any and all claims arising out of or related to any product, order, shipment, or transaction with Buyer shall not exceed the total price actually paid by Buyer to Seller for the specific product(s) giving rise to the claim. Buyer agrees that the foregoing limitations are essential elements of the bargain and shall apply even if any limited remedy fails of its essential purpose.
Buyer agrees that product liability claims (including design defect, manufacturing defect, failure to warn, or similar theories) shall be asserted solely against the manufacturer, and Buyer releases Seller from any such claims to the maximum extent permitted by law. If Buyer, any subrogated insurer, or any third party nevertheless asserts a product liability claim against Seller, Buyer shall indemnify, defend, and hold Seller harmless from and against all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of such claim, except to the limited extent such indemnity is prohibited by law.
Buyer understands that beauty and grooming products may pose inherent risks if misused, combined with other products, or used contrary to instructions or warnings, and that individual sensitivities vary. Buyer voluntarily assumes all risks associated with selection and use of the products and releases Seller from claims arising from such risks, including allergic reactions, sensitivities, irritation, or adverse outcomes, to the fullest extent permitted by law.
PRE-SUIT DISPUTE RESOLUTION; MEDIATION; NON-BINDING ARBITRATION
Prior to initiating any mediation, arbitration, or litigation, the claiming party shall provide a detailed written Notice of Claim to the other party describing the nature of the dispute, the facts supporting the claim, and the relief requested. Notice to Seller must be sent to brandon@beautyaccessoriesnow.com and by certified mail to Neil Bryan Tygar, P.A. 5341 W. Atlantic Ave Suite 303, Delray Beach, Fl 33484.
No earlier than ninety (90) days after the receiving party’s receipt of the Notice of Claim, the parties shall participate in a good-faith, in-person mediation in Palm Beach County, Florida, before a mutually agreed mediator. Each party shall attend with a representative having full settlement authority. Each party shall bear its own attorneys’ fees and costs and shall share mediator fees equally unless otherwise agreed. The person initiating the mediation procedure shall be responsible for providing a list of no less than five retired Florida judges and their rates to serve as mediator.
If mediation results in an impasse, then no earlier than ninety (90) days after the mediator declares an impasse in writing, the dispute shall proceed to an in-person, non-binding arbitration held in Palm Beach County under the commercial rules of the American Arbitration Association, before a neutral arbitrator mutually selected by the parties (or, failing agreement, each party shall select one arbitrator, and the two arbitrators shall select a third arbitrator). The arbitrator shall permit reasonable discovery, conduct a hearing, and issue a written, non-binding decision with brief findings. Each party shall bear its own attorneys’ fees and costs and share arbitrator/administrative fees equally. The arbitrator’s decision shall not be admissible in any subsequent litigation to the extent permitted by law.
Litigation Following Non-Binding Arbitration. If the dispute is not resolved by non-binding arbitration, then no earlier than ninety (90) days after the arbitrator issues the written decision, either party may commence litigation in a court of competent jurisdiction consistent with this agreement. The foregoing sequence (Notice → Mediation → Non-Binding Arbitration → Litigation) is a mandatory condition precedent to filing any lawsuit or claim, including any claim relating to an allegedly defective product or product liability. A party’s failure to comply with this sequence shall be grounds for stay or dismissal without prejudice, and an immediate interim award of fees.
All procedures hearing are in person in Palm Beach County, Florida, for the mediation and the non-binding arbitration described above.
This Agreement, and any dispute, claim, or controversy arising out of or relating to the products, the Site, or any transaction between Buyer and Seller, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Subject to completion of the pre-suit requirements, the exclusive jurisdiction and venue for any litigation between Buyer and Seller shall be the state courts located in Palm Beach County, Florida, or, where federal jurisdiction exists, the United States District Court for the Southern District of Florida, located in Palm Beach County, Florida. Buyer irrevocably submits to such exclusive jurisdiction and venue and waives any objection based on forum non conveniens or improper venue.
To the fullest extent permitted by law, Buyer and Seller knowingly and voluntarily waive any right to a trial by jury in any litigation between them. Buyer and Seller further agree to bring claims only in their individual capacities, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general action, to the maximum extent permitted by law.
To the fullest extent permitted by law, any claim or cause of action by Buyer against Seller arising out of or relating to any product, the Site, or this Agreement must be filed within six months after the claim accrues, or such claim is permanently barred.
Returns and refunds are governed by Seller’s then-current Refund/Return Policy posted on the Site, which is incorporated by reference. Seller may require a return merchandise authorization (RMA) and proof of purchase for any return. Seller reserves the right to inspect products prior to issuing any refund or credit and may deny returns that are used, damaged, missing components, not in resalable condition, or outside the return window, except where prohibited by law. Where a refund is authorized, it shall not exceed the purchase price actually paid for the returned product, excluding shipping, handling, and taxes, except as required by law. Replacement or refund, at Seller’s election, is Buyer’s exclusive remedy for products accepted for return.
Buyer agrees to promptly read and comply with any recall or safety notice issued by a manufacturer and acknowledges that the manufacturer, not Seller, controls recall and warranty remedies. Upon request, Seller will use commercially reasonable efforts to help Buyer engage with the manufacturer’s recall or warranty process. Seller may, in its discretion, issue a refund in lieu of replacement or repair.
Buyer authorizes Seller (and its payment processors) to charge the payment method provided for all amounts due, including taxes and shipping. Buyer agrees not to initiate a chargeback without first providing Notice of Claim under this agreement and allowing Seller a reasonable opportunity to resolve the issue. If Buyer initiates a chargeback in violation of this Agreement, Buyer agrees to reimburse Seller for chargeback fees, reasonable investigation costs, and collection costs to the extent permitted by law.
Prices do not include applicable sales, use, VAT, or other taxes unless expressly stated; Buyer is responsible for all such taxes. Products may be subject to export controls, import restrictions, or regulatory approvals; Buyer is solely responsible for compliance with all such requirements in Buyer’s jurisdiction and for any associated costs, permits, or duties.
All content on the Site (other than manufacturer-provided branding and materials) is owned or licensed by Seller and may not be used without permission. By submitting a review or feedback, Buyer grants Seller a nonexclusive, worldwide, royalty-free license to use, reproduce, publish, and display such content in connection with the products and the Site, provided that Seller need not attribute Buyer unless required by law.
Buyer consents to receive transactional and account-related communications electronically. Buyer agrees that acceptance of this Agreement and any other contract or notice may be recorded electronically and constitutes a “writing” and “signature” under applicable electronic transaction laws. Personal information is handled according to our Privacy Policy posted on the Site.
Seller is not liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, labor disputes, supply chain interruptions, transportation failures, manufacturer shortages, or governmental actions. In such events, Seller may allocate inventory among customers and cancel orders without liability beyond refunding amounts paid for unshipped items.
If any provision of this Agreement is held invalid or unenforceable, it shall be enforced to the fullest extent permitted, and the remaining provisions shall remain in full force. No waiver by Seller of any breach constitutes a waiver of any other breach. Seller may assign this Agreement; Buyer may not assign without Seller’s prior written consent. Provisions that by their nature should survive, shall survive termination or completion of any transaction. Seller may modify this Agreement at any time by posting an updated version on the Site; the version in effect at the time of your purchase will govern that purchase. This Agreement (together with the Site Policies incorporated by reference) constitutes the entire agreement between Buyer and Seller regarding the subject matter herein.
Without limiting any other provision, Buyer agrees to use products only as directed; avoid contact with eyes or mucous membranes unless expressly intended; store products in accordance with manufacturer instructions; review ingredient lists for potential allergens; avoid combining products that may create adverse reactions; and keep tools with sharp edges, adhesives, or heated components away from children and vulnerable individuals. Buyer understands that improper storage (e.g., excessive heat/cold, humidity) may degrade product performance and that Seller is not responsible for damage caused by improper storage or use.
Questions regarding this Agreement or any purchase should be directed to:
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Email: brandon@beautyaccessoriesnow.com
By clicking “I Agree,” checking the acceptance box, or completing your purchase, you acknowledge that you have read, understand, and agree to all terms of this Agreement, including the mandatory pre-suit mediation and non-binding arbitration provisions, the warranty disclaimers, the limitation of liability and damages cap, the allocation of product liability to the manufacturer, and the Florida governing law and exclusive venue in Palm Beach County, Florida.