Terms & Conditions of Sale

Unless otherwise agreed to in a document signed by an authorized representative of Functional Distro Company (“Functional,” “we,” “our” or “us”), the following terms and conditions of sale (“Terms”) apply to all sales made to you (“you” “your” or “Customer”) of goods or beverages (“Products”), including sales made through FuctionalDistro.com (the “Website”). These Terms constitute an agreement between you and Functional and shall govern any order you make for the purchase of Product in exchange for payment (“Order”).

BY SUBMITTING AN ORDER FOR ANY PRODUCT THROUGH THE WEBISTE, CUSTOMER ACCEPTS AND UNDERSTANDS THESE TERMS.

1. Eligibility. By entering into an Order, you represent and warrant that you:

  • are at least 21 years of age;
  • will only provide accurate information to Functional;
  • have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; or any law or regulation; and
  • will not violate any rights of Functional or a third party.

2. Separate Privacy Policy. Our Privacy Policy, functionalmarketplace.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.

3. Limited Warranty. Functional warrants Beverages are fit for human consumption. The foregoing warranty does not apply if Products are misused or used in a way not intended. THIS LIMITED WARRANTY IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES. FUNCTIONAL DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WE PROVIDE NO WARRANTY WHATSOEVER ON ANY CONTAINERS OR PACKAGING OF PRODUCTS.

4. Remedy; Limitation of Liability. Functional will replace any Products that do not conform to the foregoing warranty, or, at its option, refund the purchase price for any defective Products. Replacement or refund for defective Products will be your exclusive remedy. You agree that to the maximum extent permitted by law, Functional will not have any further liability to you under any theory of liability. Without limiting the forgoing, you agree that, to the maximum extent permitted by law, Functional specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data arising out of or in connection with these Terms or any accepted purchase Orders, non-delivery of Products, provision of any Products, or any third-party claim.

5. Product Price. Functional reserves the right to modify or change the price of any Products at any time. The current price listed for any given Product reflects the price you will pay for that Product, not including additional fees, upon checkout. You understand and acknowledge that the price of a Product indicated on the Website does not include the cost of shipping or taxes. In some circumstances, Functional may, but is under no obligation to, offer or honor discounts, coupons, or rewards that you may redeem for a reduction in Price to be reflected at Checkout.

6. Payment for Online Orders. All Orders you make through the Website must be paid using a credit card or debit card, or other method available on the Website’s checkout page. Unless otherwise agreed, full payment, including applicable fees, is due at checkout. Functional is under no obligation to fulfill Customer’s Order until it has received full payment. Functional reserves the right to defer shipment of Orders if it suspects delayed, fraudulent or illegal payment.

7. Inventory. Functional uses reasonable efforts, but is under no obligation, to ensure the Website accurately lists available inventory of Products. If you place an Order for Products that are not in Functional’s inventory and/or not available for shipment, Functional will endeavor to so notify you within five (5) business days. Customer will have the option to be refunded in full or be added to a waitlist for the Product once it is made available. Should the Product take more than two (2) months to become available for shipment, Customer will be automatically refunded.

8. Order Confirmation. Upon completion of Payment, Functional will send Customer an order confirmation via electronic mail. If you fail to provide to us a working, and accurate e-mail address, or should your email settings block or otherwise filter out our emails, you may not receive an Order’s confirmation.

9. Cancellation. You may cancel your order for a full refund within 24 hours of placing the Order by emailing Functional at hello@functionalmarketplace.com. After 24 hours, any cancellation may be made before the ordered Products are shipped. You may not cancel your order after it has been shipped. These Terms, the Terms and Conditions of Use, and the Privacy Policy still apply, in full, after you cancel your order.

10. Shipment (option 1). Any Order will only be shipped to locations within jurisdictions that allow for the legal delivery of consumable products containing hemp extracts. If, at any point, an Order requires Functional to make a shipment to a jurisdiction or address that is not legally able to accept the Products, the Transaction will be automatically cancelled, and Payment will be refunded. Unless otherwise agreed to, or otherwise indicated at checkout, Customer is responsible for the cost of shipping. All shipments are to be arranged by Functional.

11. Risk of Loss (option 1). Risk of loss of Products passes to Customer at the point of shipment. Any claim for damage during shipment must be submitted to the shipment carrier.

11. Risk of Loss (option 2). Risk of loss of Products passes to Customer at point of delivery. Customer must make a claim for damage within 48 hours of receipt by contacting Us at hello@functionalmarketplace.com, attaching a picture of the damage. We will investigate your claim and issue a refund upon confirmation of the damage. You agree to cooperate with us if we pursue a claim against the carrier for the damage.

12. Returns. We do not accept returns of any consumable Products. All Products returned to us, without explicit permission to do so, will be discarded upon receipt, and will not give rise to a refund.
At our discretion, or in the event of a recall, we may ask you to return Products, at our expense, or discard Products using our instructions. In such instances, we will work with you to ensure you receive the appropriate refund or replacement. If a return is necessary, we will send to you a return label and instructions on how and where to send your return package.

13. Refunds. If you receive an incorrect Product or the incorrect amount, you should contact us at hello@functionalmarketplace.com to request a refund, for up to 48 hours after Products have been delivered to shipment destination. After receiving your request, we will communicate with you to evaluate and resolve the issue. Refunds will be limited to the Products within a single Order that are incorrect or otherwise defective.
Once approved for a refund, your original payment method will be refunded within ten (10) business days. Please allow time for your bank or credit card company to process and post the refund. If more than 15 business days have passed since we approved your return or refund, and you have not received a shipping label and/or refund of payment, please contact us at hello@functionalmarketplace.com.

14. Modification of These Terms. Functional, in its sole discretion, reserves the right to change or modify any of these Terms, to be effective immediately upon posting of the revisions on the Website. Although Functional will make reasonable efforts to notify you of any change to these Terms, you waive any right to receive specific notice of such changes or modifications. Should Customer place an order after any change to these Terms, you are acknowledging and accepting all changes or modifications.

15. Severability. If a court of law finds any provision of the Terms invalid or unenforceable, the provision will be replaced by a valid, enforceable clause that most closely resembles the intent of the initial provision. The unenforceable or invalid provision has no effect on the remaining terms and conditions, which remain in effect as contained herein.

16. Governing Law; Venue. These Terms and relationship between you and us will be governed by Ohio law as if the relationship arose in and was to be performed entirely within Ohio. The exclusive venue and jurisdiction for the resolution of all disputes between the parties will be the state or federal courts located in Cuyahoga County, Ohio. Any action for a breach of contract or other claim arising out of the parties’ business relationship must be commenced within one year after the cause of action has accrued.

Offerings

The details

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Hemp-Infused Miamosa Cooler
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Fast Acting & Great Tasting
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Organic Cane Sugar & Fruit Puree
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Only 20 Calories Per Can
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