Terms of service

By making a Product purchase or booking Services with ALXS, LLC, dba ALXS SKN GYM a Massachusetts limited liability company with a primary place of business in Boston, MA (“ALXS”), You agree to these Terms and Conditions ("Terms”).  If You do not agree to these Terms, do not complete your purchase, booking, or payment.


PART A – SERVICES


SECTION 1: SERVICES & FEES


  • The Service(s) selected, shall be performed by ALXS in a professional manner consistent with industry standards.  ALXS represents that its staff has the qualifications and skills necessary to complete the services. 

Details and full descriptions about the services, including Fees can be found online HERE.


The following Services may only be booked if an In-person or Virtual Consultation Service has been booked or completed:

  • Laser Services
  • Chemical Peel Services
  • Facial Services
  • Hair Removal Services

SECTION 2: SERVICES - TERM AND TERMINATION


2.1 Term.  These Terms will become effective upon submission of payment (Deposit or Product Purchase) and will continue in effect until the Services selected are completed, or until terminated by either You or ALXS.


2.2 Termination by You.  You may terminate Services at any time, with written notice.  Notice must be sent to ALXS via email to alexis@skngym.com or by text to 617-284-0756.


2.3 Termination by ALXS.  ALXS may terminate Services if You fail to make payments when due; create an unhealthy or hostile environment; repeatedly reschedule, fail to attend, or arrive late for scheduled Services; or, in any other manner act or fail to act in such a way as to prevent ALXS from performing the Services.


2.4 Post Termination.  Upon expiration or termination of Services, regardless of the cause therefor, all undisputed payments due to ALXS shall be immediately due and payable.  Upon termination by You, ALXS shall be entitled to all amounts paid, or owing, for work performed and completed by ALXS, up to and including the date of notice of termination.  You shall be entitled to a refund only of amounts paid in excess of the services received.





SECTION 3: SERVICES – CANCELLATION AND RESCHEDULING


3.1 Notice.  You must provide notice of reschedule or cancellation at least forty-eight (48) hours before the beginning of the Service appointment.


3.2 Cancellation Fee.   You shall incur a cancellation fee of at least $299, or the full Service Fee, whichever is less (Cancellation Fee), if late or no notice is given. If You fail to arrive for a scheduled Service, You will be charged the Cancellation Fee.  You will not be able to book additional Services until any outstanding Cancellation Fees are paid in full.


SECTION 4: SERVICES - FEES, PAYMENT AND REFUNDS


4.1 Fees & Payment.  The Service Fees are set forth on AXLS’s website.  A minimum deposit of $299 is required at the time of booking Services and is processed via ALXS’s then-current booking software.  Where the total Service Fee is less than $299, the full Fee will be required as a Deposit.  The Deposit will be applied to the total Service Fee.


Balance for Services rendered is due at checkout on the date performed, and is processed via Square, or ALXS’s then current payment processing software. 


4.2 Refunds.  Deposits are refundable up to 48 hours prior to performance of Services.  Cancellations less than 48 hours before the appointment shall forfeit the deposit.


4.3 Chargebacks.  ALXS has a clear refund policy, therefore, ALXS does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. If a chargeback is placed on a purchase or ALXS receives a chargeback threat during or after Your purchase, ALXS reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. 


SECTION 5: SERVICE – HEALTH AND SAFETY


5.1 Health and Safety.  The health and safety of our Clients and employees is of utmost importance to ALXS.  As such, ALXS complies with all industry health and safety laws, directives, and rules and regulations. 


You agree to immediately notify ALXS if You show any signs or symptoms of any contagious or communicable disease.  ALXS, at its sole discretion, may refuse service to clients showing signs of any contagious skin infections, diseases, or lesions. 


In the event of circumstances deemed to present a threat or implied threat of injury, or unprofessional, harassing language or behavior to ALXS staff, ALXS will make reasonable efforts to notify the You and You are responsible to resolve, in a timely manner satisfactory to ALXS.


Under any of these circumstances, ALXS reserves the right to end Service immediately and/or leave the session. ALXS shall be entitled to retain all monies paid for the Service and You agree to release and hold ALXS, its agents and employees harmless for incomplete Service(s) and/or for a lapse in the quality of ALXS’s work.  You shall be responsible for payment in full, regardless of whether the situation is resolved or whether ALXS resumes the Service(s).


PART B - PRODUCTS


SECTION 6: PRODUCT PURCHASES


6.1 Products.  ALXS has available for sale various skincare products, accessories and tools, supplements, and haircare products (collectively “Products”).  All Products are shipped only within the United States and are delivered via USPS Priority mail, unless otherwise specified.  Products are generally shipped within 1-3 business days of receipt of the order, and shipping time is generally 1-3 business days.  ALXS is not responsible for delays shipments caused by the carrier, or circumstances beyond ALXS’s control.


6.2 Payment. Product purchases are processed via Shopify, or ALXS’s then-current payment processing software and are due in full at time of purchase.  You are responsible for applicable sales tax and shipping, which will be calculated at the time of check-out.


6.3 Product Exchanges & Refunds.  All product sales are final.  You may cancel an order before fulfilment for a full refund.  You will be responsible for all shipping fees for any Product Exchanges.  


6.4 Limitations.  ALXS reserves the right to limit, in its sole discretion, the quantities of any product that may be purchased on a per person or per order basis. 


PART C - MISCELLANEOUS


SECTION 7: OTHER PROVISIONS


7.1 Medical Disclaimer.  Services are not to be perceived as or relied upon in any way as medical advice. The information provided through our Services, is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information You have received from ALXS during our Services. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If You have or suspect that You have a medical condition or issue, contact your own health care provider promptly. ALXS is not providing health care, medical services or attempting to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment, disease, or condition. 


  • Warranty Disclaimers.   

7.2.1 Services:  ALXS warrants that it will use commercially reasonable efforts to provide the Services in a timely and professional manner. ALXS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTUCULAR PURPOSE WITH RESPECT TO THE PERFORMANCE OF SERVICES HEREUNDER.


7.2.2 Products Limited Product Warranty; Product Disclaimers and Liability Limitation 

ALXS warrants that any Product purchased through this Website will, on delivery, substantially conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that ALXS have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above. 

 

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, ALXS HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALXS WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS. 

 

7.3 Accuracy of Description & Prices.   ALXS makes reasonable efforts to provide accurate pricing information and descriptions, but is not responsible for typographical errors or mistakes regarding service availability. ALXS does not guarantee that information displayed on the website is 100% accurate, and reserves the right to correct errors. If the website displays an incorrect price or inaccurate description, ALXS may in its sole discretion, reject or cancel any orders placed for those Services.  In those circumstances, if Your credit card has already been charged, ALXS will issue a credit to your credit card within a commercially reasonable period of time. 


7.4 Limitation of Liability.  

7.4.1 Services.  Except as expressly provided in These Terms, ALXS makes no guarantees or warranties, express or implied.  In no event will ALXS be liable to You for consequential or special damages.  Notwithstanding any damages that You may incur, ALXS’s entire liability under These Terms, and Your exclusive remedy, will be limited to the amount paid by You to ALXS under these Terms for all services rendered up until the termination date, or the amount made for any Product purchase(s) in dispute.


7.4.2 Products.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALXS’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE ALXS’s SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.


7.5 New Jersey Residents.  For New Jersey residents only, the above warranty disclaimers and limitations of liability may not apply to you.  It is understood that Massachusetts law shall apply to these Terms & Conditions.  To the extent that the New Jersey Truth in Consumer Contact, Warranty and Notice Act applies (the Act), it is understood that the warranty disclaimer and limitation of liability is to be interpreted as broadly as possible under the Act.


7.6 Force Majeure. In the event that AXLS is unable to perform Services under these Terms as a result of an Act of God, pandemic, quarantine restrictions, natural disaster, act of war, the declaration of a State or Federal State of Emergency (in either Massachusetts or in the Event Location state), or the issuance of an Executive, Judicial, or Legislative Order or Advisory which directly affects our ability to operate or perform under These Terms (collectively, Force Majeure Causes), Your remedy is limited to postponing the Service Date, pursuant to the Postponement terms above.  Cancellation of Services, whether by ALXS or You, due to Force Majeure causes remain subject to the Cancellation and Refund terms, above.  


In the event that AXLS is unable to provide purchased Products under these Terms as a result of an Act of God, pandemic, quarantine restrictions, natural disaster, act of war, the declaration of a State or Federal State of Emergency, or the issuance of an Executive, Judicial, or Legislative Order or Advisory which directly affects our ability to operate or perform under These Terms (collectively, Force Majeure Causes), Your remedy is limited to a refund or an exchange of products, subject to the  Refund terms, above. 


7.7 Entire Agreement of the Parties.   These Terms supersedes any and all agreements, either oral or written, between the You and ALXS with respect to the rendering of Services or Product fulfillment by ALXS.  Any modification of These Terms will be effective only if it is in writing signed by the party to be charged.


7.8 Partial Invalidity.  If any provision in these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.


7.9 Governing Law and Venue.  These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.  Any claims under These Terms may only be brought before a court of competent jurisdiction in Suffolk County, Massachusetts. 


By submitting payment, You agree that you have read and agree to these Terms, including the cancellation refund policies.