Mynxx


Terms & Conditions


Terms of Use

Welcome to Shop Mynxx (”Mynxx”, we”, “us”) website, shopmynxx.com (the “Site”).  We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”).  Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time.  You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions.  If you do not agree to these Conditions, you are not authorized to use the Website.  We reserve the right to revise the Terms of Use from time to time, without prior notice to you. 

Intellectual Property

This Website and the content and all intellectual property rights included in or associated with the Website, including but not limited to images, designs, text, patents, copyrights, trademarks, service marks and logos (collectively “Content”), are owned by Veró Vixen, LLC.  Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Website, including, but not limited to, utilizing, copying, disturbing, re-publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, or transmitting any such Content, unless expressly authorized in these Terms of Use.  Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content.

Links & Third Party  Content

The Website and/or Service may contain links to third-party websites not under our control or operation.  Your use of any such third party website and/or content shall be conditioned upon such third party website’s terms and conditions.

Site Transactions

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event 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 provied at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Veró Vixen, LLC shall issue you a refund.

 By using the Website you warrant that all information that you provide to us is true, accurate, complete   and current.  You must immediately notify us of any changes in your personal information.  You can do this by contacting our Order Department at orders@shopmynxx.com.

Description of Goods

While we try to ensure that the Website contains accurate information, we can’t guarantee nor (to the extent permitted by law) do we warrant in any way that the information on the Website, including but not limited to, descriptions and depictions or materials, colors and styles, is up to date, complete, accurate, reliable or error-free.

All designs, drawings, descriptive matter, specifications and advertising issued by us, including (without limitation) all images, designs, drawings, photos, graphics, images, descriptions or illustrations on this Website, are issued or published by us for the sole purpose of giving an approximate idea of the product described.

The color of images on this Website may be limited by the availability of images, colors or shades or by the technology which is used by you to access this Website.  Different PC monitors and browsers also provide different shades and colors.  Therefore, although we strive to achieve the best image quality and clarity on this Website, we can’t guarantee that any images, colors or shades will look the same on every PC monitor or browser that you use.

Payment

We will not be liable for delay or cancellation in the event that we are unable to obtain authorization for an payment that you make for any reason.

Property in the Goods

Property in the goods will only pass to you when we have received and processed full, authorized and non-fraudulent payment from you. Until then, we will retain the legal ownership of the goods.

Risk in the Goods

Risk in the goods will pass to you on delivery of the goods.

Risk of Loss

Items purchased from Shop Mynxx may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Delivery

When placing an order, you must specify a delivery address. We will use reasonable endeavors to deliver the goods to you within twenty (20) working days of receipt of an order by us, but we cannot guarantee to do so.

Any order received by us after 12:00pm (EST) on any business day shall be deemed to have been received by us at 9:00am on the next business day.

Where you have ordered more than one item, we reserve the right to deliver each item separately.

Receipt of Goods

Upon receipt, we require you to examine the goods and you will in any case be deemed to have done so.  We shall not be liable for any non-delivery of an goods unless you give us written notice of the non-delivery within five (5) business days of the date when the goods would or should, in the ordinary course of events, have been received by you.  Our liability for the non-delivery of any goods shall be limited to replacing the goods within a reasonable time or issuing a credit note or voucher against any invoice raised, or payment made, in respect of such goods.

This is a signed for service so a parcel will not be left without a signature. If for any reason your parcel is undeliverable it will be returned to our warehouse and you will be liable for the return cost and any additional postage. You will be given the option to add additional delivery addresses to avoid this happening.

User Generated Content

By posting, distributing, sending or displaying nay comment, message (including email), data, information, text, music, photos, or other content (the “User Generated Content”, “UGC”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Veró Vixen, LLC a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, distribute, publish, create derivative works from, and publicly display and perform, the User Generated content throughout the world; (B) grant Veró Vixen, LLC and its affiliates and sub-licensees the right to use the name that you submit in 
connection with such UGC; and (C) represent and warrant that (i) you own and control all of the rights to the UGC that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such UGC to or through the Site; (ii) such UGC is accurate and not misleading; and (iii) use and posting or other transmission of such UGC does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Veró Vixen, LLC the right to pursue at law any person or entity that violates your or Veró Vixen, LLC’s rights in the UGC by a breach of these Conditions.

User Generated Content submitted by users is deemed non-confidential and Veró Vixen, LLC is under no obligation to treat such UGC as proprietary information.  Witout limiting the foregoing, Veró Vixen, LLC reserves the right to use the UGC as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.  Veró Vixen, LLC is under no obligation to offer you any payment for UGC or to attribute authorship of UGC to you.  If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the UGC, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the UGC, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the UGC by Veró Vixen, LLC or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights or any author in any of the UGC; and (D) you release Veró Vixen, LLC from any claims that you could otherwise assert against Veró Vixen, LLC by virtue of any moral rights.

Termination

Veró Vixen, LLC shall have the right to terminate your use of the Website and/or the Services at any time for any reason, including but not limited to, your breach of these Terms of Use or your violation of any law, including, without limitation, violations of intellectual property rights or violations of other applicable laws and regulations.  Following any such termination, Veró Vixen, LLC shall have no further obligations, responsibilities, or liabilities to you.  Notwithstanding anything to the contrary contained herein, in the event that Veró Vixen, LLC terminates your use rights, Veró Vixen, LLC shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Indemnification

You agree to defend, indemnify and hold harmless Shop Mynxx and Veró Vixen, LLC, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges complaints, damages, losses, liabilities, costs and expenses (including attorney’s fees), arising from or relating in any way to your use of the site.

Limitation of Liability

Veró Vixen, LLC shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Website and the information, Content, Services and Merchandise provided via the Website. Veró Vix en, LLC shall not be liable to you for any direct, indirect, incidental, special, punitive, or consequential or any other damages in connection with your use of the Website, or purchase or use of Products, Services or Merchandise, including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty or other legal
theory, even if Veró Vixen, LLC has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Veró Vixen, LLC. Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, Veró Vixen, LLC’s total liability, regardless of the form or action shall not exceed $50.

Patents Pending.  All rights reserved.  Mynxx are manufactured exclusively for Veró Vixen, LLC © 2015