Conditions that you accept when you shop with us.
1. APPLICATION OF TERMS AND CONDITIONS OF SALE
The following terms and conditions shall govern the sale by the entity ("Seller") named on the invoice that will be provided to you ("Customer") for orders for products sold by Seller. By ordering products on Seller's online store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. Seller reserves the right to change these terms and conditions without prior notice at any time, at Seller's sole discretion.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by Seller.
3. PAYMENT TERMS
Customer’s card will be charged upon checkout. Payment by Shopify Payments, which includes Apple Pay, Google Pay, Mastercard, Visa and American Express card (subject to change from time to time) must be accepted by Seller prior to Seller's acceptance of Customer's order. Payment is subject to the approval of the financial institution issuing the credit card and Seller shall not be liable in any way if such financial institution refuses to approve the payment for any reason.
4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
6. LIMITED WARRANTY
THE LIMITED WARRANTIES APPLICABLE TO ANY PRODUCT OFFERED FOR SALE ON THIS SITE ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCT AND ARE MADE BY THE MANUFACTURER OF THE PRODUCT. FOR THE COMPLETE TERMS OF THE LIMITED HARDWARE WARRANTY, PLEASE REFER TO HTTPS://US.SXFI.COM/WARRANTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All software is provided subject to the license agreement that is part of the package or displayed during the installation process. Customer agrees to be bound by such license agreement once the package is opened or when the software is installed. Seller does not warrant any software provided with the products. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use and are made by the publisher of the software. Seller agrees, at its option, to either repair or replace any product that fails to comply with its written warranty during the relevant warranty period.
7. TITLE: RISK OF LOSS
Title to all products, including the media on which any software is reproduced (but not any copyright, trademark, patent or trade secret rights with respect to such software), shall pass to Customer upon Customer taking possession of the products. Seller shall be responsible for all risk of loss of or damage to the products during shipment.
8. NOT FOR RESALE
Customer agrees and represents that it is buying for its own personal use only and not for resale or commercial use.
9. USE OF PRODUCTS
10. PRODUCTS AVAILABILITY
Product availability may be limited. Products may not be available for immediate delivery. Seller reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, Seller may notify the Customer and offer an alternative product, and if such alternative product is not accepted by Customer, the order shall be deemed cancelled.
11. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, SELLER'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. SELLER SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, EPIDEMIC, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF SELLER, OR THE CESSATION OF BUSINESS OF SELLER.
12. GOVERNING LAW AND JURISDICTION
The sale of products shall be governed by the laws of the State of California, United States of America. Venue and jurisdiction for all disputes will lie in the State of California, United States of America, unless Seller at its sole discretion nominates a different venue.
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
Customer acknowledges that Seller and/or its suppliers or licensors is/are the owner of all and any copyright, trademark, trade secret, patent and other intellectual property rights in and to the products. Customer shall not decompile, disassemble or otherwise reverse engineer any product.
15. DATA TRANSMISSION
Customer acknowledges that data, including email, electronic communications and personal financial data, may be accessed by unauthorised third parties when communicated between Customer and Seller, using the Internet, other network communications facilities, telephone or any other electronic means. Customer agrees to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by Seller. Seller is not responsible for notifying Customer of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
Seller shall have the right to terminate any or all business transactions with Customer if Customer is in breach of any of the terms and conditions herein, and in addition, Seller shall have the right to cancel any outstanding orders made by Customer.
Seller's policy is one of on-going product update and revision. Seller may revise and discontinue products at any time. Actual products may differ slightly from those pictured.
18. SERVICE AND SUPPORT
Seller endeavors to provide the best customer and technical support. For end-user Customers, Seller's support personnel will attempt to address problems with Seller's products over the telephone and/or email. Seller may, at its sole discretion, revise its service and support programs and the terms and conditions that govern them.
19. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of Seller.
20. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held by a court of competent authority to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Please note that all prices stated are in U.S. dollars and be sure to read the terms and conditions carefully before making your purchase.
21. PERSONAL DATA PROTECTION