US SXFI Purchase Terms
Conditions that you accept when you shop with us.
- 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.
- 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.
- 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.
- PRICES, SHIPPING AND HANDLING CHARGES AND TAXES
- All prices quoted are exclusive of tax charges and shipping fees. During the checkout process, relevant tax
charges and shipping fees will be added to the order subtotal to obtain the full order price “GRAND
TOTAL”.
- Notwithstanding the foregoing, for non-delivery of orders due to Customer's fault, including but not limited to
Customer not being present at an agreed-upon location, delivery date and time, Creative reserves the right to charge
Customer for (additional) administrative, shipping and handling fees (where applicable).
- Shipments are made to destinations within the contiguous United States, excluding Alaska, Hawaii and U.S.
Territories.
- Prices and availability of goods and services are subject to change without notice.
- In the unlikely event that the price stated for a product or direct sales materials is incorrect, the following
applies: (i) where the product's correct price is lower than the price stated on this online store, Seller will
charge the lower price and ship to Customer the product, subject to the applicable taxes and shipping and handling
charges; (ii) where the product's correct price is higher than the price stated on this online store, Seller will,
at its discretion, either contact Customer to obtain instructions before shipping the product or cancel the order
made for a full refund and notify Customer of such cancellation.
- Any orders made under the terms of this agreement are not binding until acceptance is sent by email from Seller
and is received by Customer.
- Seller endeavors to deliver orders for SXFI products to Customers within 10 weeks from the date of the order. In
the event of a change in delivery schedule, Customers will be notified either through this website or email.
- ORDERS; CANCELLATIONS, RESCHEDULING AND REFUND OF ORDERS
- Seller shall have the right to refuse any orders from Customer without cause or explanation, and Seller
shall not be held liable for the refusal of any order.
- Customers may cancel their orders for a full refund if payment has not been processed.
- Subject to Section 4.5 and any applicable laws and regulations, once payment has been processed,
Customer may not cancel or return such order. ALL SALES ARE FINAL.
- Any request for cancellation may be made by contacting team@sxfi.com.
Seller shall not be held liable for any reason if it does not receive the Customer's cancellation request, whether
online or via email.
- No rescheduling of orders by Customer will be allowed.
- 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://WWW.SXFI.COM/SUPPORT. 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.
- 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.
- NOT FOR RESALE
Customer agrees and represents that it is buying for its own personal use
only and not for resale or commercial use.
- USE OF PRODUCTS
Customer acknowledges that it is put on notice of any terms contained in the product package once the package is
opened, and agrees to be bound by those terms upon use of the product. In order to use certain products,
Customer may need to register for or sign in to a Creative and/or SXFI account. Customer agrees to be bound by the
terms of use applicable for such an account and/or such product.
- 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.
- 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.
- 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.
- HEADINGS
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.
- OWNERSHIP
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.
- 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.
- TERMINATION
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.
- PRODUCTS
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.
- 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.
- NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement
without the express written consent of Seller.
- 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.
- PERSONAL DATA PROTECTION: Your information may be processed locally or overseas by our worldwide
business units and/or business partners. Please refer to our Privacy Policy regarding the collection and use of your
personal information.