Terms of service
OVERVIEW
Welcome to The Claxxics! The terms "we", "us" and "our" refer to The Claxxics. The Claxxics operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Claxxics is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. The Claxxics reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Claxxics confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as The Claxxics may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change at any time without notice. The price charged for a product will be the price displayed at the time the order is placed and will be shown in your order confirmation.
Unless otherwise stated, prices do not include applicable taxes, shipping costs, customs duties, import fees, or other charges that may apply to your order. Any such additional charges are the responsibility of the customer.
We may offer discounts or promotional offers from time to time. Promotions may be subject to additional terms and conditions. If the terms of a promotion conflict with these Terms, the terms of the promotion will apply.
You agree to provide accurate and complete information necessary to process your order and payment. You are responsible for ensuring that your payment and contact information is correct and up to date.
By placing an order, you confirm that you are authorized to use the payment method provided and agree to pay all applicable charges associated with your order, including the product price, shipping costs, taxes, and any other applicable fees.
SECTION 5 - SHIPPING AND DELIVERY
We aim to process and ship orders within the estimated processing and delivery times provided at checkout. However, all delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, weather, holidays, incorrect or incomplete shipping information provided by the customer, or other circumstances beyond our reasonable control.
Once an order has been shipped and transferred to the shipping carrier, we are not responsible for delays, loss, or damage caused by the carrier. If your order is delayed, lost, or damaged during transit, please contact us so we can assist you in contacting the shipping carrier or investigating the issue.
Customers are responsible for providing an accurate and complete shipping address. Additional costs resulting from an incorrect or incomplete address may be the responsibility of the customer.
SECTION 6 - INTELLECTUAL PROPERTY
All content and materials available through our Services, including but not limited to The Claxxics name, trademarks, logos, designs, graphics, photographs, product images, text, videos, audio, product descriptions, and the selection and arrangement of such materials, are owned by or licensed to The Claxxics and are protected by applicable intellectual property laws.
You may access and use our Services for personal, non-commercial purposes. You may not, without our prior written permission, copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or otherwise use our content or materials for commercial purposes.
Nothing in these Terms grants you any ownership or license to The Claxxics' trademarks, copyrights, designs, or other intellectual property except for the limited right to use our Services as permitted by these Terms. All rights not expressly granted are reserved by The Claxxics.
The Claxxics name, logos, designs, product names, graphics, and slogans are trademarks or intellectual property of The Claxxics, where applicable. You may not use, reproduce, or imitate these materials in a way that suggests affiliation with, sponsorship by, or endorsement from The Claxxics without our prior written permission.
All third-party names, logos, trademarks, and other intellectual property appearing on our Services belong to their respective owners.
SECTION 7 - THIRD-PARTY SERVICES
We may use third-party services and providers to operate, maintain, process payments for, fulfill, ship, and otherwise support our Services.
These third-party services may have their own terms, conditions, privacy policies, and practices. Where applicable, your use of such services may be subject to those third-party terms.
We are not responsible for the availability, functionality, policies, or practices of third-party services that we do not control. We will make reasonable efforts to work with our service providers to resolve issues that affect your order or use of our Services.
We may introduce or use additional third-party services or features in the future. Such services may be subject to additional terms or conditions where applicable.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites, platforms, or other services operated by third parties. These links may be provided for your convenience and do not necessarily imply that we endorse or are affiliated with those third parties.
We do not control third-party websites or services and are not responsible for their content, availability, accuracy, security, privacy practices, or policies. If you choose to access a third-party website or service, you do so at your own risk.
Your use of third-party websites or services is subject to the terms, conditions, and policies of the relevant third party. Any purchases, transactions, claims, or issues involving a third party should be addressed with that third party directly.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Claxxics is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Claxxics. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Claxxics, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Claxxics.
SECTION 10 - PRIVACY POLICY
Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is described in our Privacy Policy, which forms part of these Terms of Service.
You can view our Privacy Policy here.
Because our store is hosted and operated using Shopify, Shopify may collect and process certain information about your access to and use of our Services. Shopify's handling of personal information is also subject to Shopify's Privacy Policy, which can be viewed here.
We may also use third-party service providers to process information as necessary to operate our store, process payments, fulfill and ship orders, provide customer support, prevent fraud, and otherwise provide our Services. Some of these providers may process information in countries outside your country of residence.
Please review our Privacy Policy for more information about what personal information we collect, how we use and share it, the third-party providers we use, international data transfers, and the rights and choices available to you.
SECTION 11 - FEEDBACK
If you submit a review, photograph, video, or other content relating to your purchase or experience with The Claxxics ("Customer Content"), you grant The Claxxics a non-exclusive, worldwide, royalty-free license to display, reproduce, and share that Customer Content for purposes related to operating, promoting, and improving our Services.
This may include displaying Customer Content on our website, product pages, social media accounts, or other official The Claxxics channels.
You represent that you have the necessary rights and permissions to submit the Customer Content and that its submission and use by The Claxxics will not knowingly violate the rights of any other person or entity.
We will not intentionally use Customer Content for purposes unrelated to The Claxxics without your permission. We may remove Customer Content at our discretion if we believe it violates these Terms, is inappropriate, or is otherwise unsuitable for our Services.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to ensure that the information provided through our Services is accurate and up to date. However, there may occasionally be typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, product availability, shipping charges, estimated delivery times, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time without prior notice.
If an error affects an order you have placed, we may contact you to correct the information, cancel the affected order, or provide you with the option to confirm the order at the corrected price or terms. If we cancel an order after payment has been made, we will issue an appropriate refund for the cancelled portion of the order.
SECTION 13 - PROHIBITED USES
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
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For any unlawful, fraudulent, malicious, or abusive purpose.
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To violate any applicable laws or regulations.
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To infringe or violate the intellectual property, privacy, or other rights of The Claxxics or any other person or entity.
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To harass, threaten, abuse, defame, intimidate, or harm others.
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To submit false, misleading, or fraudulent information.
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To impersonate another person or entity or falsely claim an affiliation with another person or entity.
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To transmit viruses, malware, malicious code, or other harmful material.
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To send spam, phishing attempts, unsolicited advertising, or other unauthorized communications through or in connection with our Services.
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To interfere with, disrupt, damage, or attempt to gain unauthorized access to our Services, systems, or security features.
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To reproduce, copy, modify, distribute, sell, resell, or commercially exploit our Services or their content without our permission, except where permitted by these Terms or applicable law.
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To collect, use, or attempt to obtain personal information belonging to other users without their authorization.
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To use automated systems, bots, scrapers, or other data-extraction tools to access or collect information from our Services without our prior written permission.
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To bypass, disable, or interfere with security measures, access controls, or technical restrictions used to protect our Services.
We reserve the right to suspend or terminate access to our Services, or cancel orders, where we reasonably believe that a person has violated these Terms, engaged in fraudulent or harmful activity, or otherwise misused our Services.
SECTION 14 - AUTOMATED ACCESS
You may not use bots, automated systems, scripts, crawlers, scrapers, or other automated methods to access, collect information from, interact with, or interfere with our Services without our prior written permission.
We may use technical measures to restrict or prevent unauthorized automated access to our Services. This section does not prohibit ordinary browser functions, accessibility tools, or other technologies used for legitimate personal use that do not interfere with or abuse our Services.
SECTION 15 - TERMINATION
We may suspend or terminate your access to our Services if you violate these Terms, engage in fraudulent or abusive activity, interfere with the operation or security of our Services, or otherwise misuse our Services.
Where reasonably necessary, we may also restrict or terminate access to our Services for operational, security, or legal reasons.
Termination or suspension does not affect any rights or obligations that arose before the termination or suspension. Any amounts properly due before termination remain payable.
The provisions of these Terms that by their nature should continue after termination, including Intellectual Property, Feedback, Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and any other applicable provisions, will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY The Claxxics, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLAXXICS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICES OR PRODUCTS, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, BUSINESS OPPORTUNITIES, OR REPLACEMENT COSTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE RESULTING FROM YOUR INABILITY TO ACCESS OR USE OUR SERVICES, THIRD-PARTY SERVICES OR WEBSITES, SHIPPING OR DELIVERY DELAYS, OR EVENTS BEYOND OUR REASONABLE CONTROL.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WHERE LIABILITY CANNOT BE EXCLUDED, THE CLAXXICS' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 18 - INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless The Claxxics and its owners, employees, contractors, service providers, partners, and affiliates from reasonable losses, damages, liabilities, claims, and expenses arising directly from:
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Your material breach of these Terms;
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Your unlawful use of the Services;
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Your violation of the rights of another person or entity; or
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Content or information you submit to our Services that violates these Terms or the rights of another person or entity.
We will make reasonable efforts to notify you of any claim for which indemnification may apply. You agree to reasonably cooperate with us in responding to such claims.
We may participate in or control the defense of a claim where appropriate. We will not settle a claim in a way that imposes a non-monetary obligation on you without your consent, unless otherwise permitted by applicable law.
This section does not require you to indemnify The Claxxics for losses caused by The Claxxics' own unlawful conduct, negligence, or breach of these Terms, to the extent such limitation is required by applicable law.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
If we do not immediately enforce a right or provision of these Terms, that does not mean that we have waived that right or provision. Any waiver must be made expressly and does not constitute a waiver of any other right or provision.
These Terms, together with our Privacy Policy and any other policies or terms expressly incorporated into these Terms, constitute the entire agreement between you and The Claxxics regarding your use of our Services and supersede previous versions of these Terms and any prior agreements relating to the same subject matter.
If we make material changes to these Terms, we may update the Terms by posting the revised version on our website. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such transfer is permitted by applicable law.
The Claxxics may transfer or assign these Terms, or its rights and obligations under these Terms, in connection with a merger, sale, restructuring, transfer of ownership, or other business transaction, or where otherwise permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements between you and The Claxxics will be governed by and interpreted in accordance with the applicable laws governing The Claxxics and its Services.
Any dispute arising out of or relating to these Terms or your use of our Services will be handled by a court or other competent authority with appropriate jurisdiction, unless applicable law requires otherwise.
Nothing in these Terms is intended to limit any mandatory consumer protection rights or other rights that cannot lawfully be excluded or restricted under the laws applicable to you.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at caxddakar@gmail.com.
Our contact information is posted below:
caxddakar@gmail.com