MUYSHONDT ONE (1) YEAR LIMITED WARRANTY
FOR MUYSHONDT BRANDED PRODUCTS ONLY
NOTICE: BY USING YOUR MUYSHONDT PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE MUYSHONDT ONE YEAR LIMITED WARRANTY (“Warranty”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THIS WARRANTY.
IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT FOR A REFUND WITHIN THE RETURN PERIOD AND PROCESS DESCRIBED IN THE “PURCHASING” SECTION ON THIS PAGE TO MUYSHONDT OR THE AUTHORIZED DEALER WHERE YOU PURCHASED IT.
This Warranty gives you specific legal rights. You may have other rights that vary from State to State (or by Country or Province). For a full understanding of your rights you should consult the laws of your Country, Province, or State.
To the extent permitted by law, this Warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. Muyshondt disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose, and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Muyshondt limits the duration and remedies of such warranties to the duration of this express Warranty and, at Muyshondt’s option, the repair or replacement services described below. Some States (Countries and Provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
WHAT IS COVERED BY THIS WARRANTY?
Muyshondt Enterprises, Inc. (“Muyshondt”) warrants to you, the Original Purchaser, Muyshondt-branded products and accessories contained in the original packaging (“Muyshondt Products”) against defects in materials and workmanship when used normally in accordance to Muyshondt’s published guidelines for a period of ONE (1) YEAR from the date of original retail purchase (“Warranty Period”) from Muyshondt or a Muyshondt Authorized Dealer. Muyshondt’s published guidelines include, but are not limited to, information contained in technical specifications, user manuals, and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to Muyshondt Products that were not purchased from Muyshondt or a Muyshondt Authorized Dealer, or not owned by the Original Purchaser. This Warranty does not apply to any non-Muyshondt branded product of any kind. Manufacturers of third party items may provide their own warranties to you. Please contact them for further information.
This Warranty does not apply: (a) to protective coatings that may diminish over time or to batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, unless caused by a defect in materials or workmanship; (c) to damage caused by use with a third party component or product, including, but not limited to, third party batteries; (d) to damage caused by accident, abuse, misuse, fire, or other external cause; (e) to damage caused by operating the product outside of Muyshondt published instructions; (f) to damaged caused by service performed by anyone who is not a representative of Muyshondt; (g) to a Muyshondt Product that has been modified in any way, shape, or form without the express written permission of Muyshondt; (h) to defects caused by normal wear and tear or otherwise due to normal aging of the Muyshondt Product; (i) if any Muyshondt product marked with a serial number has had it removed or defaced; or (j) if Muyshondt receives information from the relevant authorities that the product has been stolen and you cannot prove in any way that you are the owner of the product (i.e. by presenting proof of purchase).
Before receiving warranty service, Muyshondt or its agents may require that you provide proof of purchase details, respond to questions to assist with diagnosing potential issues, and follow Muyshondt’s procedures for obtaining warranty service.
Following warranty service, your Muyshondt Product or a replacement device will be returned to you.
MUYSHONDT'S WARRANTY PROCESS
If you submit a claim during the Warranty Period to Muyshondt in accordance with this Warranty, Muyshondt will, as its option:
(i) repair the Muyshondt product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Muyshondt Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Muyshondt product for a refund of your purchase price.
Muyshondt may request that you replace certain user-serviceable parts or Muyshondt products. A replacement part or Muyshondt Product, including a user-serviceable part that has been installed in accordance with instructions provided by Muyshondt, assumes the remaining term of the Warranty, or sixty (60) days from the date of replacement or repair, whichever provides longer coverage for you. When a Muyshondt Product or part is replaced, or a refund provided, any replacement item becomes your property, and the replaced or refunded item becomes Muyshondt’s property.
In the event Option iii above is exercised and the Muyshondt Product was originally purchased from an Authorized Dealer, the Authorized Dealer will exchange the Muyshondt Product for a refund of the purchase price. If the Muyshondt Product was purchased from Muyshondt, Muyshondt will exchange the product for a refund of the purchase price.
OBTAINING WARRANTY SERVICE
To receive instructions for obtaining Warranty services you must: contact Muyshondt via e-mail at email@example.com. A representative of the company will contact you, help you troubleshoot the problem, and if necessary provide you with a return address for you to deliver the product to for repair/replacement.
Your name, address, telephone number, and an original dated sales receipt with item description from Muyshondt or a Muyshondt Authorized Dealer is required for any and all warranty claims and must be submitted with the product for servicing.
For products with an included Guarantee Card, the Guarantee Card must be submitted with the item for service.
To obtain the Warranty service, the product must be packed in suitable packaging that provides an adequate degree of protection against damage during transit from you to Muyshondt. Costs associated with transport, inclusive of packaging, for Warranty services shall be at your expense.
Failure to follow the above instructions may result in delays, or may void your Warranty.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUYSHONDT IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATE PROFITS (INCLUDING PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORUNITY; LOSS OF GOODWILL.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Muyshondt employee, agent, or Authorized Dealer is authorized to make any modification, extension, or addition to this Warranty. Where the term of this limited warranty is prohibited by such laws, it shall be null and void, but the remainder shall remain in full effect. In the event of any dispute arising from this warranty the laws of Texas, USA shall apply.
The prices are shown in US Dollars and are quoted excluding sales tax or shipping costs.
The prices may be modified at any time. However, Muyshondt applies the price list in force shown on the Site at the time of ordering.
Orders are payable in US Dollars and no exception will be made.
Display price and final check out price may vary according to where you decide to ship your cart. You are responsible for any duties, tariffs, or additional charges that may be imposed by the destination country upon import.
Payment is due upon ordering. No order can be shipped without confirmation from our bank that your payment has been received. Online payment is accepted exclusively by Credit Card or PayPal. We do not accept Money Orders or Personal Cheques.
Muyshondt accepts and delivers orders within the limit of available stock. In case items are temporarily or permanently unavailable, we will send you an e-mail so that you are informed. You will then have the option of modifying or canceling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we will issue you a full refund as soon as possible. In confirming your order, you are accepting all of our general conditions of sale.
Muyshondt is not responsible for lost shipments although we will work with you and the shipping carrier to try to locate them.
Delivery times will vary according to the destination and type of delivery. Muyshondt cannot be held responsible for any delays in delivery. Delayed delivery will not give rise to any penalty nor indemnity, and cannot be used as reason for cancelling the order.
Please be advised that Muyshondt cannot be held responsible for lost, damaged, or delayed pacakages, though we will do our best to assist you in seeking resolution with the shipping carrier.
Please also note that deliveries that cannot be completed because of absent clients or due to an incorrect provided address will be shipped again at the client’s expense or cancelled. In the event of such cancellation, the original shipping costs are not refundable. For specific delivery lead times, please contact us with your request before placing your order. You may reach us by e-mail at firstname.lastname@example.org.
Once an order has been placed, the shipping option cannot be modified.
Your order will be shipped to the delivery address you provided.
Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed.
RETURNS AND EXCHANGES
If you are not satisfied with your purchase, you may return any unused, undamaged merchandise purchased from this website by mail, received by Muyshondt strictly within fourteen (14) calendar days of delivery, provided the merchandise is of original quality and the merchandise and packaging are complete and have not been damaged.
All returns are subject to a 15% restocking fee, and must be in like-new, original condition, with all original packaging. Used or damaged products, or products missing any of the original packaging, cannot be returned. Any product failing quality inspection as determined exclusively by Muyshondt, or returned after fourteen (14) calendar days will be returned to you at your expense and no refund will be issued.
All Leather Goods, Power Cells, Opus Series, and Copper-based products (Copper, Aluminum Bronze, etc.) are final sale and exempt from being returned.
Items that are discounted in any form or offered as part of a promotion, including, but not limited to, pre-orders, are not eligible for return or cancellation.
Shipping costs are not refundable. Items shipped via a complimentary shipping method in the United States will have $10 deducted from the refund, in addition to restocking fees. Items shipped via a complimentary shipping method outside of the United States will have $60 deducted from the refund, in addition to restocking fees.
To initiate a return, please contact email@example.com to request return authorization and instructions. Unauthorized returns are not permitted and will be returned to you at your expense.
You are responsible for paying your own shipping costs for returning items to us. We do not guarantee that we will receive your returned item. It is recommended you use a shipping method with tracking and insurance.
Once your return is delivered to us per the provided instructions, we will inspect the item. If it is accepted for return, we will issue a refund within 15 business days of receipt to your original method of payment. If it is not approved, we will notify you by e-mail and make arrangements for its return to you.
If an item was marked as a gift when purchased, you will receive a gift credit for the value of your return. No credit is provided for shipping costs. If a complimentary shipping method was used, $10 will be deducted from the gift credit.
RISKS AND WARRANTY
The transfer of risks attached to the items sold by Muyshondt shall take place upon handing-over to the shipping carrier. If the items sent do not conform to your order, or should they be defective, they will be repaired or replaced.
Should you have further questions or required additional assistance, please contact our Customer Care team by e-mailing firstname.lastname@example.org.
This website is operated by Muyshondt Enterprises, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Muyshondt Enterprises, Inc. Muyshondt Enterprises, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT MAY APPLY TO YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - INTELLECTUAL PROPERTY
All information and content available on the website, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, video, audio clips, data compilations and software, its “look and feel”, and the compilation and organization thereof (collectively, the "Content") is property of Muyshondt, and is protected by United States and other international laws, including laws governing copyrights and trademarks. Our Content may not be used in any manner for any purpose without our express written consent.
Additionally, Muyshondt products may be covered by United States and International patents and trademarks, the rights of which are exclusively reserved. You may not use elements of our designs in any manner for any purpose without our express written consent.
Except as set forth in the limited licenses in Section 4 below, or as required under applicable law, neither the Content nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall Muyshondt Enterprises, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Muyshondt Enterprises, Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - DISPUTES
With respect to any dispute, claim, or controversy regarding the Service, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, USA as if the Terms and Conditions were a contract wholly entered into and wholly performed within Texas. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF MUYSHONDT ENTERPRISES, INC.) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN TEXAS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SECTION 17 - 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 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas, United States.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org or mailing us at: Muyshondt Enterprises, Inc. 1920 E. Riverside Dr. Ste. A-120 No. 345, Austin, TX 78741, United States
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at:
Muyshondt Enterprises, Inc.
Re: Privacy Compliance Officer
1920 E. Riverside Dr.
Ste. A-120 No. 345
Austin, TX 78741