Terms of Service
In General
Welcome to our online store!
X2 Design Group, LLC., (X2) owns and operates this website. This document governs your relationship with x2nyc.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time, and all policies referenced herein. By using this Website, you signify your consent to these Terms of Service. If you do not agree with these Terms of Service, please do not use this Website or submit any personal information to us. We reserve the right to modify these Terms of Service at any time. We will reflect any amendments to the Terms of Service on our Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Your continued use of the Website after any such changes constitutes your acceptance of the Terms of Service, as revised.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by X2. X2 has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Electronic Communications
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and X2 will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of X2 or its' licenses and are protected by copyright laws and treaties around the world. All such rights are reserved by X2 and its' licenses. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
(a) Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of X2 or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of X2, with copyright authorship for this collection by X2, and protected by international copyright laws.
(b) Trademarks
X2 trademarks and logos and trade dress may not be used in connection with any product or service that is not X2’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits X2. All other trademarks not owned by X2 or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by X2 or its subsidiaries.
License and Site Access
X2 grants you a limited license to access and make personal use of this site Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of X2. This license does not include any resale or commercial use of this site, X2’s intellectual property or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of X2. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of X2 and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing X2’s name or trademarks without the express written consent of X2. Any unauthorized use terminates the permission or license granted by X2. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of X2 so long as the link does not portray X2, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any X2 logo or other proprietary graphic or trademark as part of the link without express written permission.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with X2 you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. X2 retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be X2 or may in some cases be a third party. Where a contract is made with a third-party X2 is not acting as either agent or principal and the contract is made between you and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law X2 and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect X2's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Risk of Loss
All items purchased from X2 are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Indemnity
You agree to indemnify, defend, and hold harmless X2 its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
Variation
X2 shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaint-handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing us at info@x2nyc.com