Terms of service

OVERVIEW
This website is operated by Haus Of Mix. Throughout the site, the terms “we”, “us” and “our” refer to Haus Of Mix. Haus Of Mix 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.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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 (if applicable)
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 Refund Policy: [LINK TO REFUND 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 details, please review our Refund Policy: [LINK TO REFUND 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 the 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 to be 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
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

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 - 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 Haus Of Mix, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Haus Of Mix and our parent, 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 15 - 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 16 - 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 17 - 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 governs 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 18 - 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 United States.

SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@hausofmix.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@hausofmix.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] LAST UPDATED ON JULY, 2024.

WELCOME TO HAUSOFMIX.COM (THIS “WEBSITE” OR “SITE”), A WEBSITE OWNED AND OPERATED BY HAUS OF MIX, LLC (“HAUS OF MIX,” “WE,” OR “US”). THESE TERMS OF USE AND THE PRIVACY POLICY APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THIS WEBSITE (“USERS” AND/OR “YOU”). THESE TERMS OF USE EXPLAIN THE TERMS BY WHICH YOU MAY USE OUR WEBSITE AND OUR SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”), WHETHER OR NOT YOU HAVE REGISTERED TO CREATE AN ACCOUNT [HTTPS://HAUSOFMIX.COM/ACCOUNT/LOGIN].  THESE TERMS OF USE AND OUR PRIVACY POLICY [HTTPS://HAUSOFMIX.COM/PAGES/PRIVACY-POLICY] CREATE THE TERMS OF YOUR AND OUR AGREEMENT WHENEVER YOU USE THIS WEBSITE, AND WHEN YOU CHOOSE TO PURCHASE PRODUCTS THROUGH THIS WEBSITE. 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE AND/OR PURCHASING PRODUCTS THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY FOUND AT HTTPS://HAUSOFMIX.COM/PAGES/PRIVACY-POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS SITE.

 

IF YOU ARE NOT AT LEAST 13 YEARS OLD, DO NOT USE THIS WEBSITEIF YOU ARE BETWEEN THE AGES OF 13 AND 18, WE ASSUME THAT IF YOU ARE USING THIS SITE OR PURCHASING PRODUCTS THROUGH THIS SITE THAT YOU HAVE THE PERMISSION OF A PARENT OR GUARDIAN TO DO SO AND IF YOU DO NOT THEN DO NOT USE THIS SITE OR PURCHASE PRODUCTS ON THIS SITE.

 

CHANGES AND UPDATES.  WE RESERVE THE RIGHT TO AMEND THESE TERMS OF USE AND PRIVACY POLICY AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE DO THIS, WE WILL POST THE AMENDED TERMS OF USE AND/OR PRIVACY POLICY AND INDICATE AT THE TOP OF THE TERMS OF USE OR THE PRIVACY POLICY, AS THE CASE MAY BE, THE DATE SUCH WAS LAST REVISED. YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH CHANGES ARE MADE MEANS YOU ACCEPTANCE OF THE NEW TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY CHANGES OR ADDITIONS TO THESE TERMS OF USE, DO NOT CONTINUE TO USE OR ACCESS THIS SITE. 

 

ACCESSING THIS WEBSITE AND ACCOUNT SECURITY.  WE RESERVE THE RIGHT TO WITHDRAW OR AMEND ANY MATERIAL WE PROVIDE ON THIS WEBSITE IN OUR SOLE DISCRETION. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THIS WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THIS WEBSITE, OR THE ENTIRE WEBSITE, TO USERS, INCLUDING ANY REGISTERED USERS.

 

IF YOU REGISTER FOR AN ACCOUNT, YOU WILL BE ASKED TO PROVIDE TO US CERTAIN PERSONAL INFORMATION AT THE POINT OF COLLECTION AND TO CREATE A PASSWORD (SEE OUR PRIVACY POLICY FOR MORE INFORMATION)  IF YOU THINK SOMEONE ELSE HAS COMPROMISED YOUR ACCOUNT OR TAKEN YOUR PASSWORD WITHOUT PERMISSION, PLEASE ALERT US IMMEDIATELY AT [SHOP@HAUSOFMIX.COM].  IF WE THINK YOU OR SOMEONE ELSE IS USING THIS WEBSITE OR YOUR ACCOUNT IN A WAY NOT ALLOWED BY THESE TERMS OF USE, WE HAVE THE RIGHT TO DISABLE YOUR ACCOUNT OR OTHER CREDENTIALS YOU SET UP AT ANY TIME. 

 

USE OF YOUR ACCOUNT.  YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON THE SITE FROM YOUR ACCOUNT OR THAT USE YOUR CREDENTIALS. YOU ARE RESPONSIBLE AND LIABLE FOR ANY SECURITY BREACHES THAT OCCUR WITH RESPECT TO THE WEBSITE THROUGH YOUR ACCOUNT.

 

USE OF OUR WEBSITE.  YOU AGREE NOT TO USE OR LAUNCH ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” OR ANY OTHER TOOL OR MALICIOUS CODE THAT WOULD DISRUPT OUR WEBSITE OR TRY TO COMPROMISE OTHER USERS AND OTHER ACCOUNTS.  THIS SITE DOES NOT ALLOW USERS TO POST CONTENT.

 

YOU AGREE THAT YOU WILL NOT USE ANY MEANS WITH RESPECT TO THE WEBSITE INCLUDING ANY AUTOMATIC OR ELECTRONIC MEANS, TO OBTAIN OR ACCESS ANY INFORMATION, DATA OR MATERIALS PROVIDED BY ANY OTHER USERS. 

SHOPPING

  • SHOPPING BAGS. WHEN YOU SHOP ON OUR SITE, YOU CAN USE A SHOPPING BAG TO KEEP TRACK OF THE ITEMS YOU HAVE SELECTED UNTIL YOU ARE DONE SHOPPING.  YOU WILL BE ABLE TO REVIEW AND CONFIRM YOUR CHOICES, YOUR SHIPPING ADDRESS, HOW YOU ARE PAYING FOR YOUR ITEMS, AND THE SIZES YOU NEED.

 

  • CHECK OUT. WHEN YOU CHECK OUT, THE DATA IS TRANSMITTED TO OUR THIRD PARTY PAYMENT PROCESSING COMPANY (AT PRESENT, WE USE SHOPIFY).  SHOPIFY STORES YOUR PAYMENT INFORMATION ON OUR BEHALF.  IF YOU USE OTHER MEANS OF PAYMENT (SUCH AS APPLEPAY), YOU WILL BE ENTERING YOUR INFORMATION INTO THOSE THIRD PARTIES’ SITES, AND YOU SHOULD REVIEW THOSE PROVIDERS’ TERMS OF USE AND PRIVACY POLICIES.

 

 

  • BACK ORDER. IF ANY ITEM YOU SELECT IS ON BACK ORDER, WE WILL SEND YOU UPDATES TO LET YOU KNOW WHEN IT WILL BE AVAILABLE.  THIS NOTICE WILL BE SENT TO THE EMAIL YOU GIVE US WHEN YOU ARE GETTING READY TO CHECK OUT.

 

  • PRICING AND PRODUCT ERRORS/CORRECTIONS. WE ENDEAVOR TO PRESENT CURRENT, ACCURATE, AND RELIABLE INFORMATION REGARDING OUR PRODUCTS.  HOWEVER, ON OCCASION, THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY BE WITH REGARD TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ERRORS OR TO UPDATE PRODUCT INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. IF A PRODUCT IS LISTED AT AN INCORRECT PRICE DUE TO AN ERROR ON THIS SITE, TO THE FULLEST EXTENT ALLOWED BY LAW, WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR ANY PRODUCT LISTED AT THE INCORRECT PRICE.  FURTHER, TO THE FULLEST EXTENT ALLOWED BY LAW, WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY SUCH ORDERS, REGARDLESS OF WHETHER THE ORDER HAS BEEN CONFIRMED AND YOUR METHOD OF PAYMENT CHARGED. IF YOUR METHOD OF PAYMENT HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS THEN CANCELLED, WE WILL ISSUE A CREDIT TO YOUR ORIGINAL METHOD OF PAYMENT FOR THE AMOUNT OF THE INCORRECT PRICE.

 

 

  • NOT FOR RESALE. YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE TO PURCHASE ANY PRODUCT FOR PURPOSES OF RESALE BY YOU OR ANY OTHER PERSON, AND WE EXPRESSLY DISCLAIM ALL WARRANTY FOR CLAIMS FOR DAMAGES OR OTHERWISE, INCLUDING ALL INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR INTENT TO, ATTEMPT TO, OR ACTUAL RESELL ANY PRODUCT PURCHASED FROM THE WEBSITE

 

  • PROBLEMS.  IF THERE IS PROBLEM WITH THE INFORMATION YOU GIVE US WHEN YOU CHECK OUT, WE WILL TRY TO REACH YOU THROUGH THE CONTACT INFORMATION YOU PROVIDED.

 

  • FRAUD.  IF THERE IS ANY CONCERN ABOUT FRAUD OR CREDIT, WE WILL LET YOU KNOW IF WE ARE ALLOWED BY LAW.  WE MAY BE REQUIRED BY LAW TO FIRST REPORT THE PROBLEM TO LAW ENFORCEMENT OFFICIALS.  WE USE A THIRD PARTY VENDOR TO DETECT FRAUD.

 

  • YOUR MONEY. WHEN YOU CHECK OUT, AND PUT IN YOUR PAYMENT INFORMATION, YOU PROMISE, REPRESENT AND WARRANT THAT THE INFORMATION IS ACCURATE, THAT YOU ARE AUTHORIZED TO USE THE PAYMENT METHOD PROVIDED, AND THAT YOU WILL NOTIFY US OF CHANGES THAT COULD IMPACT YOUR ORDER, YOUR ACCOUNT OR YOUR PAYMENT. 

 

 

  • PRICES AND TAXES.  WE MAY CHANGE THE PRICES OF OUR PRODUCTS FROM TIME TO TIME.  DIFFERENT LOCATIONS REQUIRE US TO CHARGE AND COLLECT SALES TAX AT THE TIME OF CHECK OUT.  EXCEPT TO THE EXTENT REQUIRED UNDER APPLICABLE TAX LAWS, THE ACTUAL TAX AMOUNT THAT WILL BE APPLIED TO YOUR ORDER AND CHARGED TO YOUR PAYMENT METHOD IS BASED ON CALCULATIONS ON THE DATE OF SHIPMENT, REGARDLESS OF WHEN THE ORDER WAS PLACED.

 

  • SHIPPING CHOICES AND COSTS.  WHEN YOU CHECK OUT, YOU WILL SELECT YOUR MEANS AND TIMING OF SHIPMENT.  IF YOU DO NOT LIVE IN THE UNITED STATES, WHERE WE ARE BASED, YOU MAY ALSO HAVE TO PAY IMPORT DUTIES THAT WILL BE REFLECTED IN YOUR FINAL ORDER SUMMARY.

 

  • PROPRIETARY RIGHTS. THIS WEBSITE AND ITS ENTIRE CONTENTS, OUR PRODUCTS, AND THE PHOTOGRAPHS OF OUR MODELS AND OUR PRODUCTS (INCLUDING BUT NOT LIMITED TO ALL INFORMATION, TRADEMARKS, MARKS, SERVICE MARKS, DISPLAYS, IMAGES, VIDEO AND AUDIO AND THE DESIGN, SELECTION, AND ARRANGEMENT THEREOF) (COLLECTIVELY AND INDIVIDUALLY, THE “MATERIALS”) ARE OWNED BY HAUS OF MIX, ITS LICENSORS OR OTHER PROVIDERS OF SUCH MATERIAL AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, AND/OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS LAWS.  YOU PROMISE AND AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS FROM ANY HAUS OF MIX MATERIALS. USE OF THE HAUS OF MIX MATERIALS FOR ANY PURPOSE NOT EXPRESSLY PERMITTED BY THESE TERMS OF USE IS STRICTLY PROHIBITED.

 

YOU MAY CHOOSE TO SUBMIT TO US COMMENTS OR SUGGESTIONS ABOUT THE SITE AND OUR PRODUCTS. BY SUBMITTING A COMMENT OR SUGGESTION, YOU UNDERSTAND AND AGREE THAT WE HAVE THE UNLIMITED RIGHT TO USE THOSE COMMENTS OR SUGGESTIONS FOR ANY PURPOSE, WITHOUT ANY COMPENSATION OR ATTRIBUTION TO YOU. 

 

·    SECURITY.  WE HAVE IMPLEMENTED REASONABLE TECHNICAL, SECURITY AND ORGANIZATIONAL MEASURES DESIGNED TO SECURE YOUR PERSONAL INFORMATION FROM ACCIDENTAL LOSS AND FROM UNAUTHORIZED ACCESS, USE, ALTERATION OR DISCLOSURE.  FOR MORE INFORMATION, SEE OUR PRIVACY POLICY [HTTPS://HAUSOFMIX.COM/PAGES/PRIVACY-POLICY].  NOTWITHSTANDING THESE REASONABLE MEASURES, WE CANNOT GUARANTEE THAT SOMEONE WILL NOT BE ABLE TO ACCESS YOUR INFORMATION WITHOUT OUR OR YOUR PERMISSION.  IT IS YOUR CHOICE WHETHER OR NOT TO PROVIDE INFORMATION TO US THROUGH THIS WEBSITE. 

 

·    THIRD-PARTY SERVICE PROVIDERWHEN YOU PROCEED TO CHECKOUT, YOUR INFORMATION WILL BE TRANSMITTED TO OUR THIRD PARTY PAYMENT PROCESSOR (AT PRESENT, SHOPIFY).  WE ALSO HAVE A THIRD PARTY THAT MONITORS OUR ECOMMERCE TRANSACTIONS TO DETECT FRAUD.  SEE OUR PRIVACY POLICY FOR MORE INFORMATION ABOUT OUR THIRD PARTY PROVIDERS [HTTPS://HAUSOFMIX.COM/PAGES/PRIVACY-POLICY].

 

·    THIRD PARTY SITES. IF YOU LINK TO ANOTHER WEBSITE FROM THIS WEBSITE FOR ANY OTHER GOODS OR SERVICES, OR IF YOU COME TO THIS SITE FROM A THIRD PARTY SITE, YOU UNDERSTAND THAT THESE TERMS OF USE AND THE PRIVACY POLICY DO NOT APPLY TO YOUR USE OF THOSE OTHER SITES. YOU EXPRESSLY RELIEVE HAUS OF MIX FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. 

 

·    INDEMNITY.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HAUS OF MIX AND ITS SUBSIDIARIES, AGENTS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS. DEBTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, INTELLECTUAL PROPERTY RIGHTS OR ANY CONTRACTUAL OR PROPRIETARY RIGHTS; (IV) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY; (V) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY INFORMATION OR DATA THAT ARE SUBMITTED VIA YOUR ACCOUNT; OR (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.

 

·    DISCLAIMERS AND LIMITATION OF LIABILITY THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HAUS OF MIX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAUS OF MIX, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR ITS LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE TERMS OF USE, THIS WEBSITE OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HAUS OF MIX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAUS OF MIX AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF  ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

 

IN NO EVENT SHALL HAUS OF MIX AND ITS AFFILIATES AND THEIR OFFICERS,  DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR OUR LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO ANY USER  IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE PRODUCTS OR THIS WEBSITE IN AN AMOUNT EXCEEDING THE AMOUNT, IF ANY, THAT SUCH USER HAS PAID TO HAUS OF MIX FOR THE PRODUCTS PURCHASED THROUGH THIS SITE GIVING RISE TO THE CLAIM.

 

THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HAUS OF MIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

GOVERNING LAW. THESE TERMS OF USE SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF ARIZONA WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES.

 

ARBITRATION; NO CLASS ACTION.  TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR WE WILL SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.  FURTHER, TO THE FULLEST EXTENT ALLOWED BY LAW, NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.

 

YOU AND WE AGREE TO ARBITRATE ALL DISPUTES THAT ARE NOT RESOLVED INFORMALLY, EXCEPT DISPUTES RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.  THIS INCLUDES ALL DISPUTES REGARDING ANY CURRENT, PAST OF FUTURE PURCHASE OR EVENT, BETWEEN YOU AND US REGARDING OUR PRODUCTS, THIS AGREEMENT OR THIS WEBSITE, AND WHETHER THE CLAIMS IS BASED ON CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS.  WE BOTH AGREE BY THIS UNDERTAKING THAT THE ARBITRATOR WILL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY OR ENFORCEABILITY OF THESE TERMS OF USE, THE PRIVACY POLICY OR THE FORMATION OF THIS AGREEMENT, INCLUDING THE ARBITRABILITY OF ANY DISPUTE AND ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS OR ARE VOID OR VOIDABLE. YOU ARE WAIVING ANY AND ALL RIGHTS YOU MAY HAVE TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

IF YOU OR WE HAVE A DISPUTE WITH THE OTHER OR THIS WEBSITE OR OUR AGREEMENT, NOTICE MUST FIRST BE SENT TO THE OTHER PARTY, INCLUDING:

  • NAME, ADDRESS, AND CONTACT INFORMATION OF THE PARTY GIVING THE NOTICE
  • THE FACTS THAT ARE THE BASIS OF THE DISPUTE
  • THE REMEDY SOUGHT (E.G. A REFUND).

FOR NOTICES TO US REGARDING A DISPUTE, THEY MUST BE EMAILED TO: SHOP@HAUSOFMIX.COM WITH A COPY MAILED TO HAUS OF MIX, LLC, ATTN: LEGAL DEPARTMENT / CFO, 3940 LAUREL CANYON BLVD, STUDIO CITY, CA 91604.

IF WE HAVE A CLAIM AGAINST YOU, WE WILL NOTIFY YOU BY THE CONTACT INFORMATION YOU HAVE PROVIDED TO US.

WE AND YOU WILL THEN USE GOOD FAITH EFFORTS TO RESOLVE THROUGH INFORMAL NEGOTIATIONS THE DISPUTE.  IF, DESPITE THESE GOOD FAITH EFFORTS, WE CANNOT REACH AN AGREED RESOLUTION WITHIN 60 DAYS, THEN, YOU OR WE MAY COMMENCE AN ARBITRATION PROCEEDING.  ARBITRATION WILL BE CONDUCTED IN LOS ANGELES, ARIZONA, OR IF YOU AND WE AGREE REMOTELY.

ARBITRATION WILL BE ADMINISTERED BY ONE ARBITRATOR. THE ARBITRATOR MAY AWARD DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, INCLUDING DECLARATORY OR INJUNCTIVE RELIEF, BUT ONLY TO THE EXTENT REQUIRED TO SATISFY YOUR INDIVIDUAL CLAIM.

SMS Policy

By consenting to Haus Of Mix’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at Contact Us for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Haus of Mix products or services, you agree that any controversy, claim, action, or dispute between you and Haus of Mix arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of [Brand]’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Maricopa, Arizona, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Arizona, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Haus Of Mix’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to info@hausofmix.com.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Haus of Mix. You are responsible for ensuring Haus Of Mix’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and Haus of Mix agree that you may bring or participate in Claims against Haus of Mix only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Haus of Mix agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

NOTIFICATION PROCEDURES. OTHER THAN FOR DISPUTES, HAUS OF MIX MAY PROVIDE NOTIFICATIONS, WHETHER SUCH NOTIFICATIONS ARE REQUIRED BY LAW OR ARE FOR MARKETING OR OTHER BUSINESS RELATED PURPOSES, TO YOU VIA EMAIL NOTICE, WRITTEN OR HARD COPY NOTICE, OR THROUGH CONSPICUOUS POSTING OF SUCH NOTICE ON OUR WEBSITE, AS DETERMINED BY HAUS OF MIX IN OUR SOLE DISCRETION. HAUS OF MIX RESERVES THE RIGHT TO DETERMINE THE FORM AND MEANS OF PROVIDING NOTIFICATIONS TO OUR USERS, PROVIDED THAT YOU MAY OPT OUT OF CERTAIN MEANS OF NOTIFICATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY.

 

ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER. THESE TERMS OF USE, THE PRIVACY POLICY AND YOUR AGREEMENT TO PAY FOR THE PRODUCTS YOU BUY THROUGH THIS WEBSITE CREATE THE ENTIRE AGREEMENT WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS YOU BUY FROM US. IF ANY PROVISION OF THESE TERMS OF USE ARE DEEMED INVALID BY A COURT OF COMPETENT JURISDICTION, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THESE TERMS OF USE, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.  NO WAIVER OF ANY TERM OF THESE TERMS OF USE SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM, AND HAUS OF MIX’S FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THESE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

YOUR COMMENTS AND CONCERNS.  THIS WEB SITE IS OWNED AND MANAGED BY HAUS OF MIX.  ALL FEEDBACK, COMMENTS, REQUESTS FOR TECHNICAL SUPPORT AND OTHER COMMUNICATIONS RELATING TO THIS WEBSITE OR OUR PRODUCTS CAN BE SENT TO US AT: SHOP@HAUSOFMIX.COM.