Terms of Service – JEXIE

Terms of Service

OVERVIEW

This website is operated by JEXIE, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Jexie, JEXIE, LLC, Jexieusa.com. Jexie 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 our PRIVACY POLICY, 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 1.1 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, country, 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 1. 2 BUYERS BE AWARE OF THE FOLLOWING:

 Unpaid Items Policy

By placing an order, buyer have agreed all our policies, including but not limited to our Terms of  Service, Handling and Shipping policy, and Returns and Refunds. Please note is buyer’s responsibility making sure shipping address is complete, accurate and valid for delivery by any carrier. JEXIE will ship to regular P.O. box street addresses using U.S Postal Services only. We are not responsible for lost, undelivered, delayed or returned packages due to address errors, and buyer must pay to reship, redirect, or return the package(s) when applicable.

Items for sale at JEXIE and any of its sales channels may or may not be available (out of stock orders are fully refunded and buyer is always notified). We accept returns on items that were delivered within seven (7) days of delivery date. All items must be returned in perfect condition, unwashed, undamaged, unused and/or unworn, with its original tags or package to be eligible for refund. Buyer must CONTACT US FIRST to request a return (or place a return request on our Returns center at www.t.ly/u_LO before sending back the package and must pay for return label. Buyer is agreeing that order could be briefly delayed (99.9% of orders are successfully delivered to our customers). Clearance and Final Sale items are not returnable/refundable.

By placing an order, buyer have agreed to contact us directly first if have any question or concern about any part of their order, including to request cancellation and/or refund instead of opening a claim/dispute through the sales channel where order was placed, or through the payment method provider. Be aware that orders buyer place on dispute are NOT RETURNABLE/REFUNDABLE. Omitting communication with us is a breach to our policy. If your item(s) were already dispatched to your address, your order cannot be cancelled; you must wait for your package and return it if desired by following our policy and procedures. Returned merchandise are subject to the greater of $4.99 or 10% restocking fee per order. If returned merchandise arrives late or outside of the designated timeframe to your return request, has damages, alterations, or signs of usage in any way, the restocking fee amount will be charged at our discretion, and you will be informed upon your request.

 

In the event your order or merchandise is dispatched to your address and is or became unpaid due to a system error, an issue with your payment method, or a dispute/claim buyer initiated, buyer will be contacted via email, text message, WhatsApp message or postal mail to arrange payments of merchandise; buyer will have ten (10) days to respond to our requests and settle the debt or to make a promise of payment. If buyer has not paid or responded to our request within the ten days, thirty (30) additional days to pay debt in full will be provided from the end of the tend (10) days period previously provided, or from the day we receive first response from buyer, and a $25 USD Recovery fee will be added to your debt; an invoice summarizing items provided to you. We encourage buyers to contact us and make payment arrangements to avoid going to collections or facing shoplifting law. If buyer refuses to pay, do not respond or do not pay the debt, corresponding anti-shoplifting laws will be enforced. At the end on the thirty (30) days, your delinquent account will be sent to collection and therefore, reported to the credit bureaus if still unpaid.

If you contacted us through a valid way of contact such as Facebook / Instagram direct messenger, or a way of contact listed in our contact us page only, and we did not respond within 30 days, and after at least three (3) valid attempts of communications that you made through different ways of communication provided herein, and in different dates, then you have the right to open a dispute, otherwise, if everything was made correctly in our part, our policies and applicable state and national laws will be enforced. Please note that comments, reviews or questions buyers submit through our website, social media or any public platform are NOT considered contact with us because this methods may not be read in a reasonable timeframe or may not be read at all; make sure you use a valid form of contact provided by JEXIE.



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.

Our site is originally written in English. When the automatic or manual translation system is in use, the translation of information may or may not be 100% accurate or precise; if you have any doubt or any question, or need confirmation about any information from our site, whether if is in English or other language, you may contact us.


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 AND/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 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.

By using this site and/or signing up to our services you acknowledge and agree that Jexie reserves the right, in its sole discretion, to cancel or suspend any or all of its services and programs, and we may decline to provide you access to the services or stop (permanently or temporarily) at our sole discretion

5.2 - PRODUCTS AND/OR SERVICES - ORDER DELIVERY AND COMMUNICATION RESPONSE (if applicable)

Currently, we DO NOT offer overnight shipping/delivery, we do not provide customer service over the phone (meaning calls, unless is a special case requiring it at our discretion), and emails may or may not receive a quick response (sometimes we respond outside of our business hours to abide communication demand). Reply is not guaranteed but we strive to reply within 1-3 business days. If you have not received a response from us to your email or text messages, you may contact us again.

 

5.3 TREND ENTHUSIAST REWARDS PROGRAM

Trend Enthusiast is a rewards program that provide rewards to our users. Membership is free. You may choose to register on our program and create an account and you should review our Privacy Policy before you register. You agree to accept responsibility for any and all activities that occurs under your account, including but not limited to maintain the security of your username and password. By joining the Trend Enthusiast Rewards Program, you agree that you have read, understood and agree to be bound by the Program Terms of Use and any changes or modifications we may make to these Program Terms and Conditions. Additionally, you agree to receive email notifications regarding the program (you may unsubscribe any time.

The Program is based on earning points which can be converted into rewards. It has 3 main Tiers: Rewards can be used towards products available on www.jexieusa.com. Users earn points by shopping at jexieusa.com and by completing available activities on their accounts.
Users can redeem earned at jexieusa.com while at check out, and the points balance will decrease with each reward redeemed. The personal information we collect from users is subject to our Privacy Policy. Points expire after 365 days for all users. If program is terminated all points and rewards will expire automatically. The FAQ of the program are subject to this terms and conditions as well. We reserve the right to, change and/or update to the program, terminate the program, and/or delete users with or without notice.

 

5.4 GIFT CARDSE-GIFT CARDS

The Gift Cards are ideal for birthdays, holidays, graduations and any other event. They allow you to purchases any item in our online store. Choose the desired amount of the card to be used instantly.

The Electronic Gift Card will be sent to your email and can be redeemed at Jexieusa.com  No physical card will be mailed.

Gift cards are not returnable or refundable. We cannot reissue lost or stolen gift cards. If orders purchased with a gift card are returned, the refund will issued to a new card, it will not be refunded the original E-Card. The new card will be sent to the email address linked to the account used when making your purchase.

If you are buy a gift, the gift will be shipped directly to you, and in case of returns. you will receive a new gift credit for the value of your return. Once the product you are returning to us is received, the new gift card will be emailed to you.

If the products were not purchased for a gift, or the gift buyer had the order shipped to themselves to give it to you later, we will send the refund to the gift buyer.



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 Orders and Payments Policy as well as our Returns and Refunds 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. We also reserve the right to delete any comments, emails, or any information you submit including behaviors that we consider as abusive, intimidating, harassing, or offensive to us, and block you from any or all our sites and ways of communication.

Please note that comments, reviews or questions buyers submit through our website, social media or any public platform are NOT considered contact with us because this methods may not be read in a reasonable timeframe or may not be read at all; make sure you use a valid form of contact provided by JEXIE.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our 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 Jexie, 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 Jexie 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.

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SECTION 15 - DISCLAIMERS

Views Expressed Disclaimer:

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

 

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

 

No Responsibility Disclaimer:

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

 

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

 

"Use at Your Own Risk" Disclaimer:

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

 

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.



SECTION 16 - 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 17 - 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 18 - 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 19 - 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 State of Florida, City of Orlando, Orange County (FL).


SECTION 20 - 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 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@jexieusa.com.