1. SCOPE OF APPLICATION
The Terms and Conditions set forth below shall apply to all use of Auxiliare International LLC's Website www.auxilry.com (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Auxiliare International LLC provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
Please be advised that the Auxiliare International LLC button items available on our Website are intended for the discerning adult lover of custom shirt accessories and may be purchased only by adults with a valid credit card according to paragraph 2 hereafter.
2. YOUR ORDER
Auxiliare International LLC only sells products to adults through the Website who can purchase its products using a credit card. By purchasing a product using the Website, you represent to Auxiliare International LLC that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Auxiliare International LLC's products through your computer.
3. PRE-ORDER POLICY
Please note that the ship date is an estimated date and you will receive an email with your tracking information as soon as the item leaves our warehouse. Auxiliare International LLC is unable to guarantee delivery dates for pre-order items as there can sometimes be unexpected delays by the manufacturer. Your credit card will be charged at the time the order is placed. If for some reason Auxiliare International LLC is unable to fulfill your order due to an inventory/manufacturing error, Auxiliare International LLC will cancel and refund your order in full. If your order includes a pre-order item and an item in stock, the item in stock will ship first.
4. PARTIES TO THE TRANSACTION, CUSTOMER SERVICE, AND WARRANTY CLAIMS
Auxiliare International LLC
347 Fifth Avenue
New York, NY 10016
Any complaints or lifetime guarantee claims may be sent to this address. Auxiliare International LLC's customer service department may be contacted using the following contact information:
Phone: 1-646-679-4315 (Monday – Friday, 9:00am to 6:00pm, Saturday 9:00am to 3:00pm, Sunday and Holidays 9:00am to 5:00pm, US Eastern Time)
5. COMPLETION OF A PURCHASE
Credit card payment and PayPal are the only form of payment Auxiliare International LLC accepts for products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Auxiliare International LLC. The binding purchase agreement comes into existence only when Auxiliare International LLC accepts your order on the Website by sending you an e-mail or written communication, or by shipping the products ordered.
When Auxiliare International LLC is required by law to collect applicable taxes relating to your order, you authorize Auxiliare International LLC to charge the applicable taxes to your credit card.
7. RESERVATIONS AND EXCEPTIONS
Auxiliare International LLC reserves the right to change prices, terms, specifications and guarantees for products on this Website at any time without prior notice. Auxiliare International LLC attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Auxiliare International LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Auxiliare International LLC will inform you of the error at which time you may cancel or reaffirm your order at your option.
8. PRODUCT AVAILABILITY
Once Auxiliare International LLC accepts your order, it will attempt to promptly fill the order subject to available inventories or pre-orders. Should an item not be available, we kindly ask you to try back again or visit your local authorized Auxiliare International LLC retailer.
9. TERMS OF PAYMENT
The purchase price for the products ordered by you is due upon the shipment of your order by Auxiliare International LLC. Upon shipment, Auxiliare International LLC will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Auxiliare International LLC's claim for payment unless the amount set off is not disputed by Auxiliare International LLC or has been the subject of a final and binding judgment against Auxiliare International LLC.
10. DELIVERY AND RESERVATION OF TITLE
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Auxiliare International LLC. You agree that the products ordered and sent to you remain Auxiliare International LLC's property until full payment has been received by Auxiliare International LLC.
11. RIGHT TO CANCEL THE PURCHASE
You may cancel this purchase for any reason up to two weeks following your receipt of the ordered products. If you cancel this purchase, Auxiliare International LLC will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products excluding shipping fees (if product has been shipped). Any fees incurred from shipping will remain applied and be be paid for by the customer.
To cancel the purchase, you must send a written notice to the address specified above in paragraph 3 within two weeks of your receipt of the products, or send the products back to the following address for delivery within two weeks of your receipt of the products:
Auxiliare International LLC.
Attn: AUX Returns
347 Fifth Avenue
New York, NY 10016
If you cancel the purchase by written notice, you must return the products to this address within 30 days of the cancellation.
In case you cancel the purchase you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Auxiliare International LLC. You must take reasonable care that the products are not damaged during their return.
12. LIFETIME GUARANTEE
Beginning on the date of your receipt, Auxiliare International LLC guarantees that its products are free from defects in materials and workmanship and will repair or replace it at no charge (except shipping & handling).
Auxiliare International LLC online's customer service department may be contacted seven days a week, between 9:00 am and 6:00 pm EST at the following telephone numbers:
AUXILIARE INTERNATIONAL LLC HEREBY DISCLAIMS ALL OTHER GUARANTEES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied guarantee lasts, so the above limitation may not apply to you.
THIS GUARANTEE REPRESENTS AUXILIARE INTERNATIONAL LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. AUXILIARE INTERNATIONAL LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIS GUARANTEE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Auxiliare International LLC.
13. PROHIBITION OF ASSIGNMENT
You may assign your contractual rights under these Terms and Conditions to a third party only with Auxiliare International LLC's prior written consent.
14. APPLICABLE LAW
By using this Website, you agree that the laws of the state of New York shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Auxiliare International LLC reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
15. DISCLAIMERS AND LIMITATIONS OF LIABILITY RELATING TO USE OF THE WEBSITE
The Website is provided on an "AS IS," "as available" basis. Neither Auxiliare International LLC nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Auxiliare International LLC nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Auxiliare International LLC or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Auxiliare International LLC records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The above limitations of liability apply to all claims for damages no matter what the legal grounds may be, inclusive of tortuous acts; they do not apply to potential liability according to the regulations on product liability. The rights of the consumers based on the consumer protection laws in force are not affected.
16. PROPRIETARY RIGHTS
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "content") are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Auxiliare International LLC owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
17. COMPLETE AGREEMENT
You may not modify, delete or amend these Terms and Conditions in any manner without the express written agreement of Auxiliare International LLC.