Terms and Conditions
Welcome to www.mixturehome.com. We maintain this Web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain any of our products or services offered on this site.
These terms and conditions ("Terms") of service offered through our Web site and all content and services available through it (collectively, the "Site") are provided by CBM, Inc. a California corporation, doing business as mixture ("MIXTURE"). BY ACCESSING, MAKING A PURCHASE OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
Intellectual Property Rights
This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the "Content"), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by MIXTURE or the applicable third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site. mixture authorizes you to view and download one copy of the Content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by mixture for use in accessing the Site. mixture, Mixture Designs and other trade names are trademarks of mixture, Inc. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Representations and Warranties
You represent, warrant and covenant that you are at least 18 years old and can enter into a binding agreement and you agree not to use a false or misleading name or a name that you are not authorized to use and all information you provide when placing an order on the Site is current and correct.
Code of Conduct
You agree that you will not use the Site or any third party site that references our trademarks in any way to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Site and you expressly agree that you will not engage in any form of harassment or offensive behavior, including but not limited to the posting of communications which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
Privacy Policy
mixture respects the privacy of its users. Our Privacy Policy, as it may change from time to time, is a part of these Terms.
Orders, Payment Terms
You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within our sole discretion, and unless otherwise agreed by mixture, payment must be received by mixture prior to our acceptance of an order. Orders are not binding until the order is accepted by mixture. mixture may need to verify any information you provide before mixture accepts an order, and may cancel or limit an order any time after it has been placed. mixture expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.
Returns
mixture offers a guarantee of your satisfaction: If you are dissatisfied with your purchase we will accept it back for a full replacement or store credit (less round-trip shipping fees) provided you notify us of your wish to return your purchase within seven days of receipt by sending an e-mail to us at mixture@mixturehome.com or calling us at 1.800.903.1913 to receive a return authorization. All returned items must include original packing materials and the merchandise must be in unused saleable condition. mixture will impose a 15% restocking fee for all return requests received after seven days of delivery. Return requests received after 14 days of delivery of merchandise will be declined. Special orders and non-stock items are sold at non-returnable terms and cannot be returned. Please call us if you have any questions.
Shipping
Title to any product and risk of loss passes from mixture to you on shipment from our facility. You will be charged separately for shipping and handling, and all shipping and handling charges will appear on the check-out form when you submit an order.
If an item arrives damaged, notify us immediately so that we may work with you to arrange a return, replacement, or store credit. Please be aware that many of our products are highly susceptible to damage during transit. We take great care to pack shipments so that they will arrive safely, so please be sure to retain the original packing materials, original receipt and merchandise tags for any item that you return to us. You may have to provide supplementary packing materials if the outer carton has been worn during the original trip out to you. Please call if you have any questions on 1.800.903.1913
Pricing and Sales Tax
The price of the products shall be the price listed on the Site at the date of acceptance of the order unless we have quoted a special price for the products. All prices specially quoted are valid for 30 days only or until earlier acceptance by you except in the case of special promotions of such products when prices specially quoted therein shall be valid for the time stated therein after which time they may be changed by us without further notice.
mixture shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other state that requires a sales tax for orders placed online and delivered in that state. You are solely responsible for all sales taxes, or other taxes, on orders shipped.
Disclaimer of Warranties
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED ''AS IS,'' ''AS AVAILABLE,'' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH mixture. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT DOWNLOADED FROM THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS OR SERVICES.
Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL mixture, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF mixture IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold MIXTURE and our partners, officers, agents, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of these Terms or use of the Site.
Changes to the Site
MIXTURE may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that MIXTURE shall not be liable for any such changes.
Changes to the Terms
MIXTURE reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on our homepage. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" link on our homepage to view the then current Terms.
Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Termination
You agree that MIXTURE, in its sole discretion and at any time without notice to you, may terminate your use of the Site. You further agree that MIXTURE shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and Miscellaneous shall survive any such termination.
International Users
This Site is controlled, operated and administered by MIXTURE from its offices within the United States. MIXTURE makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Miscellaneous
Except as explicitly stated otherwise, notice to MIXTURE shall be given by postal mail to Mixture, 2210 Kettner Blvd., San Diego, CA 92101 and notice to you shall be given by an e-mail sent to the address you provided during the checkout process or through a general notice posted on the Site. In addition, MIXTURE may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
These Terms shall be treated as though they were executed and performed in San Diego, California, U.S.A, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in these Terms shall be interpreted as in accordance with their fair meaning and not strictly for or against either you or us. All legal proceedings arising out of or in connection with these Terms shall be brought solely in San Diego, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms will take precedence. The failure by MIXTURE to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
mixture 2210 Kettner Boulevard San Diego, CA 92101
800.903.1913 toll free / 619.239.4788 ph. / 619.239.4793 fx.
mixture@mixturehome.com
