MyMINX

GENERAL

These Terms and Conditions of sale comprise the basis on which MyMINX (Pty) Ltd offers MyMINX (Pty) Ltd Products for sale.  They shall take precedence over any conditions of purchase proposed by You as well as any other previous written or oral agreements by and between You and MyMINX (Pty) Ltd.  No qualification, variation of, addition to or deletion from these Terms and Conditions shall be effective unless expressly agreed to in writing and by MyMINX (Pty) Ltd.

PRIVACY

The Privacy Policy and Security Statement form part of the Terms and Conditions.



TRADEMARKS

The mark, MyMINX, indicated on the Site, is a trademark of MyMINX (Pty) Ltd.  The mark may not be used, in any way, without the prior written permission of MyMINX (Pty) Ltd.  Nothing in this Site grants You any license or right to use any marks displayed on this Site without the written permission of MyMINX (Pty) Ltd You are strictly prohibited from misusing any of the marks or other materials on this Site.



USE OF THE SITE BY MINORS MyMINX (Pty) Ltd does not target as customers, or solicit data from, persons under the age of eighteen (18) years (Minors)  Minors should obtain the consent of a parent or guardian prior to accessing and using the Site.



SUBMISSION OF MATERIAL TO THE SITE

 MyMINX (Pty) Ltd may invite ('the Invitation ') You to submit material, including photographs, feedback data such as questions, comments, suggestions, notes, ideas and any other response ('Material'), to the Site (particularly to the 'Customers Gallery' and 'Bikini Competition' sections of the Site).

Upon MyMINX (Pty) Ltd Invitation, You may submit Material to the Site, provided that:

By submitting Material to us through this Site, you represent and warrant that: such Material is non-confidential; you own all rights, title and interest in the Material; You have full and unfettered power to assign all rights and interest in the Material to MyMINX (Pty) Ltd, free from any claim by any person; the Material is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, trademark, defamation, and privacy); and You will enter into any formal written documentation as may be required to formalize Your assignment of all rights in the Material to MyMINX (Pty) Ltd.  Additionally, You acknowledge that by submitting such Material, You are deemed to have provided a valid and binding electronic signature authorizing the assignment of all rights, title and interest in all such Material to MyMINX (Pty) Ltd, its assigns and licensees, and providing MyMINX(Pty) Ltd with the perpetual right to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material for any purpose whatsoever in any media throughout the world and without compensation to You.

 MyMINX (Pty) Ltd does not accept any Material which depicts or purports to depict persons under 18 years old.  MyMINX (Pty) Ltd has the exclusive right to refuse, remove or disqualify any Material without notice to You and for any reason whatsoever, including but not limited to, Material that is defamatory, obscene, offensive or otherwise outside the boundaries of decency as determined by MyMINX (Pty) Ltd in its sole discretion.  MyMINX (Pty) Ltd will not notify You directly regarding if and/or when Your Material will be posted on this Site; however, MyMINX (Pty) Ltd will use its best efforts to post all accepted Material on this Site within a reasonable timeframe. 

 MyMINX (Pty) Ltd may use the Material in any way we choose for as long as we choose without any restrictions.  By sending us the Material, You agree that MyMINX(Pty) Ltd has the right to publish the Material for any type of use including, but not limited to, promotional and advertising purposes, and that we do not owe You any compensation for using the Material.  Because we have an unlimited right to use whatever Material You send to us without compensating You, please do not send us any original creative materials such as artwork, stories, slogans or product designs.



PURCHASE OF PRODUCTS

Payment Terms

A valid credit card number on Visa, MasterCard, Discover or American Express is required for payment.  You shall have the sole responsibility for payment of all applicable taxes, assessments, or duties which may be imposed upon the shipment or sale of the products covered by these Terms and Conditions (the “Products”).  You shall have no right to set-off any amount(s) due to You against any amount(s) due to MyMINX (Pty) Ltd in connection with all purchases of MyMINX (Pty) Ltd Products through this Site.     

Packing and Delivery Options

 MyMINX (Pty) Ltd will pack and ship all Products in accordance with good commercial practices.  Separate charges for shipping and handling will be added to the price of the Products ordered.  You will have several delivery options available.  All delivery options are based on number of business days from the day of shipment.  Anyone at the delivery address who receives the Product or Products is deemed to be authorized to receive the Product or Products on Your behalf.    

Title and Risk of Loss

Title and risk of loss to all MyMINX (Pty) Ltd Products shall pass to You upon MyMINX (Pty) Ltd delivery to carrier at shipping point. 

Return Policy 

If You are not satisfied with the quality of the Product or Products You have purchased, MyMINX (Pty) Ltd will exchange or issue a refund to You for the Product or Products, provided:

Products that are returned unopened and unworn with the Product packaging unbroken, or any other Products in original, undamaged condition with the original tags attached may be returned within thirty (30) days of purchase, by sending the Product(s) to MyMINX (Pty) Ltd designated location on the following basis: a) You must follow instructions included with the Products; b) if a MyMINX (Pty) Ltd Product is defective, it may be exchanged for the same Product; c) You are responsible for the cost of shipping back any returned Products; and d) a credit on Your credit card (exclusive of shipping and handling charges for the original shipment) will be given following MyMINX (Pty) Ltd receipt of Products that are returned in accordance with this return policy.

No Resale

Products are available for purchase for Your own personal use or to give as a gift, only; resale of MyMINX (Pty) Ltd Products purchased under these Terms and Conditions is strictly prohibited.  In addition, You are prohibited from holding Yourself out as a representative or agent of MyMINX (Pty) Ltd Ltd by any means.

 Colors and Selection

We make every effort to display the colors of our Products included on this Site as accurately as possible. Because the colors that You see depend on Your monitor, we do not guarantee that Your monitor's display of any color is accurate. The selection of items online may vary from the items featured in other advertisements.  Supplies of items featured online are not subject to rain checks.



DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Site and the content of the Site are provided "as is" and without warranties of any kind, either expressed or implied.  MyMINX (Pty) Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness of a particular purpose.  MyMINX (Pty) Ltd does not warrant that the content of this Site will be accurate, reliable or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. MyMINX (Pty) Ltd does not warrant or make any representations regarding the use or the results of the use of the content of this Site or in linked Sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You acknowledge, by Your use of this Site, that Your use of this Site is at Your sole risk, that You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that MyMINX (Pty) Ltd shall not be liable for any damages of any kind related to your use of this Site. 

IN NO EVENT WILL MyMINX (Pty) Ltd Ltd BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MyMINX (Pty) Ltd IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 MyMINX (Pty) Ltd PRODUCTS ARE SOLD TO YOU “AS IS,” AT YOUR OWN RISK, WITH NO WARRANTY WHATSOEVER.  MyMINX(Pty) Ltd MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, CONTRACT OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

In no event shall MyMINX (Pty) Ltd be liable to You for incidental or consequential damages.



INDEMNITY

You agree to indemnify MyMINX (Pty) Ltd and hold MyMINX (Pty) Ltd harmless from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.



LINKS TO THIRD PARTY SITES 

 MyMINX (Pty) Ltd makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that MyMINX (Pty) Ltd endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.



ELECTRONIC COMMUNICATIONS

You consent to receiving communications from Look Swimwear electronically, including electronic mail or notices posted on the Site.

You acknowledge that all agreements, notices, disclosures and other communications that MyMINX (Pty) Ltd provides to You and that You provide to MyMINX (Pty) Ltd electronically, satisfy any legal requirement that such communications be in writing.



FORCE MAJEURE

Neither You or MyMINX (Pty) Ltd shall be liable for delay in performance or failure of performance hereunder (except for the payment of money) due to fires, floods, other acts of God; accidents, explosions, equipment or machinery breakdown; sabotage, strikes or other labor disturbances (regardless of reasonableness of the demands of labor); riots, invasions, terrorism, wars; requisitions, regulations or directions of government; voluntary or mandatory compliance with any request of any governmental authority; shortages of, or inability to obtain at reasonable costs, labor, fuel, power, supplies, feedstock or raw materials; inability to obtain or delays of transportation facilities; or any other cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of the party relying upon this section. If any such disability shall continue for more than thirty (30) days, the undelivered quantities of MyMINX (Pty) Ltd Products during such period of disability as a result thereof may be canceled by either party, without liability, upon written notice to the other.

APPLICABLE LAW

 All transactions made though this Site in accordance with the Terms and Conditions shall be construed and enforced under the laws of the republic of South Africa irrespective of any contrary conflicts of law principles.  The provisions of the Uniform Commercial Code as adopted by the republic of South Africa, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply to all sales of Products.  You agree to submit to the jurisdiction of the republic of South Africa with regard to any action arising out of the sale of Products or Your use of this Site.



CHANGES
 MyMINX (Pty) Ltd may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice (“Notice”):

             by electronic mail; or

             by ordinary post to your address contained in the Customer Details; or

             by posting on the Site.

The Terms and Conditions supercede all previous, written or oral agreements between You and MyMINX (Pty) Ltd.

MISCELLANEOUS

This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The Terms and Conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the MyMINX (Pty) Ltd.All transactions shall be governed solely by the Terms and Conditions contained herein.

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision of these Terms and Conditions in any jurisdiction.

No waiver of any provision of or breach under these Terms and Conditions shall be deemed to be a wavier of any preceding or succeeding breach of the same or any other term.

Your indemnity and assignment of all rights in any Material submitted to MyMINX (Pty) Ltd and the Site will survive any change to, or termination of, the Terms and Conditions.



Returns & Mailing Address
: P.O Box 32451 Camps Bay Cape Town South Africa.

Office Address: 21 Woodhead Glen, Cape Town, South Africa.

CONTACT MyMINX (Pty) Ltd If you have any queries regarding these Terms and Conditions, please contact MyMINX (Pty) Ltd by email at the following address: wecare@myminx.com