Terms and Conditions
Welcome to newmoxiestore.com!
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These terms and conditions outline the rules and regulations for the use of New Moxie’s Website, located at newmoxiestore.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use newmoxiestore.com if you do not agree to take all of the terms and conditions stated on this page.
First and foremost, thank you for your order! I genuinely appreciate your business! It is my dream to own an online fabric/notion store and your support is greatly appreciated!
Unfortunately, due to a small handful of “previous issues” I now must include these terms and conditions:
1) ALL SALES ARE FINAL. Please order carefully. I am happy to answer questions, send additional pictures, whatever you need to assist you with placing your order.
2) FABRIC COLORS: Please be aware that every monitor displays colors differently. I make every effort to photograph my products in ideal lighting and I DO NOT use filters to enhance colors. I am always happy to take more pictures for you upon your request.
3) SHIPPING TIMES/USPS TRACKING NUMBERS: All paid orders ship out the next business day. I ship all orders with USPS tracking included. You will receive an email shipping confirmation/tracking number when your label is printed. Occasionally these emails end up in your junk/spam folder.
4) MESSAGES/EMAIL RESPONSE TIMES: I answer messages as soon as possible. That being said, I am a mom of 5 who works full time in addition to trying to start my dream business. Responses are occasionally slow/delayed despite my best efforts. I appreciate your patience and understanding. My email address is: NewMoxie@yahoo.com and you can always message me through Facebook. My name is: Nicole Drake Miller
5) CREDIBILITY: It is my goal to establish your comfort and trust with your online transactions with me. I have earned over 1000 positive feedback reviews in my Etsy shop: NewMoxie.etsy.com and my official store website is: NewMoxieStore.com
Net 60 Payments
By choosing Net 60 payment option, you voluntarily choose to enter into a contract with New Moxie. New Moxie reserves the right to reject any Net 60 payment with no explanation of cause. Customers who choose Net 60 payments will have 60 calendar days from date of invoice to pay in completion. Invoices will be emailed to the customer after 1) at time of checkout 2) a partial payment has been received 3) at 20/40/59 day increments and 4) upon completion of contract.
Unless otherwise stated, New Moxie and/or its licensors own the intellectual property rights for all material on newmoxiestore.com. All intellectual property rights are reserved. You may access this from newmoxiestore.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from newmoxiestore.com
- Sell, rent or sub-license material from newmoxiestore.com
- Reproduce, duplicate or copy material from newmoxiestore.com
- Redistribute content from newmoxiestore.com
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. New Moxie does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of New Moxie,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, New Moxie shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
New Moxie reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant New Moxie a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of New Moxie; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to New Moxie. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of New Moxie’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Are you reading these Terms & Conditions?! You should be rewarded for your effort! During Checkout, leave a comment in the “order notes” box of the last name of your favorite Star Trek captain – do this and I will enclose a small free item in your package as a “thanks for actually reading this stuff” surprise gift!
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.