Terms Of Sale

OVERVIEW

 Welcome to NyxxiPins! These Terms of Sale govern your purchase of products or services from our website. By making a purchase, you agree to abide by these terms. Please read through them carefully.


SECTION 1 - PAYMENT TERMS

 NyxxiPins website accepts Shop Pay, Apple Pay, Google Pay, Meta Pay, PayPal,  Venmo, Diners Club, and all major credit cards as forms of payment for our products.


SECTION 2 - PRICING AND TAXES

 Pricing for each product is included in the product listing. Any applicable taxes will be added in cart as required by law.


SECTION 3 - SHIPPING AND DELIVERY

 All pins are shipped via USPS ground advantage and come with a tracking number. Processing time varies from 2 days-2 weeks depending on the pins location. We DO NOT combine shipping for in hand orders.

Made to order products are shipped directly from the manufacturer. As such, processing times and fees are at the discretion of the
supplier (see our policies page for more details on these products).

Address changes for preorder products will be requested via instagram stories and directly in groups if applicable after pins are graded. If you have not provided us with an address change within 48 hours of the post, we will not be responsible for replacing your package.

Once a package is scanned in by USPS, Nyxxipins does not assumed responsibility for any lost, misplaced, or stolen mail. It is the buyers responsibility to contact USPS and fill out a lost mail request form.


SECTION 4 - RETURN AND REFUND POLICIES

Preorder Pin Refunds:

If you request a refund on a pin you preordered during the new group model (August 2022 and beyond), your refund will be processed immediately and you will not be allowed to join new groups moving forward.

Preorder requests made for pins preordered during the old model (pre August 2022) OR for patreon preorders will be processed once the pins arrive in hand. Exceptions to this policy will be made if funds become available and only in the order requested.

Refund requests must be made prior the the pin in question arriving in hand to either Nyxxi or her assistant. Refunds will be processed for those requested once the pin has been graded and shipped to presale buyers.

These policies are necessary as funds are tied up in production and providing a refund before this point would require me to use my personal resources, rather than Nyxxi funds. Additionally, I do not offer refund to rebuy at 6 months for paypal protection renewal.

In Hand Product Refunds:

There are no refunds or exchanges for B or C graded pins. If you feel something is wrong with an A grade pin, please feel free to dm nyxxistant with pictures and it will be decided from there if a mistake was made and a refund or exchange will be given.

  Refunds or exchanges will only be honored within one week of receiving your pin for FULL PRICE PINS ONLY. If an exchange has been offered, you have 48 hours to provide us with a tracking number for the product you are exchanging, otherwise the exchange will be cancelled. Refunds incur a restocking fee of 20% of purchase price. Sale products are NOT available for refund or exchange

  The buyer pays return shipping for both a refund or exchange. The pin must be shipped with proof first before the refund will be given. Please know exchanges may not always be possible as we may not have any A graded pins left. Exchanges will only be shipped once I receive the exchanged pin. We have the right to deny any request for a refund or exchange, and refunds/exchanges are reviewed on a case by case basis. 

NOTE: Once the pin is released to the post office, NyxxiPins is not responsible for any damages incurred as a result of transit, lost, or stolen pins.


SECTION 5 - CANCELLATION AND ORDER CHANGES

Acceptance of cancellations or order changes within 24 hours of purchase are at the sole discretion of the owner of NyxxiPins. We do not accept cancellations or order changes after 24 hours of purchase. 


 SECTION 6 - TERMS OF USE AND ACCEPTANCE

 By accessing and using our website, you agree to comply with and be bound by all of the listed terms and conditions on our website. 


SECTION 7 - DISPUTE RESOLUTION AND JURISDICTION

Any dispute, claim, or controversy arising out of or relating to this Agreement, its interpretation, performance, breach, or termination, including disputes concerning the scope of this arbitration clause or the arbitrability of any issue (collectively, "Dispute"), shall be resolved by arbitration. The arbitration shall be conducted by a single arbitrator, appointed by mutual agreement of the parties or, in the absence of such agreement, by a neutral arbitrator. The arbitration shall be held in Winston-Salem, NC, and the language of the arbitration shall be English. The arbitrator shall apply the laws of the state or jurisdiction governing this Agreement. The decision of the arbitrator shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction.

In the event that either party initiates legal proceedings to enforce the terms of this Agreement or to resolve a Dispute, and the court or arbitrator ultimately rules in favor of the other party, the party who initiated the legal proceedings shall be responsible for all legal costs, including but not limited to reasonable attorney's fees, incurred by the prevailing party in connection with such proceedings. 


SECTION 8 - LIMITATIONS OF LIABILITY

NyxxiPins shall not be held liable for any direct, indirect, incidental, consequential, or special damages, or any loss of revenue, profits, or data arising from the use or inability to use our products or services, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our liability is limited to the purchase price of the product or service in question. In no event shall [Your Company Name]'s total liability to you for all damages, losses, and causes of action exceed this amount.

NyxxiPins makes no representations or warranties, express or implied, regarding the fitness for a particular purpose, merchantability, or non-infringement of intellectual property for our products or services. We do not guarantee the accuracy, completeness, or reliability of any information or content provided on our website.

 Please note that some jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you. To the extent that we cannot disclaim any implied warranty or limit liability as a matter of applicable law, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

 By using our website and purchasing our products or services, you agree to this limitations of liability clause.


SECTION 9 - INTELLECTUAL PROPERTY

NyxxiPins respects the intellectual property rights of others and its committed to complying with all relevant laws and regulations regarding intellectual property.

. Any references to trademarks, copyrights, or other intellectual property of third parties on our website are for informational purposes only.

- NyxxiPins does not claim ownership of any third-party trademarks, logos, or brand names displayed on our website.

- NyxxiPins does not assert any ownership over third-party copyrighted content, including images, text, videos, or other materials used with permission or in accordance with applicable licenses.

Any use of third-party intellectual property on our website does not imply any endorsement, sponsorship, or association with the respective owners of these intellectual properties.

Nyxxipins creates products that are inspired by various fictional characters, themes, or properties that are not owned or licensed by our company. These products are created as a form of artistic expression and are not affiliated with or endorsed by the creators or owners of the original characters or properties.

- Our products may draw inspiration from well-known fictional characters from literature, film, television, comics, or other media.

- NyxxiPins does not claim ownership or any official association with the original creators or owners of the characters or properties that inspire our products.

We respect the intellectual property rights of others and make every effort to ensure that our products are created in a manner that respects those rights. Our products are not official merchandise or licensed products of the original characters or properties.

 By purchasing our products, you acknowledge and understand that they are inspired by characters or themes from various sources, and any resemblance to specific characters or properties is purely coincidental. By using our website and purchasing our products or services, you acknowledge and agree to the above-stated intellectual property disclaimer.

We have taken reasonable measures to ensure that the use of such third-party intellectual property is lawful and properly attributed. If you believe that your intellectual property rights have been infringed upon or if you have any concerns regarding the use of intellectual property on our website, or if you have any questions or concerns regarding our products and their inspiration please contact us promptly at nyxxipins@gmail.com. 


SECTION 10 - CONTACT INFORMATION

 Questions about the our Terms of Service should be sent to us at nyxxipins@gmail.com


SECTION 11 - CHANGE TO TERMS

We may update these Terms at our discretion at any time. Changes to the Terms will be indicated by an updated date at the bottom of this page.

By making a purchase on our website, you acknowledge that you have read, understood, and agreed to these Terms of Sale. If you do not agree with any part of these Terms, please refrain from making a purchase.

Thank you for choosing NyxxiPins! 

Last updated: [October 7, 2023]