THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.
These Terms of Service (“Terms”) set forth a legally binding agreement between you and BUXXIV-7 LLC (“BUXXIV-7”, “we”, “us”) and govern your use of www.buxxiv7.com, your use of interactive features, widgets, plug-ins, applications, content, downloads, and/or other services that we own and control and make available through www.buxxiv7.com (collectively, the “Site”), and online transactions for products or preorders (collectively, “Orders”) initiated or completed on the Site. The Site and the Orders are collectively referred to as the “Service.” By using the Service, you acknowledge and accept these Terms, including the binding arbitration terms in Section 22.
Additional or different terms and/or conditions may apply to your use of the Service or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms“). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Service.
These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your use of the Service following any such change constitutes your agreement to follow and be bound by the updated Terms.
By using the Service, you represent and warrant that you have read and understood, and agree to be bound by these Terms and BUXXIV-7 Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy is available at
If you are under the age of majority in your jurisdiction, then you are not permitted to register as a user. We may reject the use of any password, username, or email address for any other reason in our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the right, as permitted by applicable law, to terminate your account or suspend or otherwise deny your access to the Site or its benefits in our sole discretion, for any reason, and without advance notice or liability.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with BUXXIV-7 or cause any other confusion; and (c) the links and the content on your website do not portray BUXXIV-7 or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to BUXXIV-7. BUXXIV-7 reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
BUXXIV-7 in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.
Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. In some cases (e.g., purchases to pick up in store or purchases of preorder items), you may be charged for your Order immediately upon our receipt of the Order. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).
All prices are in U.S. dollars. All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state the Order is being shipped to. Please note that some states charge sales tax on shipping fees as well.
We accept payment methods as provided during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.
You may use a gift card issued by BUXXIV-7 or by a third party (e.g., Visa, MasterCard, AMEX, or Discover) as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after entering a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.
When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you read the promotional details to confirm your order qualifies for the promotion. Our shipping promotions exclude shipments to Canada, Alaska, Hawaii, Puerto Rico, and APO/FPO addresses. Promotions for express, second day, or overnight shipments exclude shipments to PO Boxes. Any oversized shipping fees that may apply to an Order are not included in the shipping discount. Shipping promotions cannot be stacked with any other coupons or discounts.
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. BUXXIV-7 may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation. If a product you purchased from us is not as described, your sole remedy is to return it and receive a credit for the purchase price, subject to our return policies in Section 13 below.
We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., lava lamps, intimate apparel). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. For example, because of transit issues a lava lamp may sometimes arrive looking cloudy, we provide advice on the Site on how to restore clarity, as cloudy lava lamp globes are not considered defective. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. For example, while we believe our packaging is generally discreet when you order intimate apparel or other intimate products, please be advised that for deliveries to Canada, APO/FPO and other military bases, the contents of your Order are required to be listed on the outside of your package for delivery.
By using the Site, you acknowledge and agree that BUXXIV-7 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify BUXXIV-7 against all claims, injury, and/or damages arising out of your use of any third-party service.
IN NO EVENT WILL BUXXIV-7, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “BUXXIV-7 PARTIES”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) YOUR ENGAGEMENT WITH OTHER USERS, (G) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (H) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if BUXXIV-7 Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUXXIV-7 PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BUXXIV-7 IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BUXXIV-7 PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BUXXIV-7 PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) BUXXIV-7 PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BUXXIV-7 PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BUXXIV-7 PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, BUXXIV-7 PARTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE, INCLUDING CONTENT AND UGC, OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND BUXXIV-7 PARTIES OTHER THAN PURSUANT TO THESE TERMS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BUXXIV-7 PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BUXXIV-7 PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) BUXXIV-7 PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BUXXIV-7 PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BUXXIV-7 PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
The arbitration agreement in Section 22 of these Terms is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Except for the arbitration agreement in Section 22, these Terms and any applicable Additional Terms will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
BUXXIV-7 may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of BUXXIV-7.
Unless otherwise specified, these Terms constitute the entire agreement between you and BUXXIV-7. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of BUXXIV-7 to act with respect to a breach by you or others does not waive BUXXIV-7 right to act with respect to subsequent or similar breaches. BUXXIV-7 failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of BUXXIV-7.
BUXXIV-7 reserves the right to investigate and prosecute any suspected or actual violations of these Terms. BUXXIV-7 may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
BUXXIV-7 controls and operates the Site from its U.S.-based offices. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content (to the extent local laws apply). We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms, or to any sale of goods carried out as a result of your use of the Site.
Software related to or made available by the Site may be subject to export controls of the U.S.A. that prohibit software from the Site from being downloaded, exported, or re-exported (a) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed (e.g., Cuba, Iraq, Libya, North Korea, Iran, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (a) – (c) above.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to the Terms, and any applicable Additional Terms then posted without further action by you.
Any questions regarding these Terms may be directed to [email protected]
