Terms of service
1. Acceptance of Terms and Eligibility
Welcome to Penixy. These Terms of Service ("Terms") constitute a binding legal agreement between you (the "Customer," "you," or "your") and Penixy (the "Company," "we," "us," or "our"), governing your access to and use of the website located at penixy.myshopify.com (the "Site"), and all products, services, features, content, and applications offered through the Site (collectively, the "Services").
By accessing, browsing, or using the Site, placing an order, creating an account, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Site and Services.
Eligibility: You must be at least eighteen (18) years of age to use the Site and Services. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to Penixy, other customers, or third parties.
2. The Store and Products
Penixy operates an online retail store offering various products for sale. We strive to provide accurate, complete, and current information regarding product descriptions, specifications, availability, images, colors, dimensions, features, and other details displayed on the Site. However, we do not warrant that product descriptions, images, or other content on the Site are accurate, complete, reliable, current, or error-free.
Product colors, dimensions, packaging, and appearance may vary from images displayed on the Site due to differences in screen settings, display resolution, photographic representation, manufacturing updates, supplier modifications, or other factors. Product availability is subject to change without notice due to inventory fluctuations, supply chain limitations, operational constraints, demand variations, or supplier changes.
We reserve the right at any time, with or without prior notice, to modify, discontinue, update, limit quantities of, or otherwise change any product, service, feature, or content available through the Site. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product or service.
The inclusion of any product or service on the Site does not constitute an endorsement or recommendation. We make no representation that products or services are appropriate or available for use in all locations. Customers who access the Site from outside the United States do so at their own risk and are responsible for compliance with local laws.
3. Orders and Order Acceptance
When you place an order through the Site, you are making an offer to purchase the products in your order at the prices and on the terms stated at the time of your order. All orders are subject to acceptance by Penixy. We may, in our sole discretion, refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, fraud or suspected fraud, unauthorized or illegal transactions, or problems identified by our credit or fraud detection systems.
Your receipt of an order confirmation email does not constitute our acceptance of your order. Acceptance occurs when we ship the products in your order or, for digital products or services, when we make them available to you. If your order is cancelled after payment has been processed, we will issue a refund to your original payment method.
Orders are generally processed within one (1) to two (2) business days after payment confirmation. By placing an order, you authorize us to charge your designated payment method for the total amount of your order, including product prices, applicable taxes, and any other charges disclosed at checkout.
You are responsible for providing complete, accurate, and current contact, billing, and shipping information when placing an order. We reserve the right to reject or cancel orders if the information provided appears incomplete, inaccurate, fraudulent, or suspicious. You must promptly update your account information if it changes.
We may, but are not obligated to, verify your information by requesting additional documentation before accepting an order. Failure to provide requested verification may result in order cancellation and refund.
4. Pricing and Sales Tax
All prices displayed on the Site are listed in United States Dollars (USD) and are exclusive of applicable sales tax unless otherwise stated. Prices are subject to change at any time without prior notice. The price charged for a product will be the price stated on the Site at the time the order is placed, subject to the terms of this section.
Sales Tax: Applicable state and local sales tax will be calculated and added to your order total at checkout based on the applicable tax rates for the destination shipping address. The final order total, including all applicable taxes, will be displayed to you before you submit your order for processing. You are responsible for payment of all applicable taxes.
Despite our efforts to ensure pricing accuracy, errors may occur. If we discover a pricing error on the Site or in an order you have placed, we will notify you as soon as practicable and give you the option to reconfirm your order at the correct price or cancel your order. If we are unable to contact you, or if you do not respond within a reasonable time, the order will be cancelled and, if payment has been processed, a full refund will be issued to your original payment method.
We reserve the right to cancel any order placed at an incorrect price, whether or not the order has been confirmed or payment has been processed. If an order is cancelled due to a pricing error after payment, we will promptly refund the full amount charged.
Promotional codes, discount codes, or special offers may be subject to specific terms, conditions, and expiration dates. Codes cannot be combined unless explicitly stated and may be limited to one use per customer or order. We reserve the right to modify or cancel promotions at any time.
5. Payment
Payment is required in full at the time you place your order. We accept payment via the methods indicated on the Site at checkout, which may include major credit cards, debit cards, and other authorized payment methods processed through secure third-party payment processors.
By providing payment information, you represent and warrant that you are authorized to use the designated payment method, that all payment information you provide is true, accurate, and complete, and that you will pay all charges incurred at the prices in effect when such charges are incurred.
You authorize us (and our designated payment processors) to charge your designated payment method for the total amount of your order. If your payment method fails or your account is insufficient to cover the charges, we reserve the right to cancel your order or suspend access to your account until payment is received.
All payment transactions are processed using industry-standard encryption and security technologies. However, we are not responsible for any unauthorized access to your payment information that occurs due to circumstances beyond our reasonable control.
We reserve the right to refuse, limit, or cancel orders if we detect fraudulent, suspicious, or unauthorized activity. We may require additional verification, including but not limited to identification documents, before processing high-value orders or orders that appear irregular. We will not be liable for any delays or cancellations resulting from fraud prevention measures.
6. Shipping and Delivery
Shipping within the United States is FREE. We do not charge shipping fees for orders shipped to addresses within the United States.
Orders placed through Penixy are generally processed within one (1) to two (2) business days after payment confirmation. Estimated delivery time within the United States is approximately three (3) to five (5) business days from the date of shipment, depending on your location, shipping carrier operations, and other factors.
Delivery estimates are approximate and provided for informational purposes only. Actual delivery times may vary due to factors beyond our control, including but not limited to weather conditions, natural disasters, carrier delays, holidays, high shipping volume periods, transportation disruptions, customs processing (if applicable), or other unforeseen circumstances. Estimated delivery times do not constitute guaranteed delivery dates, and we are not liable for any delays in delivery.
You are responsible for providing complete, accurate, and deliverable shipping information at checkout, including the recipient's name, street address, city, state, and ZIP code. We are not responsible for failed deliveries, delays, lost packages, or additional charges resulting from incomplete, incorrect, or undeliverable addresses provided by you.
If a package is returned to us due to an incorrect or incomplete address, refusal of delivery, or failure to claim the package, you may be responsible for additional shipping charges to re-ship the order. We reserve the right to cancel the order and issue a refund, less any return shipping costs incurred by us.
Title and risk of loss for products pass to you upon delivery to the shipping carrier. Once a package is delivered to the address you provided, we are not responsible for lost, stolen, or damaged packages. We encourage you to track your shipment and contact the carrier directly if you experience delivery issues.
For more detailed information regarding shipping methods, processing times, carriers, tracking, and related policies, please refer to our Shipping Policy page on the Site.
7. Returns and Refunds
Penixy offers a thirty (30) day return period for eligible products. The return period is measured from the date of delivery. Please note that there is no statutory cooling-off period or "right of withdrawal" under United States federal law for most online purchases; our return window is a voluntary store policy.
To be eligible for a return, products must be unused, in original condition, in original packaging (where applicable), and accompanied by proof of purchase. Certain products may be excluded from return eligibility due to hygiene, safety, or other reasons as specified in our Return Policy.
Approved returns within the United States may qualify for free return shipping. Customers are encouraged to review the complete Return and Refund Policy available on the Site for full details regarding return eligibility, the return process, inspection requirements, refund processing times, non-returnable items, and other conditions.
Refunds are generally processed after the returned merchandise has been received, inspected, and approved by our returns department. Refunds will be issued to the original payment method used for the purchase. Please allow additional time for your financial institution to process the refund to your account.
If you have questions about returns or wish to initiate a return, please contact us using the contact information provided at the end of these Terms or refer to our Return Policy page for detailed instructions.
8. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, product descriptions, photographs, videos, audio, software, code, design, layout, "look and feel," trademarks, service marks, trade names, and other materials (collectively, "Content"), is the property of Penixy or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Penixy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Penixy or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Content solely for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any Content from the Site, except as follows:
- Your computer or mobile device may temporarily store copies of Content in RAM incidental to your accessing and viewing that Content;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You may not: (a) modify copies of any Content; (b) use any Content separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content; or (d) access or use the Site or Content for any commercial purpose or for the benefit of any third party.
If you violate any provision of these Terms, your permission to use the Site and Content automatically terminates, and you must immediately destroy any copies you have made of any Content.
Any use of the Site or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws. We reserve all rights not expressly granted in these Terms.
9. Acceptable Use
You agree to use the Site and Services only for lawful purposes and in compliance with these Terms and all applicable federal, state, and local laws, regulations, and ordinances. You agree not to use the Site or Services:
- In any way that violates any applicable law or regulation;
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Penixy or users of the Site or expose them to liability;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- To impersonate or attempt to impersonate Penixy, a Penixy employee, another user, or any other person or entity;
- To engage in any automated use of the Site, such as using scripts, robots, crawlers, scrapers, or similar data gathering or extraction tools to access, monitor, or copy any part of the Site without our express written permission;
- To interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- To attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- To introduce any viruses, trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful;
- To use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
- To attempt to bypass any measures we may use to prevent or restrict access to the Site;
- To use any information obtained from the Site to harass, abuse, or harm another person;
- To make improper use of our customer support services or submit false reports of abuse or misconduct;
- To engage in any fraudulent activity, including using stolen credit cards or other payment information, or providing false or misleading information;
- To violate the privacy or intellectual property rights of others.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including but not limited to terminating your access to the Site, reporting you to law enforcement authorities, and seeking civil or criminal remedies.
10. Disclaimers of Warranties
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE, SERVICES, AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PENIXY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,