terms

Terms and Conditions

The purchase of any and all memberships, services, repairs, devices, merchandise, and / or any other items or services offered by Phixey (hereinafter referred to as “PURCHASES”) and the use of this Website is governed by these Terms of Use and your use constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the phixey.com Website.

These Terms of Use May Change


Phixey reserves the right to update or modify these Terms of Use at any time without prior notice. you hereby agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Website.

Use of Website


The phixey.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Phixey’s goods and services and/or to otherwise transact business with or contact Phixey, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified, or otherwise affected, by any third party on behalf of such individual customer. In particular, Phixey expressly prohibits third parties from opting out of Phixey’s services and/or contacts on behalf of a Phixey customer or other person or entity, without both (a) Phixey’s full knowledge as to the surrogate action being taken and (b) Phixey’s express permission. This prohibition is intended to protect the privacy and freedom of Phixey’s customers and the personal relationship Phixey works to develop with its customers and others authorized to use its Website.

Copyright Notice


All of the content you see on this Website, including, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Phixey and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Phixey, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Phixey. The entire Content of the phixey.com Website is copyrighted as a collective work under the U.S. and other applicable copyright laws, and Phixey owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content of the phixey.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our Website. Phixey reserves complete title and full intellectual property rights in any Content you download from this Website. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Phixey.

Intellectual Property Infringement


Your account may be terminated if, at our discretion, should Phixey determine you have infringed upon intellectual property belonging to Phixey.

Submissions


We welcome your comments regarding the phixey.com Website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, “Comments”) sent to phixey.com shall be and remain the exclusive property of Phixey Your submission of any such Comments shall constitute an assignment to Phixey of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Phixey will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.
You promise that:
  • you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
  • your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from the phixey.com Website for any reason.

Colors


We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Product Information


Most products displayed on this Website are available in select Phixey stores. In some cases, merchandise displayed for sale on this Website may not be available at Phixey stores.

Pricing


U.S. Pricing Policy
Our goal is to have clear and understandable pricing for our products. Our product prices are consistent in catalogs, in stores, and online; however, product prices may be displayed differently in our stores. We use these pricing terms in our catalogs and online:
A price in BLACK type with no other designation is our regular price—the everyday value price we offer to our customers. “Reg” refers to our regular price when compared to a sale or clearance price.
"Sale" refers to the price we offer when a product is on temporary markdown online. Sale prices are shown in RED online (ex., Sale $15.95 reg. $19.95). In our catalog, sale prices are shown in RED with a strikethrough of our regular price (ex., $19.95 $15.95).
"Clearance" refers to the price we offer when a product is on permanent markdown for purposes of selling through remaining inventory. Clearance prices are shown in RED online (ex., Clearance $15.95 reg. $19.95). In our catalog, Clearance prices are shown in RED with a strikethrough of our regular price (ex., $19.95 $15.95 Clearance). Clearance prices are valid while supplies last.
"Special" refers to a manufacturer-driven promotional price available for a limited time only. Special prices are shown in RED online and in our catalog and are compared to the MSRP rather than the regular price (ex., online: Special $15.95 sugg. $19.95; catalog: Sugg. $19.95 Special $15.95).
"Set Savings" refers to the everyday value price we offer to our customers on certain items when purchased in a set. “Open Stock” refers to our regular price for set items when purchased individually. Set savings prices are shown in RED online and in our catalog (ex., Set Savings $15.95 open stock $19.95). In our catalog, set savings prices are shown in RED (ex., open stock $19.95 Set $15.95).
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order. Product availability and prices are subject to change. Phixey reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability, or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.

Disclaimer


ANY AND ALL SERVICES AND/OR MERCHANDISE OFFERED BY PHIXEY AND/OR ON THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT PHIXEY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHIXEY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHIXEY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHIXEY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PURCHASE OF A ONE YEAR PHIXEY MEMBERSHIP SHALL ENTITLE THE MEMBER AND SHALL BE LIMITED TO:
THE MEMBERSHIP SHALL BE IN EFFECT FOR ONE YEAR FROM THE DATE OF ACCEPTANCE OF THE MEMBERSHIP BY PHIXEY. MEMBERSHIP SHALL APPLY TO ONLY ONE DEVICE AND ALL BENEFITS ASSOCIATED WITH THE MEMBERSHIP SHALL RELATE TO ONLY ONE DEVICE. THE MEMBER SHALL BE ENTITLED TO ONE FREE REPAIR OF THE DEVICE ASSOCIATED WITH THE MEMBERSHIP DURING THE ONE YEAR MEMBERSHIP TERM, SUBJECT TO A 60 DAY WAITING PERIOD FROM THE DATE THE MEMBERSHIP IS ACCEPTED BY PHIXEY, THE MEMBER ENTERS THEIR IMEI NUMBER IN THEIR BACK OFFICE, AND FURTHER LIMITATIONS SET FORTH BELOW. IN THE EVENT THE DEVICE ASSOCIATED WITH THE MEMBERSHIP REQUIRES REPAIRS DURING THE 60 DAY WAITING PERIOD, THE MEMBER IS ENTITLED TO A 50% DISCOUNT ON THE RETAIL COST OF THE REPAIR. THE RETAIL COST OF THE REPAIR SHALL BE DETERMINED SOLELY BY PHIXEY AT ITS DISCRETION. IN THE EVENT THE DEVICE ASSOCIATED WITH THE MEMBERSHIP REQUIRES REPAIRS SUBSEQUENT TO THE SINGLE FREE REPAIR PROVIDED BY THE MEMBERSHIP, THE MEMBER IS ENTITLED TO A 50% DISCOUNT ON THE RETAIL COST OF THE REPAIR. THE RETAIL COST OF THE REPAIR SHALL BE DETERMINED SOLELY BY PHIXEY AT ITS DISCRETION. THE SINGLE FREE REPAIR AND/OR ANY DISCOUNTED REPAIR WILL BE SUBJECT TO A $1,000.00 RETAIL COST LIMIT. THE COST OF ANY REPAIR IN EXCESS OF THE $1,000.00 RETAIL COST LIMIT SHALL BE BORN SOLELY BY THE MEMBER AND SHALL BE THE SOLE RESPONSIBILITY OF THE MEMBER. AT THE TIME OF THE PURCHASE OF THE INITIAL ONE YEAR MEMBERSHIP FOR A DEVICE, THE MEMBER MAY PURCHASE ADDITIONAL MEMBERSHIPS FOR ADDITIONAL DEVICES AT A DISCOUNTED MEMBERSHIP RATE. IN THE EVENT THE DEVICE ASSOCIATED WITH THE MEMBERSHIP IS DAMAGED TO THE EXTENT THAT IT CANNOT BE REPAIRED, PHIXEY SHALL NOT REPLACE THE DEVICE. PHIXEY, AT ITS SOLE DISCRETION WILL DETERMINE IF A DEVICE CANNOT BE REPAIRED. PHIXEY SHALL NOT REPLACE ANY LOST OR STOLEN DEVICES. PHIXEY RESERVES THE RIGHT TO ACCEPT OR DECLINE MEMBERSHIP TO ANY INDIVIDUAL AND/OR ENTITY.
IF A REPAIR TECHNICIAN IS NOT AVAILABLE FOR MOBILE REPAIR SERVICE THE MEMBER MUST BRING THE DEVICE TO THE CLOSEST AFFILIATE REPAIR CENTER, OR WAIT UNTIL A TECHNICIAN IS AVAILABLE.
To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification


To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Phixey and its Affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’; fees, arising from any PURCHASE or related to your use of the Website, without limitation.

Arbitration Agreement & Waiver of Certain Rights


You and Phixey agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Phixey hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Phixey relating to these Terms of Use or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or Phixey from seeking action by federal, state, or local government agencies. In addition, Phixey retains the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Phixey may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Phixey’s individual Claims.
The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Phixey.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PHIXEY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other Provisions


Any action relating to the use of the Website, any mobile applications, catalogs, or any transaction with Phixey must be brought to the state or federal courts located in Broward County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Customer Service


Phixey offers our customers both text messaging and an 800 number for customer service.

Signing Up and Opting-In to the Service


Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions (the “Terms”).

Message and Data Rates May Apply


Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Phixey may add or remove any wireless carrier from the Service at any time without notice. Customers may opt out of the Service at any time (see details below). Phixey is not responsible for any undue delays or errors in messages. We do our best to be accurate and to process the orders on time.

Questions


Our Website will contain a question and answer (Q & A) section, you can contact us at (877) 626- 5020, or click the chat link at any time for assistance. We can answer any questions about the Service and your order.

Text Messaging Terms & Conditions


In connection with your membership at Phixey, you have agreed to receive text (e.g., SMS and MMS) messages from Phixey, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided and/or any other number that you may later designate. Msg & Data rates may apply. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Phixey, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. By participating in this text messaging service, you are agreeing to these terms and conditions and to the Phixey online Terms of Use and Privacy Policy. By participating in the Phixey text messaging service, you are agreeing to these terms and conditions and to the Phixey online Terms of Use and Privacy Policy.

Cancellation of Membership


A member may cancel the membership and receive a full refund within 3 days of the purchase of the initial membership subject to the following limitations. Upon the member receiving any benefit of any membership at any time, including but not limited to free repairs, discounted repairs, discounted memberships, Phixey wireless service and or discounted merchandise, the memberships may not be canceled and the member shall not receive a refund. In the event a member purchases an initial membership and discounted memberships but receives no other benefits on any of the memberships, the member may cancel his memberships and receive a full refund within 3 days of the purchase of the initial membership, however all the member’s memberships, including the initial and discounted memberships shall be canceled. The member may reapply for membership for any devices at regular membership rates.

Mobile Phone Number Change


In the event that you change or deactivate your mobile phone number, you agree to notify Phixey by visiting your back office.

Changes to Messaging Terms


We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time, and such changes will be effective immediately.