Last updated June 10, 2020
These Standard Terms and Conditions (these “Terms” or these “Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website, and Nitex’s manufacturing-as-a-service services, software and customer dashboard (collectively referred to hereinbelow as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
Intellectual Property Rights
Other than content and designs which you own, which you may have opted to include on this Website under these Terms, Nitex and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Nitex may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images, designs, patterns, or other material you choose to display or upload on this Website. With respect to Your Content, by displaying it and/or uploading it, you grant Nitex a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it and any resulting manufactured products in any and all media for the purpose of the company’s marketing and promotion.
Your Content must be your own and must not be infringing on any third party’s rights. Nitex reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Duration of “Fashion Quality” Guarantee
By using Website and the services provided therein, you, the customer, agree to release Nitex from any and all product quality liability thirty (30) calendar days after the receipt of your order. In order to be processed, any claims regarding your product must be made to your customer representative before this period has passed. Furthermore, you agree that all decisions made by Nitex’s team regarding our responsibility in matters of quality or differences between mock-ups and final products are final and indisputable. Please read our “Fashion Quality Guarantee” for further details.
By using Website and the services provided therein, you, the customer, agree to release Nitex from any and all financial liability in the form of a refund seven (7) calendar days after the shipment of your order and receipt of its tracking number. In order to be processed, any claims requesting a refund must be made to your customer representative before this period has passed. Furthermore, you agree that all decisions made by Nitex’s team regarding our responsibility in matters of quality or differences between mock-ups and final products are final and indisputable.
Nitex may offer a refund depending on your order’s current status.
Due to their personal and safety-related nature, all PPE-related product sales are final and non-refundable once shipped.
During the Designer Mockup Phase:
If you are unsatisfied at any time during the designer mockup process and would like to cancel your order, Nitex will issue a full refund within 3-7 calendar days of receiving your request.
During the Sample Phase:
If your order involves, by either request or default, the manufacture of a single physical prototype for your approval by either physical review or photographic review via email, we will produce this sample directly after your approval of the designer mock-up. Should you decide to cancel your order once this physical prototype has been made, a non-refundable amount of one hundred USD ($100) or 20% of your total order value (whichever is lower) will be deducted from your resulting refund amount as compensation for any material, mold, or production costs incurred.
During Full Production:
Your order enters into full production immediately after you have approved your photo or physical sample (if your order has a sample phase) or immediately after you have approved your designer mockup (if your order does not have a sample phase). At this stage, all the materials required for your order have already been purchased and your product is being manufactured in its entirety. As such, should you decide to cancel your order during this period, a non-refundable amount of 60% of your total order value will be deducted from your resulting refund as compensation for all material fees, mold fees, and production costs incurred by Nitex.
After Your Order Ships:
Since all products offered by Nitex are completely custom manufactured specifically for your order (and therefore not re-usable by other customers, refunds are not provided after your order has shipped and you have received its tracking number. However, under special circumstances (as determined by Nitex), partial refunds (less any manufacturing and shipping costs) may be issued. If you feel that your order falls into this category, please submit a claim to our customer service team within seven (7) calendar days of your order being shipped and your receipt of its tracking number. Please note that all claims submitted more than seven (7) calendar days after this date are invalid and ineligible for consideration as per our Terms & Conditions.
This Website is provided “as is”, with all faults, and Nitex makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Limitation of Liability
In no event shall Nitex, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Nitex, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Nitex from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Nitex is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
Nitex shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Nitex and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
Nitex is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, we assure you that it will only be used in accordance with this privacy statement.
Nitex may change this policy from time to time by updating this page. Please check this page frequently to ensure that you are happy with any changes. This policy is effective from May 24, 2018.
We may collect the following information:
- name and job title
- personal Information, including company name, phone number, and email address
- billing and shipping information, including phone numbers
- demographic information such as a postal code, preferences and interests other information relevant to customer surveys and/or offers
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- internal record keeping
- providing you with information updates and asking questions about your order, delivery, designs, mockups, samples, etc. which are directly related to your purchase(s)
- improving our products and services.
- periodically sending promotional emails about new products, special offers or other information which we think you may find interesting.
From time to time, we may also use your information to contact you for internal market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We believe your Personal Information is private, and we do not share customer information as a general policy. We will not share, rent, lease, trade or otherwise sell your Personal Information for the benefit of other third-party companies without your explicit consent.
We may share and disclose your Personal Information to the following types of third parties for these specific purposes:
- Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.
- Our Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose.
- Law Enforcement: a competent and recognized body, regulatory body, government agency, court or other third-party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.
- A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.
Legal Basis for Processing Personal Information(EEA Persons Only)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Website; and for our marketing activities.
If you are a customer, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.
Where required by law, we will collect Personal Information only where we have your consent to do so.
Your Choices and Opt-Outs
Customers and visitors who have opted into our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.
Please note that some communications (such as service messages, account notifications, billing and order information) are considered transactional and necessary for account management and successful delivery of your products and services, and you cannot opt out of these messages unless you cancel your account.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure thereof, we have implemented adequate physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Retention of Data
We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:
- Whether we have a legal or contractual need to retain the data.
- Whether the data is necessary to provide our services.
- Whether you have the ability to access and delete your data within you’re Nitex account(s).
- Whether you would reasonably expect that we would retain the data until you remove it, or your accounts are closed or terminated.
- When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
A cookie is a small file which requires your permission to be placed on your computer’s hard drive. Once you allow our sites’ cookies, the file is saved and helps analyze web traffic or lets us know when you visit a particular page. Cookies allow web applications to respond to you as an individual and tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our websites. We use this information only for statistical analysis purposes, and then the data is removed from the system.
By enabling us to see which pages you find useful, cookies help us provide you with a better website. A cookie in no way gives us access to your computer or any information about you, other than the data you actively choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website’s abilities.
Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we no longer have control over your browsing experience. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites; such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling Your Personal Information
You may choose to restrict the collection or use of your Personal Information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your Personal Information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
- We will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law to do so. We may use your Personal Information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
(i) We operate in the United States
Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. We also maintain operations and offices in the Philippines and China and we may transfer or process your personal information, specifically as it relates to orders, to our employees in these countries. Personal information is not shared or supplied to third-parties except where necessary to deliver or ship your custom order. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy.
(ii) Data transfers from the EU to the United States
We are committed to subjecting all Personal Information received from the European Union (EU) member countries and Switzerland. With respect to Personal Information received or transferred, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you believe that any information we have regarding your account with us incorrect or incomplete, or object to any of the terms herein, or have questions about the use of your Personal Information, or wish to close your account, please email us at firstname.lastname@example.org. We will promptly correct any information found to be incorrect and answer any additional questions you might have.