Terms of service

Welcome to NYXIS Fashion! The terms “we”, “us” and “our” refer to NYXIS Fashion. NYXIS Fashion operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). NYXIS Fashion is powered by Shopify, enabling us to deliver these Services to you.

The following Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), outline your rights and obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitation of liability.

By visiting, interacting with or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are of legal age in the state or province in which you reside, and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase or control. To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you are fully authorized to provide such information. You are solely responsible for the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS We have made every effort to display our products and services in our online shops as accurately as possible. However, we note that colours or the appearance of products may vary from what is displayed on your screen due to the device you use to access the shop and its settings and configuration. We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops. All product descriptions may be changed at any time and without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS By placing an order, you submit a purchase offer. NYXIS Fashion reserves the right to accept or reject your order at our sole discretion for any reason. Your order is only accepted upon confirmation by NYXIS Fashion. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before submitting it, as NYXIS Fashion may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will endeavour to notify you using the email address, billing address and/or phone number provided at the time of ordering. Returns or exchanges of your purchases are governed exclusively by our Return Policy [LINK]. You represent and warrant that your purchases are for your personal use or use in your household and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING Prices, discounts and special offers may change without prior notice. The price charged for a product or service is the price valid at the time of ordering and will be stated in the order confirmation you receive by email. Unless otherwise expressly stated, the prices quoted do not include taxes, shipping, handling, customs or import duties. The prices displayed in our online shops may differ from prices in physical stores or in online shops or other stores operated by third parties. We may from time to time offer promotions for the Services that affect pricing and are subject to different terms than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms, the terms of the promotion shall prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary. You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are authorised to use such credit card for the purchase, (iii) the charges incurred by you will be honoured by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we hand over the products to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, text, illustrations, images, graphics, product reviews, video and audio files and their design, selection and arrangement, are the property of NYXIS Fashion, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services. Unless expressly provided herein, nothing in these Terms of Service grants you a licence or any other rights to patents, trademarks, copyrights or other intellectual property of NYXIS Fashion, Shopify or third parties, nor can such rights be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by NYXIS Fashion. The names, logos, product and service names, designs and slogans of NYXIS Fashion are trademarks of NYXIS Fashion or its affiliates or licensors. You may not use these trademarks without the prior written permission of NYXIS Fashion. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS You may have access to third-party tools offered as part of the Services that we neither monitor nor control nor influence. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools. Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms under which the tools are provided by the respective third-party providers. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites that you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk. We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. You should carefully review the policies and procedures of the third-party provider and ensure that you understand them before completing any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP TO SHOPIFY [NOTE FOR MERCHANTS: This section accurately characterises Shopify’s relationship to your shop and should not be removed or altered.] NYXIS Fashion is powered by Shopify, enabling us to provide you with the Services. However, all sales and purchases you make in our shop are made directly with NYXIS Fashion. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and NYXIS Fashion, including breaches, damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages and liabilities arising from or related to your purchases and transactions with NYXIS Fashion.

SECTION 10 – PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies. Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers who may be located in countries other than the country where you reside, in order to provide the Services to you. Our Privacy Policy [LINK] contains further information on how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service. You further represent and warrant that: (i) you own all Feedback content or have all necessary rights thereto; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for your Feedback or (3) respond to your Feedback. We reserve the right, but have no obligation, to monitor, edit or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. You represent that your Feedback does not infringe any third-party rights, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further represent that your Feedback does not contain libellous or otherwise unlawful, offensive or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any other person or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to upload, knowingly receive, upload, download, use or reuse material that does not comply with these Terms of Service; (g) to transmit or cause the transmission of advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other natural or legal person or (i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our sole discretion, may harm or expose NYXIS Fashion, Shopify or users of the Services to liability. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that affects in any way the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track personal data of others; (d) engage in spam, phishing, pharm, pretext, spider, crawl or scrape activities; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any part of these Terms of Service.

SECTION 14 – TERMINATION OF THE AGREEMENT We may terminate this agreement or your access to the Services (or any part thereof) at any time and without notice at our sole discretion. You remain liable for all amounts due up to the date of termination. The following sections survive termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES The information presented in or through the Services is for general information purposes only. We make no warranty as to the accuracy, completeness or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim any liability or responsibility arising from reliance by you or any other visitor to the Services or any other person informed of its contents on these materials. UNLESS EXPRESSLY STATED BY NYXIS Fashion, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, NYXIS Fashion, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS OR THOSE OF SHOPIFY AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR THE PRODUCTS RELATING TO THE SERVICES, OR FOR ANY OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION You agree to indemnify, defend and hold harmless NYXIS Fashion, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to third parties arising from (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party or (3) your access to and use of the Services. We will notify you of any indemnifiable claims, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nevertheless remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected by such determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT You may not assign, transfer or delegate this agreement or your rights or obligations under these Terms of Service without our prior written consent, and any attempt to do so is null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial laws of the country in which NYXIS Fashion has its principal place of business. You and NYXIS Fashion submit to the jurisdiction and venue of the courts of that country.

SECTION 22 – HEADINGS The headings used in this agreement are for convenience only and have no legal effect on these Terms of Service.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE You can view the current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the posting of changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION If you have any questions about these Terms of Service, please contact us at nyxismode@web.de. Our contact details are listed below: NYXIS Fashion GbR – Alexander Schwinger & Bennet Prömel nyxismode@web.de Bruchweg 2, 28309 Bremen +49 173 5430355 Pursuant to § 19 UStG, no VAT is charged.