Terms & Conditions | MYT WORKS

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

These terms govern the sale of goods between MYT WORKS Inc. (“MYT WORKS”) and you the Customer (“Customer”) and the respective parties are noted as such herein. By using this site or placing an order with MYT WORKS, the customer accepts the terms and conditions set forth herein.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MYT Works Inc. The collective work includes works that are licensed to MYT Works Inc. Copyright 2010, MYT Works ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MYT Works or purchasing MYT Works products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MYT Works or to purchase MYT Works products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MYT Works. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of MYT Works used in the site are trademarks or registered trademarks of MYT Works, Inc.

Prices

All published prices and availability of products are subject to change without notice. Written quotations shall expire ten (10) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only. Unless otherwise specifically stated, prices are in U.S. dollars. Errors will be corrected where discovered, and MYT Works, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and the Customer’s credit card charged. If the customer credit card has already been charged for the purchase and the customer order is cancelled prior to delivery, MYT Works, Inc. will issue a credit to the customer’s credit card account in the amount of the charge, or issue credit in the form of store credit in the amount of the charge. Individual bank policies will dictate when this amount is credited to the customer’s account. This applies to purchases over the phone or via mail; or via our online shopping cart system.

Delivery and Acceptance

Customer shall be the importer of record for all purchased products, if applicable. Licensing requirements for importation to non-U.S. countries is the sole obligation of the Customer. In the absence of specific shipping instructions from the Customer, MYT WORKS will ship by the method it deems, in its sole discretion, most advantageous. Customer will be responsible for all shipping and handling charges and such charges will be collected prior to shipment.


Customer is obligated to obtain insurance against damage to the product being shipped. Unless otherwise specified, products will be shipped in standard commercial packaging. When special packaging or export instructions are requested by the Customer, any additional costs will be the responsibility of the Customer. MYT WORKS reserves the right to reject certain shipping or packing methods.

MYT WORKS shall use reasonable efforts to notify Customer of any anticipated delays in delivery. MYT WORKS will not be liable for any loss, damages or penalty resulting from delay in delivery.
Customer has the right to reject product within seven (7) days of receipt. Product not rejected during this seven-day period shall be deemed accepted, and all returns shall be handled in accordance with the MYT Works “Return Policy” stated herein. Product cannot be rejected by Customer based on criteria that were unknown to MYT WORKS or based on test procedures that MYT WORKS does not conduct.

MYT Works, Inc. Standard Warranty

All MYT Works, Inc. products are covered under a one (1) year Standard Warranty subject to the conditions and limitations set forth below. The Standard Warranty is granted to the original purchaser only. Upon the expiration of the time periods identified below, all liabilities of MYT WORKS will terminate. The Standard Warranty covers parts and labor charges for products that have been returned to an Authorized Service Center with a Return Merchandise Authorization Number (RMA#). Any Customer seeking repair service must obtain an RMA# prior to shipping any materials to an Authorized Service Center.

A Standard Warranty effective date is the date of “ex works” shipment from MYT WORKS or when the Customer picks up product at designated MYT WORKS shipping facility. MYT Works will, at its option, either repair or replace any part of its products that prove defective by reason of improper workmanship or materials. Repaired parts or replacement products will be provided by MYT Works, Inc. on an exchange basis, and will be either new or refurbished to be functionally equivalent to new parts. Customer is responsible for all shipping costs including any international duties/taxes/fees.

This warranty covers only repair, replacement or refund for defective MYT Works, Inc. products, as provided above. This warranty excludes 3rd party equipment, and or equipment attached to MYT Works products. In the event of a claim, MYT Works sole obligation shall be repair/replacement of the product. In no event will MYT Works be responsible for incidental, consequential, or special loss of property, however caused. As well, in no event will MYT Works have any personal liability whatsoever.

MYT WORKS does not warrant products under any of the following conditions:

  • Damage to this product that results from improper assembly, installation, accident, abuse, misuse, negligence, natural disaster, insufficient or excessive electrical supply (if applies), abnormal mechanical or environmental conditions, dust, or any unauthorized disassembly, repair, or modification or use with third party accessories;
  • Damage to this product that results from improper handling or storage. This includes, but is not limited to: water damage and mold resulting from improper storage.
  • Product that has been handled or packaged incorrectly, has been sold as second-hand or has been resold contrary to the US export regulations.
  • Customer caused or permitted the modification or reverse engineering of file formats, software or electronics used with MYT WORKS products.
  • Customer used non-MYT WORKS approved tools, products, or software with MYT WORKS products.
  • Customer caused or permitted alterations, modifications or repairs made to MYT Works products by Customer or unauthorized third parties


EXCEPT AS SPECIFICALLY SET FORTH ABOVE, MYT WORKS AND ITS LICENSORS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATION OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE MYT WORKS PRODUCT OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. MYT WORKS AND ITS LICENSORS DOES NOT WARRANT THE PERFORMANCE OR RESULT OF THE MYT WORKS PRODUCT.

Third Parties

MYT WORKS does not honor warranty agreements extended by third parties. Only warranty agreements granted by MYT WORKS will be honored by MYT WORKS.

Return Policy

No returns will be accepted without a returned merchandise authorization number (RMA#). Customers can call or email MYT Works to obtain an RMA#; or customers can complete the RMA# request form at MYTWorks.com. Customers must request a Return Merchandise Authorization (“RMA”) within seven (7) days of original delivery by MYT Works at the shipping address specified by the customer. All returns must be packaged carefully as when received and returned in the original box. The returned item(s) should be insured by the customer for the purchase value of the contents, in the case of shipping damage or loss. All shipping cost associated with the return is the responsibility of the customer. All items must be returned in an “as new,” re-sellable condition to receive a full purchase price refund.  The customer has ten (10) days from the date the RMA# is issued to deliver the product to MYT Works. All product not delivered ten (10) days after the RMA# is issued will be considered by MYT Works to be ineligible for return; and MYT Works will return the product to the customer, and the customer will assume all shipping costs.

Returns are not accepted for special order items or rush orders.

Refunds and Restocking Fees

MYT Works will apply a 30% re-stocking fee for all returned product. A refund less the restocking fee will be provided within thirty (30) days of evaluation of and acceptance of authorized returned goods at MYT Works. All items must be returned in an “as new,” re-sellable condition to receive a refund.  Upon evaluation, if an item is not considered eligible as a return, MYT Works will return the product to the customer, and the customer will assume all shipping costs.

Repairs

No repairs will be accepted without a returned merchandise authorization number (RMA#). Customer can call or email MYT Works to obtain an RMA#; or complete the RMA# request form at MYTWorks.com. All repairs must be packaged carefully as when received and returned in the original box if possible. The item(s) to be repaired should be insured by the Customer for the purchase value of the contents. All shipping cost associated with the repair is the sole responsibility of the Customer.

For Returned Merchandise Authorization (“RMA”) repair services outside of the 1-year warranty period, labor and parts cost will be charged to the Customer. A minimum $150 repair fee will be charged to the Customer, covering two hours of labor. Any labor required beyond two hours will be billed at $75 per hour. Replacement components may also be charged for, at the sole discretion of MYT WORKS.

Export and Re-Export Restrictions and Regulations

Customer agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Customer’s use of MYT WORKS products and services. Customer agrees to not violate any local, state, federal or foreign laws. Customer agrees not to transfer or authorize the transfer of any materials to a prohibited country in violation of any laws. In particular, but without limitation, the materials may not, in violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries 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 U.S. Department of Commerce Entity List of proliferation concern, or the U.S. State Department Debarred Parties List. By using any materials subject to any such restrictions and regulations, Customer represents and warrants that Customer is not located in, under the control of, or a national or resident of any such country or on any such list.

Shipping Cost Calculations

While every effort is made to ensure an accurate shipping calculation is provided during checkout, MYT Works reserves the right to request additional payment, if the actual shipping cost is higher than is calculated. In the case an additional payment is required, MYT Works will make reasonable attempts to reach the customer via e-mail or telephone, before the order is cancelled.

Shipping Service

MYT Works reserves the right to substitute a comparable shipping service, to what is selected during checkout, in order to meet requested delivery times. All orders will ship using the MYT Works shipping account; we do not allow 3rd party shipping.

Limitation of Liability

MYT Works, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MYT Works, has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a MYT Works product is mistakenly listed at an incorrect price, MYT Works reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MYT Works reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MYT Works shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MYT Works without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

MYT Works may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MYT Works.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MYT Works or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

MYT Works, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MYT Works is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MYT Works, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MYT Works in its sole discretion.

Indemnification

Customer shall indemnify, defend, and hold MYT WORKS and MYT WORKS’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused Customer’s misuse of the product or by the negligent or willful acts or omissions by the Customer, or (ii) based on any breach of this agreement by Customer.

Third-Party Links

In an attempt to provide increased value to our visitors, MYT Works may link to sites operated by third parties. However, even if the third party is affiliated with MYT Works, MYT Works has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MYT Works. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MYT Works Crane seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Billing Address different than Shipping Address

We must receive verification of the billing address in the form of a photo ID showing the credit card billing address before the order can be shipped.  If your photo ID does NOT have your billing address on it, further verification may be required. Verification can be sent to info@mytworks.com. We are sorry for any inconvenience.

International Orders

International orders over $500 require a copy of a Photo ID to verify the address details before we can process the order. Verification can be sent to info@mytworks.com. We are sorry for any inconvenience.

Duties / Fees / Taxes

Shipping charges do not include any applicable import duties, fees, taxes and brokerage fees. These are the sole responsibility of the Customer

Payments

All orders are payable only in U.S. dollars (USD).

Credit cards VISA, MASTERCARD, or DISCOVER will be automatically charged at the time of purchase/checkout. We will not hold credit card information for later purchases/payments, however your information (except credit card CVV code) will be stored (if selected) within your account for ease of future purchases. No more than three separate credit cards may be used per payment.

PayPal payments will be automatically charged at the time of purchase/checkout. If any error is made while paying with PayPal and the payment does not go through, we will attempt to contact you and let you know that an error was made.

Please contact MYT WORKS for ‘Remit To’ information when transferring bank-to-bank payments. Wire transfers must be sent to the address/information shown on the page after checkout. If you have any questions regarding this process, please email info@MYTWorks.com

All orders must be paid in full prior to shipment. MYT WORKS has the right to refuse any order, even after accepting payment or partial payment for such order. MYT WORKS will credit/refund any such payment made by the Customer if MYT WORKS rejects the order.

Non-waiver

Failure of MYT WORKS to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.

Law Governing and Exclusive Jurisdiction

This Agreement is to be interpreted in accordance with the laws of the State of New York, United States of America. The sale of any MYT WORKS product to Customer is coincided to have taken place in New York, New York and shall be governed by this Agreement. This Agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Exclusive jurisdiction for any dispute arising from the terms and conditions of this Agreement shall be New York, New York and both Customer and MYT WORKS waive all rights to have a dispute brought elsewhere.

Severability

If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.

Complete Agreement

The terms and conditions set forth herein comprise the entire agreement between MYT WORKS and the Customer.

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