Toxic NYC (hereinafter also referred to as “Company”, “Toxic”, “we”, “our” or “us”) operates www.toxicnyc.com (“Website”) and offers a wide range of luxury clothes, accessories and other related products or service (collectively “Services”). Our Privacy Policy (“Policy”) governs your visit to our Website and explains how we collect, safeguard and disclose information that results from your use of our Service.

We take your privacy very seriously. In this Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Policy that you do not agree with, please discontinue the use of our Services immediately. 

We use your data to provide and improve Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Policy, the terms used in this Policy have the same meanings as in our Terms and Conditions. Our Terms and Conditions govern all use of our Service and together with the Policy constitute your agreement with us. 

If this Policy is modified in any way, it will be updated here. Regularly checking and reviewing this page ensures that you are updated on the information which may be collected, used and shared with other parties. If we believe that the modifications are material, we will notify you of the changes by posting a notice on the Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion. In this Policy “you”, “your”, “user” and “users” refers to the users of the Website.

WHAT

INFORMATION DO

WE COLLECT?

We may collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services or otherwise when you contact us.

The personal information that we may collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; billing addresses; and other similar information. 

Information about your sales. History of items put on sale; sold; revenue generated through the website or any other information related to the sales.

Information relating to the transportation of products. Delivery option; Address of the shipping point and the delivery point of the package; Tracking number of the package; Confirmation of the delivery of the package; Date and time of delivery of the package; Location of the package; Other delivery information required by a chosen transportation service provider; In the event of a dispute with the carrier.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, google or other social media account. If you choose to register in this way, we will collect the information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS” below.

Information

automatically

collected

When you access our websites, we, our service providers and our partners may automatically collect information about you, your computer or mobile device, and your activity on our websites. Typically, this information includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on or in our websites, such as pages or screens you accessed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access.

Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected via various mechanisms, such as via cookies, web beacons, embedded scripts, and similar technologies. This type of information may also be collected when you read our HTML-enabled emails.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity on the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet or other devices you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, and operating system configuration information.
• Location Data. We collect information data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

HOW DO WE

HANDLE YOUR

SOCIAL LOGINS?

Our Website offers you the ability to register and log in using your third-party social media account details (like your Facebook or Google logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platforms.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps. 

HOW DO WE USE

YOUR

INFORMATION?

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive:

• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• To provide our services to you. We may use your personal information to provide our services to you. 
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments etc. made through the Website.
• To deliver and facilitate the delivery of services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• To send you marketing and promotional communications. We and/or our third-party partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.

WILL YOUR

INFORMATION BE

SHARED WITH

ANYONE?

We may process or share the data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract. 
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, a court order, or legal processes, such as in response to a court order or a subpoena.
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. 

More specifically, we may need to process your data or share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Vendors, Delivery agents and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, and Delivery agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. 
• Third-Party Advertisers: We may use third-party advertising companies to serve ads when you visit or use the Website. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. For Example Google Analytics.
• Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
• Other Users. When you share personal information (for example, by posting your reviews/ratings) on the website, such personal information may be viewed by all users and may be publicly made available outside the Website in perpetuity.

DO WE USE

COOKIES AND

OTHER TRACKING

TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

For more information please refer to our Cookie Policy.

WHAT IS OUR

STANCE ON THIRD

-PARTY WEBSITES?

The Website may contain third parties links which may link to other websites like Instagram, Facebook etc. We cannot guarantee the safety and privacy of the data you provide to any third parties. Any data collected by third parties is not covered by this Policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Website. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

WE HEREBY DISCLAIM LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITES LINKED TO THIS WEBSITE. BY CREATING A LINK TO A THIRD-PARTY WEBSITE, WE DO NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED ON THAT WEBSITE, NOR ARE WE LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF OURS AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THIS SITE.

HOW LONG DO WE

KEEP YOUR

INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy unless a longer retention period is required or permitted by law. No purpose in this Policy will require us to keep your personal information for longer than the period of time in which users have consented with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible, then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP

YOUR

INFORMATION

SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

YOUR DATA

PROTECTION

RIGHTS UNDER THE

CALIFORNIA

PRIVACY

PROTECTION

ACT (CalOPPA)

According to CalOPPA, we agree to the following:

1. our Privacy Policy link includes the word “Privacy”, and can easily be found on the home page of our website;
2. users will be notified of any privacy policy changes on our Privacy Policy Page;
3. users are able to change their personal information by emailing us at the contact details mentioned in the “Contact Us” clause.

Our Policy on “Do Not Track” Signals:

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

YOUR DATA

PROTECTION

RIGHTS UNDER

CALIFORNIA

CONSUMER

PRIVACY ACT

(CCPA)/

CALIFORNIA

PRIVACY

RIGHTS ACT

(CPRA)

“Shine the Light” and “Eraser” Laws: Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.

California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA): The CCPA, as amended by the CPRA, provides California residents and/or their authorized agents with specific rights regarding the collection and storage of their personal information.

Your Right to Know: California residents have the right to request that we disclose the following information to you about our collection and use of your personal information over the past twelve (12) months. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Upon verification, we will disclose to you:

• The categories of personal information we have collected about you.
• The categories of sources for the personal information we have collected about you.
• The specific pieces of personal information we have collected about you.
• Our business or commercial purpose is to collect or sell your personal information.
• The categories of third parties to whom we have sold or shared your personal information if any, and the categories of personal information that we have shared with each third-party recipient.

Your Right to Opt-Out of Sale or Sharing of Personal Information: California residents have the right to opt-out of the sale of their personal information by submitting a request as directed on the homepage of our website or by contacting us using the information in the “Contact Us” section below. Please note that we do not knowingly sell the personal information of any individuals under the age of 18.

Where we are sharing your personal information with third parties for the purposes of cross-context behavioural advertising or profiling, you may opt-out of such sharing at any time by submitting a request as directed on the homepage of our Website or by contacting us using the information in the “Contact Us” section below.

Your Right to Limit Use of Sensitive Personal Information: California residents have the right to request that we limit our use of any sensitive personal information to those uses which are necessary to perform the Services or for other specifically-enumerated business purposes under the CCPA, as amended by the CPRA.

Your Right to Delete: California residents have the right to request that we delete any of the personal information collected from you and retained by us, subject to certain exceptions. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Once your request is verified and we have determined that we are required to delete the requested personal information in accordance with the CCPA, we will delete, and direct our third-party service providers to delete, your personal information from their records. Your request to delete personal information that we have collected may be denied if we conclude it is necessary for us to retain such personal information under one or more of the exceptions listed in the CCPA.

Your Right to Correct: Under the CCPA, as amended by the CPRA, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.

Non-Discrimination: You will not receive any discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.

Verifying Your Request: Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. In the case of access and deletion, your request must be verifiable before we can fulfil such a request. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf. We will only use the personal information that you have provided in a verifiable request in order to verify your request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority. Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded. To exercise these rights, please contact us at the contact information mentioned in the  “Contact Us” clause.

YOUR DATA

PROTECTION

RIGHTS UNDER THE

LAWS OF OTHER

STATES IN

THE USA.

• Nevada 

1. 1. 1. If you are a resident of Nevada, you have some additional rights: 
         1. We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes.

• Virginia

1. 1. 1. If you are a resident of Virginia, you have some additional rights: 
         1. If we deny your rights request, you have the right to appeal that decision. We will provide you with the necessary information to submit an appeal at that time. 
         2. You have the right to opt out of targeted advertising. 
         3. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

• Colorado

1. 1. 1. If you are a resident of Colorado, you have some additional rights: 
         1. If we deny your rights request, you have the right to appeal that decision. We will provide you with the necessary information to submit an appeal at that time. 
         2. You have the right to opt out of targeted advertising. 
         3. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

• Connecticut

1. 1. If you are a resident of Connecticut, you have some additional rights: 
      1. If we deny your rights request, you have the right to appeal that decision. We will provide you with the necessary information to submit an appeal at that time. 
      2. You have the right to opt out of targeted advertising. 
      3. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.

HOW DO WE

PROTECT

CHILDREN’S

PRIVACY?

In compliance with the Children Online Privacy Protection Act (“COPPA”), We do not knowingly collect personally identifiable information from children under thirteen (13) years of age without their parent’s and legal guardian’s consent. If you become aware that a child has provided us with Personal Data without the parent’s and legal guardian’s consent, please contact us. If we become aware that we have collected Personal Data from children, we take steps to remove that information from our servers.

WHAT THIRD-

PARTY PAYMENT

PROCESSORS DO

YOU USE?

We provide paid products and/or services within the Service. In that case, we use third-party services for payment processing like apple pay etc.

We don’t store or collect your payment details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

We take the security of our users’ payment information very seriously and are committed to protecting it. By using trusted third-party payment processors that adhere to the PCI-DSS requirements, we can provide a secure and reliable payment experience for our users.

DO WE MAKE

UPDATES TO THIS

NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Last updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

CONTACT US

After reviewing this policy, if you have any additional questions, concerning this Privacy Policy, please contact us by using our email or the “contact us” form on the Website. 

Email: support@toxicnyc.c1039.privatecloudapp.io 

Link for Contact Us page: https://toxicnyc.com/content-form/ 

Last Updated: October 26, 2023

Effective Date: October 26, 2023

Toxic NYC (hereinafter also referred to as “Company”, “Toxic”, “we”, “our” or “us”) operates www.toxicnyc.com (“Website”) and offers a wide range of luxury clothes, accessories and other related products or service (collectively “Services”).

These Terms and Conditions (“Terms”) govern the Products and use of the Services provided by the Company. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.

If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

AGREEMENT TO

TERMS

By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is otherwise inappropriate.

The terms ‘customers’, ‘visitor(s)’, ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

ACCEPTANCE OF

OTHER TERMS AND

POLICY

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time to time (“Policies”). These Terms apply to all users:

• Privacy Policy
• Cookies Policy
• Refund Policy
• Shipping Policy

ELIGIBILITY

CONDITIONS

In order to use the Website, you need to be 18 (eighteen) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable federal and state laws. The Company shall not be liable in case of any false information is provided by the user including the user’s age and the user and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable federal and state laws.

The Company disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of your use of the Website if you are a minor.

REGISTRATION,

ACCOUNTS, AND

PASSWORDS

A user is required to create an account by using an email and password and providing the necessary details about the user in order to be eligible to use our Services. User(s) are responsible for the personal protection and security of any password or email you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your email or password.

You are obligated to immediately report a lost or stolen password or email to us. If you believe someone has used your password or account without your authorization, you must notify us immediately. 

We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.

EMAIL

COMMUNICATION 

By purchasing on the Website or otherwise creating an account on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. 

Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates. 

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

ACCURACY OF

BILLING AND

ACCOUNT

INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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 needed.

PRODUCT

INFORMATION AND

PRICING

We strive to provide accurate and up-to-date information about our products on our Website. However, we do not guarantee the accuracy, completeness, or reliability of the product information, including but not limited to product descriptions, prices, images, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

All prices shown on our website are in and exclude applicable taxes, shipping, and handling fees unless otherwise specified. The prices are subject to change without notice, and we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed.

The images of the products on our website are for illustrative purposes only and may not represent the actual product. We cannot guarantee that the colours, sizes, or other product features shown on our website will be accurate, and we are not liable for any discrepancies between the product information on our website and the actual product received by the customer.

We encourage you to carefully review the product information, including but not limited to the product descriptions, prices, and images, before making a purchase. If you have any questions or concerns about a product, please contact our customer service team for assistance.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Special prices may be limited to certain merchandise and quantities in stock. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

OFFERS AND

DISCOUNT

The usage of any discount codes requires the code to be entered at the time of checkout to be valid. It is the responsibility of the customer to ensure that the discount has been applied before finalizing the order. Please note that discount codes cannot be used simultaneously with other discount codes or offers. In the event that multiple discounts have been applied, we reserve the right to refuse service. 

PAYMENT

METHOD

The Payments for the Products available on the Website may be made in the following ways:

Payments can be made by Credit Cards, Debit Cards, Apple Pay, Google Pay etc.

TAXES

As a customer, you are responsible for any applicable sales taxes associated with your purchase. The specific sales tax rate and regulations vary depending on your location, and you should review your local tax laws to determine your tax obligations. In certain situations, we may be required to collect and remit sales tax on your behalf. This collection may depend on various factors, including your location, the location of the sale, and changes in tax laws. You authorize us to collect and remit sales tax on your behalf, where applicable, and you agree to provide accurate and up-to-date information to ensure compliance with tax regulations.

TRACKING

FACILITY

Upon the dispatch of the Product, our company is committed to providing you with a seamless tracking facility to keep you informed about the status and location of your shipment. We understand the importance of transparency and ensuring that your order reaches you in a timely manner.

The tracking system will provide you with regular updates on the progress of your shipment. This will include information on when the Product was dispatched, its transit points, expected delivery date, and confirmation upon successful delivery. This will help you stay informed and anticipate the arrival of your order.

USE OF THE

PLATFORM AND

THE SERVICES

You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Conditions.

You hereby agree not to use the Platform and the Services:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Additionally, you agree not to:

1. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
2. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Platform is stored, or any server, computer, or database connected to Service.
3. Take any action that may damage or falsify the Platform’s reputation.
4. In any way decompile, reverse engineer, or disassemble any material or content on the Website.
5. Otherwise, attempt to interfere with the proper working of the Platform and the Service.

The Company is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

PRIVACY AND

USAGE OF COOKIES

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of the Privacy policy.

Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt out anytime by unsubscribing.

Refer to our Privacy Policy and Cookie Policy.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold the Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.

NO WARRANTY

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). 

No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.

We disclaim any and all liability or responsibility in relation to the Website Content made available through the Services. We are not responsible or liable in any manner for the third-party content and services associated with or utilised in connection with the Services, including the failure of such third-party content and services, including but not limited to the content and/or services of our Business Partners.

We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and the Business Partners with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and enhancements of the Website.

SEVERABILITY

The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.” 

FORCE MAJEURE

No one shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including without limitation acts of God or delays of common carriers or other circumstances beyond its reasonable control.

ENTIRE

AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. 

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW

AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Israel and the courts of Jerusalem, Israel shall have exclusive jurisdiction over any dispute arising under this Agreement.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

LEGAL DISPUTES

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to the Company’s email ID in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of Israel. The Place for alternative dispute resolution is in Jerusalem, Israel.

REMOVAL OF

DOUBTS

Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

WAIVER

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

AMENDMENTS

Notwithstanding anything contained hereinbefore, The Company may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time.

Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.

CONTACT US

After reviewing this Agreement, if you have any additional questions, concerning these Terms, please contact us by using our email or the “contact us” form on the Website. 

Email: support@toxicnyc.c1039.privatecloudapp.io 

Link for Contact Us page: https://toxicnyc.com/content-form/ 

Last Updated: October 26, 2023

Effective Date: October 26, 2023

This Cookie Policy explains what cookies are and how we use them. You should read this policy so you can understand what type of cookies we use, the information we collect using cookies and how that information is used. For more details about your personal information, please refer to our Privacy policy.

This Policy also tells you what your rights are in relation to the personal data you give to us. If you have any questions about this Cookie Policy please contact us by using our email or our “contact us” form on the Website.

Email: support@toxicnyc.c1039.privatecloudapp.io 

Link for Contact Us page: https://toxicnyc.com/content-form/ 

WHAT ARE

COOKIES?

Cookies are small text files sent by a web server to your browser when you access the Website. Cookies are classified into two major categories: session cookies and persistent cookies. Session cookies are temporarily stored on your device while you are visiting a given Website. They are deleted once you leave the Website. Persistent cookies, on the other hand, remain on your device for a more extended period of time specified in the cookie file, after you leave the Website. This type of cookie remains available for retrieval by the web server when you return to visit the website.

Cookies are further classified into “first-party cookies” and “third-party cookies”. First-party cookies are those sent to your browser by the server of the Website you are visiting. Third-party cookies are those sent to your browser by servers other than the Website you are visiting (e.g., the server of an advertising network to which the Website you are visiting is subscribed).

TYPES OF COOKIES

WE ARE USING

When Users visit our platform to use our services, we place the following cookies for them. 

TYPES OF COOKIES

We may use other cookies that operate on our website which include but are not limited to these categories.

1. Strictly Necessary Cookies – These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you that amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. 
2. Performance cookies – These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site. 
3. Advertising Cookies – These cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Site and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you. 
4. Analytics Cookies – These cookies monitor how users reach the Site, and how they interact with and move around once on the Site. These cookies let us know what features on the Site are working the best and what features on the Site can be improved.
5. Third-Party Cookies – These cookies may be placed on your computer when you visit the Site by companies that run certain services we offer. These cookies allow third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.  

HOW DO WE USE

COOKIES?

We may use cookies to enhance your browsing experience by;

1. Improving the quality of our service, better understanding of how people interact with us, and for survey control and fraud prevention purposes;
2. Giving you a browsing experience that is unique to you and serving you content which we believe improves your experience on our Website;
3. Remember your actions and preferences on the Website over a period of time, so you don’t have to keep re-entering them whenever you come back to the Website; 
4. Analysing how you use our Website helps us to troubleshoot any problems and to monitor our own performance.

HOW CAN I

CONTROL OR

DELETE COOKIES?

There are many ways to manage your cookies:

1. You can refuse your consent (Opt-Out);
2. You can disable third-party cookies by using your browser settings; or
3. You can use our cookie management tool to disable third-party cookies.

Control via your

browser settings

Most internet browsers are initially set up to automatically accept cookies. If you do not want our Website to store cookies on your device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies from third parties. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.

If you disable the cookies that we use, this may impact your experience on the Website, for example, you may not be able to visit certain areas of a Website or you may not receive personalized information when you visit a Website.

If you use different devices to view and access the Website (e.g., your computer, smartphone, or tablet) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.

The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.

• INTERNET EXPLORER
• MOZILLA FIREFOX
• GOOGLE CHROME
• SAFARI
• OPERA

In addition, most browsers offer a so-called “Do-not-track function”, with which you can state that you do not wish to be “tracked” by the Website. If this function is activated, the respective browser informs advertising networks, websites and applications that you do not want to be tracked for behavioural advertising or similar. To enable the “do not track” option in your browser follow the respective link below:

• FIREFOX
• INTERNET EXPLORER
• MICROSOFT EDGE
• GOOGLE CHROME
• SAFARI
• OPERA

Other cookie management tools

In addition, you may opt out of some third-party cookies through the Network Advertising Initiative’s Opt-Out Tool. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page.

OTHER TRACKING

TECHNOLOGIES

In addition to cookies, we may use pixel tags, and other tracking technologies on the Site to help customize the Site and improve your experience. A “pixel tag” is a tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.

CHANGES TO THE

COOKIE POLICY

We may update this policy from time to time. If we make significant changes, we will let you know through email/ notifications, but please check this policy regularly to ensure you are aware of the most updated version.

Effective Date: October 26, 2023.

Last Updated: October 26, 2023.

Shipping charges may vary for each product, and the specific shipping charges will be provided at the time of checkout. It typically takes 2–5 business days to process the order. Any orders placed on a U.S. holiday start processing the next business day. Please note these shipping times are estimates, not guarantees.

Regardless of the effort we put in to meet all delivery deadlines, we do not warrant the delays may not happen because of postal/carrier delays, logistics, or bad weather. However, we will keep you updated as much as we can, and you should be able to track your parcel’s progress.
We require a physical address for all orders. We are not responsible for any delays caused by incorrect or incomplete shipping information provided by the customer.

A correct shipping address is crucial for the successful delivery of your order. In the event that you provide an incorrect or incomplete address when placing your order. If your order has already been shipped to the incorrect address provided by you and cannot be rerouted, and as a result, the delivery is unsuccessful, we are not liable for the non-delivery. In such cases, your order will not be eligible for a refund, and any replacement or reshipment of the order will be at your expense.

LOST, DAMAGED SEIZED OR STOLEN PACKAGES

We carefully inspect and secure all our shipments, but we acknowledge that damage during transport can occur. You hereby agree and acknowledge that the Company cannot be held responsible for any incidents such as loss, damage, seizure, or theft of packages.
After we deliver the product to the carrier, the risk of loss, damage, and title is transferred to you. In cases where the carrier’s tracking confirms product delivery, it is your responsibility to process any claims with the carrier for lost shipments. Please be aware that under such circumstances, we will not provide refunds or send replacement products. For packages lost in transit, all claims must be submitted no more than 15 days after the estimated delivery date. All such claims are subject to our investigation and sole discretion.
There may be cases where the delivery was made, but the package was left in an unexpected location at your address. You should reach out to the carrier and inquire if any additional details were left by the delivery person. For example: “Left under the table on the back porch.” We won’t be liable to cover the cost of reshipping or refunding the order.

INTERNATIONAL SHIPPING

Our Services are currently limited to customers within the United States of America only. We are not able to provide our services to customers located in countries other than the USA at this time.
We will notify you through our website once we extend our service to other countries as well and update the policies accordingly.

CONTACT US

After reviewing this policy, if you have any additional questions, concerning this Shipping policy, please contact us by using our email or the “contact us” form on the Website.
Email: support@toxicnyc.c1039.privatecloudapp.io
Link for Contact Us page: https://toxicnyc.com/content-form/

Toxic NYC (hereinafter also referred to as “Company”, “Toxic”, “we”, “our” or “us”)  is committed to the Customer’s (“You” or “Your”) satisfaction. If the product you received is misprinted, damaged, defective or not as described (“Faulty”), you may request to refund within 15 days of receiving it.

RETURN

For faulty product returns, first, please contact us at support@toxicnyc.c1039.privatecloudapp.io.

• Product Return Address: 11201 Ed Brown Rd, Charlotte, North Carolina, 28273. or Address 2623 E 54th St , Huntington Park, California

Please note that this address is exclusively for product returns. All other forms of communication, such as notices or letters, should be directed to us at support@toxicnyc.com

Due to the custom nature of our Service, all items are printed to order. As a result, we regret to inform you that we are unable to accept returns unless the item is found to be Faulty. Customers shall not be eligible for a refund in the event of a refund request due to reasons like a change of mind, exchange or return due to the wrong size being ordered, or any other reason unrelated to a Faulty product.

We take full responsibility for any goods that are faulty upon delivery, including those with printing or manufacturing faults. In order to process any queries related to faulty goods, we kindly request that customers provide photographic and videographic evidence to allow us to investigate the issue thoroughly and efficiently.

When you initiate a product return, it is essential to ensure that the return address you provide is accurate and complete. In cases where an incorrect or incomplete return address is provided, please note that the order will not qualify for a refund, and any costs associated with replacement or reshipment will be incurred by you.

REFUNDS

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within the next 15 business days. 

Please remember it can take some time for your bank company to process and post the refund too. If you haven’t received a refund yet, first recheck your bank account, Then contact your credit card company or bank, as processing times may vary and it may take some time before your refund is officially posted to your account.

If more than 20 business days have passed since we approved your return, you’ve done everything mentioned above and you still have not received your refund yet. Please “Contact Us” at the contact details mentioned in the below-mentioned clause.

CANCELLATION 

Once an order has been placed, it cannot be cancelled. We recommend you review all terms before making a purchase decision. 

The Company may cancel an order (in full or partially) for reasons including shortage or unavailability of certain Products or force majeure events. In case the Company cancels any order, You will not be charged for such cancellations, and the Company will refund you for any payment already made.

ORDER

MODIFICATION

Once an order has been successfully placed and confirmed, we regret to inform you that we are unable to make any changes to it. This includes but is not limited to, alterations to the product type, quantity, size, color, design, shipping address, or any other order details.

Before finalizing your order, we strongly encourage you to review all order details, including the selected products, quantities, sizes, colors, designs, and shipping information. Ensure that everything is accurate and meets your requirements.

If you identify a critical issue with your order immediately after placing it, please contact our customer support team as soon as possible. While we cannot guarantee modifications, we will make reasonable efforts to assist and evaluate the feasibility of addressing your concern.

UNCLAIMED 

If shipments remain unclaimed, they will be returned to our facility, and you will be responsible for covering the cost of reshipping. Any unclaimed products will be donated to a charitable cause after a 15-day period.

CONTACT US

Customers should carefully review the terms of this return and refund policy before initiating any return. Any violation of the policy may result in the denial of a return. The Company reserves the right to alter or amend this policy at any time without prior notice. By continuing to use the service, customers accept these terms as binding and agree to comply with them.

After reviewing this policy, if you have any additional questions, concerning this Policy, please contact us by using our email or the “contact us” form on the Website. 

Email: support@toxicnyc.c1039.privatecloudapp.io 

Link for Contact Us page: https://toxicnyc.com/content-form/ 

Last Updated: October 26, 2023

Effective Date: October 26, 2023