MVP Enterprises, LLC owns and operates this Website, (“Twisty16.com”). This document governs your relationship with Twisty16.com (“Website”). Access to and use of this Website and the products and services located within (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all Terms of Service, as some may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is temporally permitted, and we reserve the right to withdraw or amend Services without notice. We are not responsible or liable if this Website is unavailable at any time or for any period. From time to time, access may be restricted to some or all of this Website.
You must not misuse this Website. You will not: commit a criminal offense or encourage such; transmit or distribute any type of virus, trojan, worm, logic bomb or any other material which could be malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause aggravation to other users; infringe upon any other person’s proprietary rights; send any unsolicited advertising or promotional material, often referred to as “spam”; or attempt to affect the performance or functionality of this Website. Breaching this provision does constitute a criminal offense and Twisty16.com will report any such breach to the relevant law enforcement authorities and disclose all available information to them.
We are not liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Twisty16.com or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your personal use, and you are not permitted to publish, manipulate, distribute or otherwise reproduce content or copies of the content supplied to you or which appears on this Website. Furthermore, you may not use use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are intending to purchase a product and become subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to purchase with Twisty16.com you must be over the age of 18 and possess a valid credit or debit card issued by an acceptable bank. Twisty16.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you confirm that any details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. Should we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon receipt of authorization. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Twisty16.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Twisty16.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
We are sure you will love your Twisty16!
If you are not completely satisfied with your Twisty16, simply return it within 30 days (in an undamaged condition).
Include your order receipt in the return package and your full purchase price (not including shipping costs) will be refunded to the credit card used for the purchase.
Twisty16 – Returns
3217 East Shea Blvd, #423
Phoenix, AZ 85028-3365
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish any links which may suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third-party copyright except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Twisty16.com and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Twisty16.com.
You agree to indemnify, defend and hold harmless Twisty16.com and its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including such things as legal fees) arising from your use this Website or your breach of the Terms of Service.
Twisty16.com shall have the right to amend, remove or vary the Services and/or any page of this Website. This may be done using their absolute discretion at any time and done without notice.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Twisty16.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Twisty16.com.