The following Terms and Conditions shall apply to any sale of goods and services by Pixiilyte Ltd hereafter referred to as Pixii. Purchaser shall be deemed to have full knowledge of the Terms and Conditions herein and such Terms and Conditions shall be binding if either the goods referred to herein are delivered to and accepted by the Purchaser.

User IDs & Passwords

To gain access to secure areas of our website you will need a user ID and password. Request a login. Each user must have his or her own user ID and password. You agree that your user ID and password are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of the ID and password, and you and/your company are fully responsible for all activities that occur under your ID and password by you or anyone else using this, whether authorized by you or not. If you believe your password may have been compromised or used without authorization you agree to change your password immediately. You also agree to inform us immediately of any breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us at info@gopixii.com. Until we are so notified you and/or your company will remain liable for any unauthorized use of your account.

Payment & Credit Terms

At Pixii’s discretion, purchases may be made through Cash, Business Cheques, e-transfer, M-pesa, bank transfer, wire, Visa® or MasterCard® and PayPal at the time of purchase. All payments must be in US Dollars or Kenya Shillings.
For customers with established Pixii 30 credit, payment terms are net 30 (thirty) days from the date of the invoice. All overdue amounts shall bear interest at a rate of forty eight percent (48%) per annum (4% per month) or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law.
Anticipation and cash discounts are not allowed. All payments must be made in US Dollars or Kenya Shillings. Pixii shall have the right to set off and deduction for any sums owed by customer to Pixii.
If customer fails to make payment within thirty (30) days of invoice, or fails to comply with Pixii’s credit terms, or fails to supply adequate assurance of full performance to Pixii within a reasonable time after requested by Pixii (such time as specified in Pixii’s request), Pixii may defer goods and services until such payment or compliance is made, require cash in advance for any further services, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of any goods or service order. If the purchaser fails to make payment within 30 days, Pixii may defer service until such payment is made, or may, at its option, cancel all or any part of goods or service order.
All credit extended by Pixii to customer, and the limits of such credit, is at Pixii’s sole discretion, and may be reduced or revoked by Pixii at any time, for any reason.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Pixii will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
Credit Balance - Customer agrees that any credit balance(s) issued by Pixii will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND PIXII SHALL HAVE NO FURTHER LIABILITY.

Pricing

Prices are listed in US dollars or Kenya Shiliings. In the event of a pricing error, Pixii reserves the right to change the price without notice. We also reserve the right to change prices based on changing economic and manufacturing conditions. Prices displayed in print catalogues or online pdfs are for reference purposes only. For accurate pricing please verify your products online. Quotations on large quantities are available on request.
All prices are subject to change without notice. The pricing offered in our quotation shall be considered firm unless otherwise noted. However, our pricing is based on tariffs in place as of the date of this quotation. Should existing tariffs increase or new tariffs be applied during the term of supply, pricing will be adjusted accordingly.
Pixii Reserves the right to Accept, Reject or Cancel any order

In addition, Pixii reserves the right, with or without prior notice, to do any one or more of the following:
- Limit the quantity available for purchase per order and/or the number of individual orders that may be placed per customer per day;
- Discontinue any product or service;
- Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion;
- Bar any user from making or completing any or all transactions; and
- Refuse to provide any user with any product or service.
Furthermore, Pixii reserves the right to cancel orders at any time, in its sole and absolute discretion, and for any reason whatsoever.

Delivery & Storage

Freight rates quoted are to be considered dock-to-dock. If extra handling is required, additional charges may apply. Pixii can also offer consolidated shipping for large volume customers. Claims for loss or damage in shipments are the responsibility of the carrier, and must not be deducted from our invoice, nor shall payment of the invoice be withheld while you await adjustment for your claims.
Unless otherwise specified, all transportation, storage and related expenses shall be charged to the Customer’s account and shall be in addition to the price specified for the related goods

Modification of Terms

No addition to or modification of terms and conditions shall be binding on Pixii unless agreed to by Pixii in writing, and Pixii's acceptance of any order shall not be construed as consent to any additional terms and conditions.
The terms and conditions on any purchase order submitted by the Customer at any time are null and void and of no legal effect other than with respect to the identify of and quantity of goods being purchased. Any term or condition not contained herein shall not be binding on Pixii.

Special Orders & Product Availability

Products are subject to availability at time of order. Some special-order items must meet manufacturer's minimum order quantity requirements at time of order, and may require additional shipping time and shipping costs.

Warranty & Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PIXII BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL PIXII BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PIXII’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL PIXII OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PIXII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PIXII MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, AGREEMENTS OR GUARANTEES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED (BY STATUTE OR OTHERWISE) WITH REGARDS TO THE PURCHASED GOODS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, AGREEMENTS OR GUARANTEES THAT THE GOODS ARE OF MERCHANTABLE QUALITY, ARE SUITABLE OR FIT FOR THEIR INTENDED PURPOSE, ARE FREE FROM DEFECTS, WILL PERFORM AS SPECIFIED OR DO NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL PIXII BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, FINANCIAL, CONSEQUENTIAL OR SPECIAL DAMAGES FOR DEFECTIVE GOODS OR FOR FAILURE OF ANY GOODS NOT CONFORMING TO THEIR SPECIFICATIONS, EITHER DUE TO PIXII’S OWN NEGLIGENCE OR OTHERWISE. THE CUSTOMER’S SOLE CLAIM(S) SHALL BE LIMITED TO THE WARRANTY PROVIDED BY THE MANUFACTURER, IF ANY, AND PIXII SHALL ASSIGN TO THE CUSTOMER ANY SUCH MANUFACTURER’S WARRANTIES TO THE EXTENT PERMITTED BY LAW.
DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY. PIXII EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. PIXII’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY

Exports

Pixii offers products only for delivery and use within Kenya. Pixii is not responsible for any product sale intended for export. Where products purchased from Pixii are to be exported, the purchaser assumes sole responsibility for arranging the export of the products from Kenya and their importation into other countries and shall at all times comply with all applicable laws in relation thereto, including but not limited to export control laws, rules and regulations of Kenya.

Product Information

Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Pixii catalog, literature or websites does not constitute the right to purchase products. Pixii reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the Pixii catalogs and websites. Pixii reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Pixii.

General Terms

Intellectual Property:
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Pixii, or any trademarks or service marks owned by suppliers to Pixii. All materials contained on the www.gopixii.com website are subject to the ownership rights of Pixii and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Pixii or its suppliers without Pixii’s permission.
Pixii considers all graphical product content (images & copy), both in print and online, to be proprietary information. The use of this content without the expressed written consent of Pixii may forfeit the customer’s ability to purchase from Pixii.

Force Majeure
Pixii shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Pixii in the conduct of its business.

Content
Content on this Pixii site that is provided by Pixii or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Pixii Content”) is the property of Pixii and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Pixii Content located on the Pixii Property for use in any publications, in public performances, on websites other than this Pixii Property for any unpermitted commercial purpose, in connection with products or services that are not those of Pixii, in any other manner that is likely to cause confusion, that disparages or discredits Pixii and/or its licensors, that dilutes the strength of Pixii’s or its licensors’ intellectual property, or that otherwise infringes Pixii’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Pixii Content or User Content that appears on this Pixii Property.

Indemnification
You agree to indemnify and hold Pixii, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Pixii or this Pixii Property.

Governing Law
This Agreement, including any changes or modifications, shall be governed by the laws of the Province in which Pixii’s location that made the sale is located and this Agreement, together with any Credit Application signed by the Customer shall constitute the entire agreement and understanding between the Customer and Pixii.

Gift Certificates
These terms and conditions, together with the Frequently Asked Questions above, constitute the gopixii.com Gift Card Terms and Conditions. By purchasing or using a gopixii.com Gift Card, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change without notice.
General Terms

1. The gopixii.com Gift Card can only be used online at www.gopixii.com or by phone order.
2. A gopixii.com Gift Card cannot be used to purchase gopixii.com Gift Certificates.

By purchasing gopixii.com Gift Card, you are certifying and representing to Pixii. and its affiliates that the activities in connection with which the gopixii.com Gift Cards will be used and comply with these Terms and Conditions and all applicable laws, rules and regulations, including the terms and conditions that govern the gopixii.com website. In addition, you agree to defend and indemnify Pixii and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the gopixii.com Gift Cards or violation of any of these Terms and Condition.