Last updated 1st December 2017
This document tells you information about us and the legal terms and conditions (Terms) on which we sell any of our products.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
1. Information about us
1.1. We are NOVTEN LLC doing business as MYN. We are a company registered in the State of Florida, USA. We operate the website www.mynchoice.us.
1.2. Contacting us. If you wish to contact us for any reason you can do so by e-mail at firstname.lastname@example.org, telephone +393441360037 or post to NOVTEN LLC, 1760 Wyoming Street, Longwood 32750 Florida.
2. Our Products
2.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
2.2. Although we make every effort to be as accurate as possible, because our products are hand made, all sizes, weights, capacities, dimensions and measurements indicated on the site may have minor inconsistencies.
2.3. In the case of errors or omissions that appear on our site, we reserve the right to alter a specification without prior notice.
2.4. The packaging of the Products may vary from that shown on images on our site.
2.5. It is your responsibility to ensure that colors and sizing of the Products are correct and suitable for their intended purpose before placing an order. We will not be responsible if any measurements, dimensions or colors you provide to us subsequently turn out to be incorrect.
2.6. We quote prices in US dollars. Prices include sales tax where applicable. The checkout page breaks down the sales tax figure for illustration and reporting purposes.
2.7. In relation to Customized Products, we own all designs, sketches, colors, materials, samples, artwork, specifications and know-how created for you until we have received payment in full from you for the Customized Products in accordance with clause 14.5.
3. If you are a consumer
This clause 3 only applies if you are a consumer.
3.1. If you are a consumer, you may only purchase Products if you are at least 18 years old. If you are under the age of 18 please ensure an adult places your order for you.
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. How the contract is formed between you and us
5.1. Our order pages will guide you through the steps you need to take to place an order with us. When you place your order, you will set up an account with us (MYN Account). Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2. All orders, save for Customized Product orders, must be placed through our site. We do not accept orders by any other means. Customized Product orders, must be submitted by you to us in writing and may be sent by post, fax or email. We will confirm your order to you by email only.
5.3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order and have received your payment (Order Confirmation). If you have a problem processing your payment online or are not certain that your payment was successful please email email@example.com. However, please note that the Order Confirmation does not mean that your order has been accepted. Our acceptance of your order will only take place as described in clause 5.4.
5.4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.5. It is not possible to place an order for an out of stock product or pre-order new lines.
5.6. In the unlikely event we are unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on our site as referred to in clause 13.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged without undue delay.
6. Our right to vary these Terms
6.1. We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
7. Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1. If you are a consumer, you can cancel a Contract. If you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
7.2. However, this cancellation right does not apply in the case of Customized Products, which shall include any products made in custom styles custom colors or custom measurements.
7.3. You may cancel any order for non-customized products free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed on our site almost immediately, so please contact us at as soon as possible if you would like to cancel your order. We will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
7.4. To cancel a Contract before it is shipped, you just need to let us know that you have decided to cancel. The easiest way to do this is notify us at firstname.lastname@example.org. Please include details of your order to help us identify it.
7.5. If you cancel your Contract we will:
(a) Refund you the price you paid for the Products.
(b) Refund any delivery costs you have paid.
(c) Make any refunds due to you within 5 days of receiving your returned item.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.6. If the products are faulty or mis-described and you wish to return the item, you will do so in accordance with 7.8(a). When we receive the products from you we will refund you in accordance with clause 7.5.
7.7. We will refund you on the credit or debit card or credit your PayPal account that you used to pay. If you used vouchers to pay we will refund you in vouchers.
7.8. If a Product has been delivered to you before you decide to cancel your Contract:
(a) Then you must return it to us without undue delay and in any event not later than 10 days after the day on which you receive the product;
(b) Unless provided with a Free returns label you will be responsible for the direct costs of returning the Products to us.
7.9. All Products returned to us under clause 7 must be in new and unused condition. We may refuse to provide a refund where we reasonably consider this not to be the case, or reduce any refund where they have been handled by you in an unreasonable manner.
7.10. You can always return a product if it is faulty or different to what you ordered. You always have rights where a product is faulty or mis-described (see clause 8).
8. If there is a problem with a product
This clause 8 only applies if you are a consumer.
8.1. If you have any questions or complaints about any Product, please contact us.
8.2. Items that are damaged upon receipt, have visible manufacturing faults or exhibit a manufacturing fault after use are eligible for replacement, repair or refund (at your discretion). You must contact us at email@example.com regarding the defect within 10 days of delivery. Include the following information in your email:
(a) An explanation of the fault
(b) When the product first exhibited the fault (upon receipt, after first ride etc.)
(c) Photographs of the fault
9. Your business right of return and refund
This clause 9 only applies if you are a business.
9.1. We only accept returns of Products from business customers if they are faulty or mis-described.
9.2. Subject to clause 9.1, if:
(a) you give notice in writing to us within a reasonable time of discovery that some or all of the Products faulty or misdescribed.
(b) we are given a reasonable opportunity of examining such Products; and
(c) you return such Product to our place of business at our cost
We shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
10.1. All orders will be delivered by USPS Priority Mail within 2-3 days during working days only to your stated delivery address.
10.2. Working days are Monday through to Friday. We do not dispatch on Saturdays and Sundays or US public holidays.
10.3. Under normal circumstances, USPS delivers within 2-3 days. Delivery times may be extended during peak postal times or US public holidays through no fault of our own.
10.4. We offer free delivery on all orders over $90.00. However, during promotion periods we will ship all orders free of charge. Please refer to the website information.
10.5. If you are using a discount code or a coupon free delivery is not included.
10.6. We will keep you informed if there is likely to be a delay in dispatch or delivery due to foreseen incidents (for example: stock take, Christmas demands).
10.7. We may provide you with order alerts if you provided a mobile number when setting up your MYN Account. This is to give you greater clarity on the progress of your order. We may send the following information to your mobile number in the form of SMS messaging.
(a) Your order tracking number and courier
(b) Your delivery day and an estimated delivery time
(c) Any delivery options (for example setting a new delivery date, deliver to a neighbor etc.
10.8. Goods will be delivered as set out in clause’s 9.1 to 9.4 but in all cases within 30 days of dispatch notification. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.9. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.10. You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.11 only applies if you are a consumer.
10.11. If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following circumstances apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.12. In any other circumstances, if you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.11, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order straight away, if we do not meet the new deadline.
10.13. If you do choose to cancel your order for late delivery under clause 10.11 or clause 10.12, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us in accordance with clause 7.7.
10.14. If you cancel your order under clauses 10.11 and 10.12 then we will refund all payments made by you under the Contract without undue delay.
11. Retention of title for business customers
This clause 11.1 only applies if you are a business customer.
11.1. The risk in the Products shall pass to you on completion of delivery.
11.2. Title to the Products shall not pass to you until:
(a) we receive payment in full (in cash or cleared funds) for the Products and any other Products that we have supplied to you in respect of which payment has become due (including all applicable delivery charges) in which case title to the Products shall pass at the time of payment of all such sums
(b) you resell the products, in which case title to the products shall pass to you at the time specified in clause 11.4
11.3. Until title to the Products has passed to you, you shall:
(a) store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and
(d) give us such information relating to the Products as we may require from time to time.
12. Price of products and delivery charges
12.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 5.6 for what happens if we discover an error in the price of Product(s) you ordered.
12.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3. The price of a Product includes sales tax (where applicable) chargeable in the US dollars.
12.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
12.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced.
13. How to pay
13.1. You can only pay for Products using via PayPal. We accept the following cards: Visa, Visa Debit, Switch, Mastercard and PayPal. Business customers ordering Customised Products can pay via BACS or cheque.
13.2. We use a secure online banking to collect and administer payments. MYN / NOVTEN LLC personnel do not have access to your card details.
13.3. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit/credit card until your order has gone to dispatch.
13.4. In relation to Customized Products, on placing your order you will be required to pay a non-refundable deposit to us (subject to clause 8 where you are buying as a consumer) of 50% of the total price of your order.
13.5. In relation to Customized Products, you will pay all outstanding amounts of your order prior to us dispatching them.
13.6. If you have a promotional code, please enter it into the promotional code box on the checkout page, the promotional codes are case sensitive so please be sure to use it exactly as it is shown. The prices will automatically change when the promotion is used and the saving shown. The promotion code will therefore affect the value of the basket, which may impact on the postage charges.
13.7. If you have a gift voucher code, (your loyalty points create a gift voucher code) please enter it at the checkout page. This payment towards your order will be automatically reflected. This does not affect the value of your basket for postage purposes. If you have more than one gift voucher, please contact customer services on our email firstname.lastname@example.org as only one gift voucher may be used per order.
14. Manufacturer guarantees
14.1. Some of the Products we sell to you may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
14.2. If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.