Terms and Conditions

Welcome to TX WEST COAST TRADING LLC (“we”, “us”, “our”), the operator of the website https://xyngu.com/ (the “Site”) and provider of products including hoodies, blankets, 4-piece bedding sets, and decorative wall art (collectively, “Products”). These Terms and Conditions (“Agreement”) constitute a legally binding contract between you (“you”, “your”) and TX WEST COAST TRADING LLC governing your access to and use of our Site, purchase of Products, and engagement with our services. By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our associated Privacy Policy, Return Policy, and Cookie Policy.

1. Definitions

To ensure clarity, the following terms have the meanings set forth below throughout this Agreement:
  • Account: A personal profile created by you on the Site to manage orders, track shipments, and store personal information.
  • Order: A binding request by you to purchase Products from us, subject to our acceptance as outlined herein.
  • Site Content: All text, images, logos, trademarks, data, and other materials displayed on or made available through the Site, including Product descriptions and pricing information.
  • Third-Party Service Providers: External entities that assist us in operating the business, such as payment processors (e.g., Stripe, PayPal), shipping carriers (e.g., USPS, FedEx), and IT service providers.

2. Eligibility and Account Responsibilities

2.1 Eligibility

To use our services or purchase Products, you must be at least 18 years of age or the age of majority in your jurisdiction, and possess the legal capacity to enter into binding contracts. By using the Site, you represent and warrant that you meet these eligibility requirements. We reserve the right to verify your eligibility and suspend or terminate access if you fail to meet these standards.

2.2 Account Creation and Maintenance

When creating an Account, you agree to provide accurate, complete, and current personal information (including name, email address, and shipping details). You are solely responsible for maintaining the confidentiality of your Account username and password, and for all activities conducted under your Account. You must notify us immediately at service@xyngu.com of any unauthorized use of your Account or suspected security breach. We shall not be liable for any loss or damage arising from your failure to safeguard your Account information.

3. Order Placement and Acceptance

3.1 Order Process

The Site allows you to browse Products, select items for purchase, and submit an Order through our checkout process. All Product descriptions, pricing, and availability information on the Site is subject to change without notice. We strive to maintain accurate information, but we do not warrant that such information is error-free, complete, or current.

3.2 Order Acceptance

Submission of an Order constitutes a binding offer by you to purchase the requested Products. We reserve the right to accept or reject your Order in our sole discretion, including but not limited to cases where: (i) Product information contains errors (e.g., incorrect pricing or availability); (ii) we suspect fraudulent activity; (iii) the Product is out of stock; or (iv) you fail to meet eligibility requirements. We will notify you of Order acceptance via email (to the address provided in your Account) and will confirm the Order details, including total cost and estimated delivery time. The contract between us shall only be formed upon our written acceptance of your Order.

3.3 Order Modification or Cancellation

You may request to modify or cancel an Order only if it has not yet been processed or shipped. To make such a request, contact us immediately at service@xyngu.com with your Order number and requested changes. We will use reasonable efforts to accommodate your request, but we cannot guarantee approval once processing has begun. If your Order has already shipped, you must follow our Return Policy to initiate a return after delivery.

4. Pricing, Payment, and Billing

4.1 Pricing

All Product prices are displayed in U.S. Dollars (USD) and exclude applicable sales tax, shipping fees, and other surcharges, which will be added to your Order total at checkout. We reserve the right to adjust prices at any time, but we will honor the price displayed at the time you submit your Order, provided the Order is accepted by us. Sale or promotional pricing is valid only for the specified period and may be subject to additional terms.

4.2 Payment Terms

We accept payment via major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and third-party payment platforms as indicated on the Site. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information is accurate. Payment is processed immediately upon Order submission, and we reserve the right to hold Orders until payment is confirmed. We do not store full credit card information; all payment data is processed securely by our third-party payment processors in compliance with the Payment Card Industry Data Security Standard (PCI DSS).

4.3 Billing Disputes

If you believe there is an error in your billing statement, contact us within 30 days of the billing date at service@xyngu.com with your Account details, Order number, and a description of the dispute. We will investigate the issue and respond within 10 business days. You must continue to pay any undisputed amounts during the investigation.

5. Shipping and Delivery

5.1 Shipping Options and Fees

We offer standard and expedited shipping options for U.S. orders, with fees calculated based on the weight and dimensions of your Order, shipping destination, and selected delivery speed. Shipping fees are displayed at checkout before you confirm your Order. We may offer free shipping promotions, which will be subject to specific terms (e.g., minimum Order value) as indicated in the promotion details.

5.2 Delivery Timelines

Estimated delivery times are provided at checkout and are based on the shipping option selected and the delivery location. Standard shipping typically takes 3–7 business days, while expedited shipping takes 1–3 business days. These timelines are estimates only and do not include Order processing time (1–2 business days) or delays caused by factors beyond our control, such as weather, carrier disruptions, or customs delays (for international orders). We will provide a tracking number via email once your Order ships, allowing you to monitor delivery status.

5.3 International Shipping

For international orders, you are responsible for all customs duties, taxes, and fees imposed by the destination country. We do not have control over these charges, and their amount is determined by local customs authorities. Delivery times for international orders may vary significantly (typically 7–21 business days) and are subject to customs clearance delays. We are not liable for orders held or rejected by customs, and you must comply with all import regulations of the destination country.

5.4 Risk of Loss

The risk of loss or damage to Products passes to you upon delivery by the shipping carrier, as confirmed by delivery tracking information. We are not responsible for lost, stolen, or damaged packages after delivery. If you believe your package was lost or damaged in transit, you must file a claim with the shipping carrier directly, using the provided tracking number. For damaged items, you may also contact us in accordance with our Return Policy.

6. Product Information and Warranties

6.1 Product Descriptions

We strive to provide accurate and detailed Product descriptions, including size, material, color, and care instructions. However, we cannot guarantee that Product colors displayed on the Site will exactly match the physical Product, as display settings vary by device. Slight variations in Product appearance or specifications may occur due to manufacturing processes, and such variations do not constitute a defect.

6.2 Limited Product Warranty

We warrant that all Products are free from material defects in workmanship and materials for a period of 30 days from the date of delivery. This warranty does not cover damage caused by improper use, normal wear and tear, accidental damage, or failure to follow care instructions. If you believe a Product is defective, contact us within the warranty period with your Order number and photos of the defect, and we will, at our option, replace the Product, issue a refund, or provide a store credit, in accordance with our Return Policy.

6.3 Disclaimers

EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

7. User Conduct and Prohibited Activities

You agree to use the Site and our services in compliance with all applicable federal, state, and local laws, as well as this Agreement. You are prohibited from engaging in the following activities:
  • Using the Site for any fraudulent, illegal, or unauthorized purpose, including but not limited to placing fake Orders, stealing payment information, or distributing malware.
  • Accessing, modifying, or damaging the Site’s technical infrastructure, including servers, databases, or software, or attempting to gain unauthorized access to any Account or data.
  • Posting or transmitting any content that is defamatory, harassing, obscene, offensive, or infringes on the intellectual property, privacy, or other legal rights of third parties.
  • Using the Site to impersonate any person or entity, or to falsely state or imply an affiliation with us or any third party.
  • Scraping, crawling, or otherwise collecting data from the Site without our prior written permission.
We reserve the right to take immediate action against any violation of these terms, including suspending or terminating your Account, blocking your access to the Site, and pursuing legal remedies.

8. Intellectual Property

8.1 Our Intellectual Property

All Site Content, including our logos, trademarks (e.g., “TX WEST COAST TRADING LLC”), Product designs, and proprietary technology, is owned by us or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, display, or use any of our intellectual property without our prior written permission.

8.2 Your Content

If you submit user-generated content to the Site (e.g., Product reviews, photos, or comments), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content for the purpose of operating and promoting our business. You represent and warrant that you own all rights to the content you submit and that it does not infringe on any third-party rights.

8.3 Intellectual Property Infringement

We respect the intellectual property rights of others and ask that you do the same. If you believe that your intellectual property has been infringed on the Site, please contact us at service@xyngu.com with the following information: (i) a description of the infringed work; (ii) the location of the infringing content on the Site; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is unauthorized; and (v) a signed statement that the information is accurate and that you are the owner or authorized to act on behalf of the owner. We will promptly investigate and take appropriate action in accordance with the Digital Millennium Copyright Act (DMCA).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TX WEST COAST TRADING LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PURCHASE OF PRODUCTS, OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY.
This limitation does not apply to liability for (i) our gross negligence or willful misconduct; (ii) fraud or misrepresentation; (iii) personal injury or property damage caused by our products; or (iv) any other liability that cannot be limited by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless TX WEST COAST TRADING LLC, its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with (i) your use of the Site or violation of this Agreement; (ii) your purchase or use of Products; (iii) your submission of user-generated content; or (iv) your violation of any third-party rights, including intellectual property or privacy rights.

11. Privacy Policy

Your collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into this Agreement by reference. By agreeing to these terms, you also agree to the terms of our Privacy Policy, which outlines how we protect your data in compliance with the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR) (as applicable).

12. Agreement Modifications

We reserve the right to modify or update this Agreement at any time to reflect changes in our business practices, legal requirements, or industry standards. When we make material changes, we will post the updated Agreement on the Site with a new effective date and notify you via email (if you have an Account) or a prominent notice on the Site. Your continued use of the Site or purchase of Products after the effective date of the updated Agreement constitutes your acceptance of the modified terms. We encourage you to review this Agreement regularly.

13. Termination

We may terminate this Agreement and your access to the Site or Account at any time, with or without cause, by providing written notice to you (via email or posting on the Site). You may terminate this Agreement at any time by closing your Account and ceasing to use the Site. Upon termination: (i) your right to use the Site and our services will immediately cease; (ii) you must pay any outstanding amounts owed to us; and (iii) we may retain your personal information in accordance with our Privacy Policy.
Sections 8 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), 15 (Governing Law and Dispute Resolution), and 16 (General Provisions) shall survive the termination of this Agreement.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement due to circumstances beyond our reasonable control, including but not limited to natural disasters (hurricanes, earthquakes, floods), war, terrorism, labor strikes, government regulations, supply chain disruptions, or technical failures (server outages, internet service disruptions). In such cases, we will use reasonable efforts to notify you of the delay and resume performance as soon as possible.

15. Governing Law and Dispute Resolution

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles. This choice of law applies regardless of your location or place of purchase.

15.2 Dispute Resolution

Before initiating any formal legal action, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Products through good-faith negotiation. If the dispute cannot be resolved within 30 days of notifying us, the parties agree to submit the dispute to binding arbitration conducted in Houston, Texas, in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Nothing in this section shall prevent us from seeking injunctive relief or other emergency remedies in a court of competent jurisdiction to protect our intellectual property rights or prevent immediate harm.

16. General Provisions

  • Entire Agreement: This Agreement, together with our Privacy Policy, Return Policy, and Cookie Policy, constitutes the entire agreement between you and us with respect to your use of the Site and purchase of Products, and supersedes all prior or contemporaneous agreements, representations, or understandings.
  • Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or our right to enforce it in the future.
  • Assignment: We may assign this Agreement to any third party in connection with a merger, acquisition, or sale of assets. You may not assign this Agreement without our prior written permission.
  • Notices: All notices required under this Agreement shall be in writing. We may send notices to you via email, postal mail, or a notice on the Site. You may send notices to us at service@xyngu.com or our mailing address: TX WEST COAST TRADING LLC, 8507 DE MOSS DR, HOUSTON, TX 77036, United States.

17. Contact Us

If you have any questions, concerns, or requests regarding this Agreement, please contact us at:
Email: service@xyngu.com
Mailing Address: TX WEST COAST TRADING LLC, 8507 DE MOSS DR, HOUSTON, TX 77036, United States
— The TX WEST COAST TRADING LLC Team