Terms & Conditions
Last Updated: August 5, 2022
Hi and welcome to the Texas International Import Export website (the “Website”). This Website is owned and operated by Huntington Operating Corp. (the “Company”). The Company reserves all rights and ownership of the content of the Website. The terms and conditions contained herein (the “Terms”) apply to all the products and services offered by the Company on the Website and elsewhere. Please take the time to read these Terms very carefully. Your use of the Website constitutes that you fully and completely accept these Terms and that you agree to follow and be legally bound by these Terms, even if the Terms contradict or seem to contradict information found elsewhere on the Website. Your purchasing from the Company, in any way, and accepting its products in any way also constitutes that you fully and completely accept these Terms and that you agree to follow and be legally bound by these Terms, even if the Terms contradict or seem to contradict information found elsewhere on the Website These Terms apply regardless of the device (i.e., pc, smartphone, tablet, etc.) you use to access the Website or when you buy from the company using any other method whatsoever.
If you do not agree to these Terms and our privacy policy, please simply stop here and do not use the Website and also please then do not place and accept any order from the Company. These terms apply even if you never used this site, but merely had the terms and conditions referenced in an invoice from us.
Orders From Us
All credit-approved orders are Net 30 days unless clearly specified on the invoice.
If there is a problem with any order from us, you will notify us within 1 week from date of receipt either via:
1) certified US mail, signature required, mailed to the main address listed on the homepage of this website---or
2) e-mail to sales@tx-intl.com, but you must receive a confirmation from us that we got your e-mail, otherwise such e-mail does not constitute proper notice and you must use certified mail as per above, but will have an additional 3 business days to do so.
We at our sole discretion reserve the right to reject any order for any reason whatsoever including typographical errors and prior sale of inventory.
Updates To The Terms
We reserve the right to update these Terms at any time without notice and at our complete sole discretion. The updated Terms will be effective when posted on the Website. So please check the Website for updates to the Terms each time you visit the Website or each time you order.
No matter what, you are responsible for payments due for any products ordered from the Company. If we do not receive payment from you or from any approved financing source that you use, you agree to promptly submit payment to us in full. You are responsible for any costs of collection for overdue payments.
Disclaimer Of Warranties
YOU AGREE TO USE THE WEBSITE AND/OR TO BUY PRODUCTS FROM THE COMPANY AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL ITS CONTENT AND ANY OFFERINGS FROM THE COMPANY IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR FREEDOM FROM ANY SORT OF MALICIOUS CODE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE ACCURACY OF ANY OR ALL THE CONTENT DISPLAYED ON THE WEBSITE OR ELSEWHERE.
Our Liability Is Limited
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASING FROM THE COMPANY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT PURCHASED FROM THE COMPANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY OF ANY KIND, DAMAGE TO REPUTATION, DAMAGE FROM TERMINATION OF YOUR ABILITY TO SELL PRODUCTS ON A MARKETPLACE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR FROM YOUR BUYING FROM US, WHETHER BASED IN TORT, A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR BUYING PRODUCT FROM THE COMPANY OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF BUYING PRODUCT FROM THE COMPANY-EVEN IF THE COMPANY WAS FULLY OR SOMEWHAT AWARE OF THE CHANCE OF YOUR INCURRING SUCH DAMAGES.
All sales are made FOB our warehouse. In accordance with the UCC, title transfers to the buyer (you) when the common carrier picks up the shipment and we are not responsible for loss or damage afterwards, no matter how caused and no matter who selects the carrier and how those charges are billed. We strongly encourage you to obtain cargo insurance to cover any potential loss or damage that occurs when your shipment is in transit.
Your Indemnification
You agree to defend, indemnify, and hold the Company, its affiliates, its agents, and their respective employees, officers and directors harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of (a) your buying product from the company; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Website; and (d) any misrepresentation made by you. You agree to use your best efforts to cooperate with the Company in the defense of any claim. This indemnification obligation survives termination of these Terms and your use of the Website.
Intended Website Audience
The Company operates this Website from the United States of America and makes no representation whatsoever that the Content is appropriate or will be available for use in locations outside the U.S.A. If you use this Website from outside the U.S.A, you are entirely responsible for compliance with applicable local laws, including but not limited to the export,import, and transportation regulations of the relevant countries. Unless otherwise explicitly stated in the Website, all Content is only directed towards individuals, businesses or other entities located in the U.S.A.
Independent Contractor
You are an independent contractor. Nothing contained in these Terms creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between you and the Company.
Non-Exclusive Relationship
The relationship between you and the Company is non-exclusive. You may buy competing products from whomever you wish and the Company may sell any and all of its products to anyone, including without limitation, if applicable, your direct and indirect competitors and your customers.
Disparagement
You agree that you will not disparage the Company, its affiliates, its agents, and their respective employees, officers and directors for reasons directly or indirectly related to use of the Website or related to purchasing from the Company.
Saying Goodbye
We reserve the right to terminate you as a customer at any time, without notice and in our sole discretion. We reserve the right to refuse service to anyone and/or to refuse to sell or ship products to anyone for any reason at any time and even after your order has been accepted. In addition to the many other reasons which permit us to cancel any order at any time, all orders are subject to product availability. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
No Manufacturer Relationships
Please note that we are not the manufacturer of any of the products we sell. We are only a seller of genuine brand name fragrances, skin care and other products. We are not associated directly or indirectly with any of the brands we sell on the Website. Trademarks used on the Website are intellectual property owned by their respective owners.
Headings
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
Other
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its internal law governing conflict of laws. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in Houston, Texas. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not in any way affect the validity of any of the remaining provisions, which will remain in full force and effect. No waiver of any of these Terms will be deemed a waiver of any other term, and the Company’s failure to assert any particular right or particular provision under these Terms won’t constitute a waiver of such right or provision. Notwithstanding anything to the contrary contained herein, to the extent legally possible under prevailing law, all parties will make best efforts that any controversy or claim arising out of or relating to this contract, or the breach thereof, that cannot reasonably be settled by the parties shall be settled by arbitration administered in Houston, Texas by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by one arbitrator (the Arbitrator) with at least 10 years of experience in commercial matters. If the you and the Company are not able to agree upon the selection of an Arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the Arbitrator shall be selected by the American Arbitration Association in accordance with the terms contained herein. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the Arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of these Terms. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the Arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association The Arbitrator will be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
If any provision of these Terms is held by a court of competent jurisdiction or the Arbitrator to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the Company in writing acknowledges and agrees to such waiver. The Terms comprises the entire agreement between you and the Company and supersede all prior or contemporaneous understandings, negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms, but if you entered into a written contract with the Company and supplied by the Company before your initial purchase, then if there is any conflict between the terms stated herein and the terms in the written contract, then the Company only when and if it chooses to use such right, and in its sole discretion may chose which of the written terms shall apply to any particular occasion, but only to the extent those terms are stated herein or in any such written contract.
If any provision of these Terms is potentially viewed by a court of competent jurisdiction or the Arbitrator to be vague or contradictory, then such provision(s) will be interpreted, as best as possible, to the full benefit of the Company.
Hi and welcome to the Texas International Import Export website (the “Website”). This Website is owned and operated by Huntington Operating Corp. (the “Company”). The Company reserves all rights and ownership of the content of the Website. The terms and conditions contained herein (the “Terms”) apply to all the products and services offered by the Company on the Website and elsewhere. Please take the time to read these Terms very carefully. Your use of the Website constitutes that you fully and completely accept these Terms and that you agree to follow and be legally bound by these Terms, even if the Terms contradict or seem to contradict information found elsewhere on the Website. Your purchasing from the Company, in any way, and accepting its products in any way also constitutes that you fully and completely accept these Terms and that you agree to follow and be legally bound by these Terms, even if the Terms contradict or seem to contradict information found elsewhere on the Website These Terms apply regardless of the device (i.e., pc, smartphone, tablet, etc.) you use to access the Website or when you buy from the company using any other method whatsoever.
If you do not agree to these Terms and our privacy policy, please simply stop here and do not use the Website and also please then do not place and accept any order from the Company. These terms apply even if you never used this site, but merely had the terms and conditions referenced in an invoice from us.
Orders From Us
All credit-approved orders are Net 30 days unless clearly specified on the invoice.
If there is a problem with any order from us, you will notify us within 1 week from date of receipt either via:
1) certified US mail, signature required, mailed to the main address listed on the homepage of this website---or
2) e-mail to sales@tx-intl.com, but you must receive a confirmation from us that we got your e-mail, otherwise such e-mail does not constitute proper notice and you must use certified mail as per above, but will have an additional 3 business days to do so.
We at our sole discretion reserve the right to reject any order for any reason whatsoever including typographical errors and prior sale of inventory.
Updates To The Terms
We reserve the right to update these Terms at any time without notice and at our complete sole discretion. The updated Terms will be effective when posted on the Website. So please check the Website for updates to the Terms each time you visit the Website or each time you order.
No matter what, you are responsible for payments due for any products ordered from the Company. If we do not receive payment from you or from any approved financing source that you use, you agree to promptly submit payment to us in full. You are responsible for any costs of collection for overdue payments.
Disclaimer Of Warranties
YOU AGREE TO USE THE WEBSITE AND/OR TO BUY PRODUCTS FROM THE COMPANY AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL ITS CONTENT AND ANY OFFERINGS FROM THE COMPANY IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR FREEDOM FROM ANY SORT OF MALICIOUS CODE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE ACCURACY OF ANY OR ALL THE CONTENT DISPLAYED ON THE WEBSITE OR ELSEWHERE.
Our Liability Is Limited
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASING FROM THE COMPANY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT PURCHASED FROM THE COMPANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY OF ANY KIND, DAMAGE TO REPUTATION, DAMAGE FROM TERMINATION OF YOUR ABILITY TO SELL PRODUCTS ON A MARKETPLACE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR FROM YOUR BUYING FROM US, WHETHER BASED IN TORT, A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR BUYING PRODUCT FROM THE COMPANY OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF BUYING PRODUCT FROM THE COMPANY-EVEN IF THE COMPANY WAS FULLY OR SOMEWHAT AWARE OF THE CHANCE OF YOUR INCURRING SUCH DAMAGES.
All sales are made FOB our warehouse. In accordance with the UCC, title transfers to the buyer (you) when the common carrier picks up the shipment and we are not responsible for loss or damage afterwards, no matter how caused and no matter who selects the carrier and how those charges are billed. We strongly encourage you to obtain cargo insurance to cover any potential loss or damage that occurs when your shipment is in transit.
Your Indemnification
You agree to defend, indemnify, and hold the Company, its affiliates, its agents, and their respective employees, officers and directors harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of (a) your buying product from the company; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Website; and (d) any misrepresentation made by you. You agree to use your best efforts to cooperate with the Company in the defense of any claim. This indemnification obligation survives termination of these Terms and your use of the Website.
Intended Website Audience
The Company operates this Website from the United States of America and makes no representation whatsoever that the Content is appropriate or will be available for use in locations outside the U.S.A. If you use this Website from outside the U.S.A, you are entirely responsible for compliance with applicable local laws, including but not limited to the export,import, and transportation regulations of the relevant countries. Unless otherwise explicitly stated in the Website, all Content is only directed towards individuals, businesses or other entities located in the U.S.A.
Independent Contractor
You are an independent contractor. Nothing contained in these Terms creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between you and the Company.
Non-Exclusive Relationship
The relationship between you and the Company is non-exclusive. You may buy competing products from whomever you wish and the Company may sell any and all of its products to anyone, including without limitation, if applicable, your direct and indirect competitors and your customers.
Disparagement
You agree that you will not disparage the Company, its affiliates, its agents, and their respective employees, officers and directors for reasons directly or indirectly related to use of the Website or related to purchasing from the Company.
Saying Goodbye
We reserve the right to terminate you as a customer at any time, without notice and in our sole discretion. We reserve the right to refuse service to anyone and/or to refuse to sell or ship products to anyone for any reason at any time and even after your order has been accepted. In addition to the many other reasons which permit us to cancel any order at any time, all orders are subject to product availability. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
No Manufacturer Relationships
Please note that we are not the manufacturer of any of the products we sell. We are only a seller of genuine brand name fragrances, skin care and other products. We are not associated directly or indirectly with any of the brands we sell on the Website. Trademarks used on the Website are intellectual property owned by their respective owners.
Headings
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
Other
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its internal law governing conflict of laws. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in Houston, Texas. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not in any way affect the validity of any of the remaining provisions, which will remain in full force and effect. No waiver of any of these Terms will be deemed a waiver of any other term, and the Company’s failure to assert any particular right or particular provision under these Terms won’t constitute a waiver of such right or provision. Notwithstanding anything to the contrary contained herein, to the extent legally possible under prevailing law, all parties will make best efforts that any controversy or claim arising out of or relating to this contract, or the breach thereof, that cannot reasonably be settled by the parties shall be settled by arbitration administered in Houston, Texas by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by one arbitrator (the Arbitrator) with at least 10 years of experience in commercial matters. If the you and the Company are not able to agree upon the selection of an Arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the Arbitrator shall be selected by the American Arbitration Association in accordance with the terms contained herein. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the Arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of these Terms. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the Arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association The Arbitrator will be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
If any provision of these Terms is held by a court of competent jurisdiction or the Arbitrator to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the Company in writing acknowledges and agrees to such waiver. The Terms comprises the entire agreement between you and the Company and supersede all prior or contemporaneous understandings, negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms, but if you entered into a written contract with the Company and supplied by the Company before your initial purchase, then if there is any conflict between the terms stated herein and the terms in the written contract, then the Company only when and if it chooses to use such right, and in its sole discretion may chose which of the written terms shall apply to any particular occasion, but only to the extent those terms are stated herein or in any such written contract.
If any provision of these Terms is potentially viewed by a court of competent jurisdiction or the Arbitrator to be vague or contradictory, then such provision(s) will be interpreted, as best as possible, to the full benefit of the Company.