Welcome to Poxeidon’s website and online shop. These terms and conditions form an agreement between you and Poxeidon by A&V, LLC (“we,” “us,” or “our”), the operator of www.poxeidon.com (the “Site”). This agreement (the “Terms of Use” or “TOU”), along with our Privacy Policy, governs your use of the Site, whether you are a casual visitor or a registered user. BY USING ANY FUNCTIONALITY OF THE SITE, YOU AGREE TO THESE TOU AND THE PRIVACY POLICY. You also agree to resolve any disputes with us or the Site in the State of New York. Please note that we provide the Site “AS IS” without any warranties.
Poxeidon is a swim lifestyle brand. Through our Site, users can browse Poxeidon collections, purchase items, receive news and updates, link to the websites of Poxeidon retailers, contact us, and use other related services (the “Services”). The online shop is hosted by WooCommerce, with Hostinger providing related services like store pages, ordering systems, and order data.
We may update the Terms of Use at any time as we find necessary. When changes are made, we will post the amended agreement on the Site and/or notify you via email with a link to the updated document. Your continued use of the Site after receiving such notice will be considered your acknowledgment of the changes and your agreement to be bound by the updated Terms of Use. If you do not agree with the changes, you should not continue to use the Site.
To access some of the Services on the Site, you will need to register. During registration, you will create a username and password, which will serve as your credentials (“Credentials”) for accessing member-only Services.
To register, you must provide certain personal information. Poxeidon’s Privacy Policy details how we handle your personal information and the choices you have regarding its use. Please review it carefully.
You are responsible for all use of the Site and the Services under your Credentials, including any use by others to whom you have given your Credentials. You must keep your password confidential and notify us immediately if your password is compromised. You may only use the Site and Services for lawful purposes. You may not use the Site or Services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with others’ use of the Site or Services. You are prohibited from attempting to gain unauthorized access to any Services, user accounts, or computer systems through hacking, password mining, or other means. You agree not to (and not to allow any third party to):
We may take legal action and implement technical measures to prevent violations of this provision and to enforce the Terms of Use.
We may add, replace, or discontinue Services from time to time. Information about new services will be provided on the Site, and the use of these new services will be governed by the Terms of Use. You agree that Poxeidon is not liable to you or any third party for any suspension or discontinuation of Services.
The Site may contain advertisements or links to third-party websites (“Third Party Sites”). These links are provided for your convenience. Poxeidon does not endorse or verify the accuracy or ownership of the information in these advertisements or on these Third Party Sites. If you choose to leave the Site and visit a Third Party Site, you do so at your own risk. Once you access a Third Party Site through a link on the Site, you may be subject to the terms of use and policies of that Third Party Site. Poxeidon is not responsible for the actions of any Third Party Site and does not imply any affiliation with them.
Merchandise will be shipped to the address you provide using the shipping method you select at checkout. All sales are made pursuant to a shipment contract, meaning that the risk of loss and title for all purchased items pass to you when we deliver them to the carrier.
We want you to be completely satisfied with your Poxeidon purchase. If you are not satisfied, we will help you with a prompt refund or exchange.
Poxeidon accepts returns or exchanges within 15 days of receiving your order. Requests made outside this timeframe will be handled at our discretion. Due to the intimate nature of our products and strict health policies, we do not accept returns for underwear, swimwear, and bodysuits, unless the item is faulty.
Refunds will be credited to the original payment method, minus shipping fees. We only accept returns of merchandise purchased from Poxeidon’s website.
Return packages must be shipped prepaid using a traceable method, such as UPS, FedEx, or Insured Parcel Post. Shipping costs are non-refundable.
Please note that we only offer size or color exchanges. If the desired size or color is not in stock, we will contact you to arrange a refund or a store credit. For alternative items, a new order must be placed.
Please send returns and exchanges to:
For any additional questions, please email us at info@poxeidon.com or call us at 917-302-9493.
Poxeidon reserves the right to refuse returns or exchanges that do not meet the Return/Refund Policy.
We do not allow the purchase of our merchandise for resale. To enforce this policy, we may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same credit card, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that we believe are placed by dealers, resellers, or distributors. We may also cease doing business with customers who violate this policy. We reserve the right to modify this policy without prior notice.
The Site is controlled and operated from the United States, and all information is processed within the United States. We do not guarantee that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations when using the Site. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
While we strive to display our products and their colors as accurately as possible, the actual colors of the products depend on your monitor, and we cannot guarantee that your monitor will display them accurately. Products displayed on the Site may be out of stock or discontinued, and prices are subject to change. Poxeidon is not responsible for typographical errors regarding price or any other matter.
Applicable sales tax will be charged on total merchandise, including shipping and handling fees.
We charge your credit card at the time of purchase. Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors.
Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions. By using those Services, you agree to comply with such additional guidelines and rules.
All content available on or through the Services and/or the Site, including text, photographs, graphics, logos, trade/service marks, and video and audio content, is owned or controlled by us, our licensors, and/or content suppliers and is protected by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Poxeidon’s proprietary information. All content not owned by Poxeidon that appears on the Site is the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by Poxeidon. We grant you permission to use the content for personal, non-commercial purposes only. You may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial purpose, except as expressly provided herein. All rights not expressly granted to you are retained by Poxeidon.
WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, POXEIDON MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. POXEIDON DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, THAT DATA LOSS WILL NOT OCCUR, OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL POXEIDON, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING LOSS OF REVENUE, PROFITS, BUSINESS, DATA, OR SALES, EVEN IF POXEIDON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We may terminate or suspend your registration and access to the Site and/or Services immediately, without notice, if you violate the Terms of Use or other policies and terms posted on the Site. We may also cancel or suspend your registration for any other reason, including extended inactivity, but we will attempt to notify you in advance. Poxeidon is not liable to you or any third party for termination of your access to the Site and/or Services. You agree not to attempt to use the Site or Services after any such deletion, deactivation, or termination. You may terminate your Poxeidon account at any time by contacting us at the address provided in these terms.
You agree to defend, indemnify, and hold harmless Poxeidon, its employees, contractors, officers, directors, agents, parents, affiliates, and suppliers, from any liabilities, claims, demands, and expenses, including attorney’s fees, made by any third party due to or arising from your access to the Site, your use of the Services, or your violation of the Terms of Use. This indemnification does not apply to liabilities arising from Poxeidon’s gross negligence or intentional misconduct.
This agreement, along with any supplemental terms, policies, rules, and guidelines posted on the Site, including the Privacy Policy, constitutes the entire agreement between you and Poxeidon and supersedes all previous agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the original intentions of the parties as closely as possible, and the remaining portions shall remain in full force and effect. Poxeidon’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms of Use or your use of the Site or Services shall be resolved by final and binding arbitration in New York, New York, under the rules of the American Arbitration Association. The arbitrator shall have the authority to grant equitable and injunctive relief and award monetary damages, as deemed appropriate. The decision of the arbitrator shall be final, and judgment may be entered in any court of competent jurisdiction.
We may assign this agreement at any time to any parent, subsidiary, or affiliate, or as part of a merger, sale, or other transfer of our business to another entity. You may not assign, transfer, or sublicense the Terms of Use to anyone else, and any attempt to do so will be void.
You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction, to register with us or use the Site and Services. If you are under 18 or the applicable legal age, you may use the Site or Services only with the supervision of a parent or guardian who agrees to these Terms of Use. Membership in the Services is void where prohibited by law, and access to the Site is revoked in such jurisdictions. By using the Site and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to comply with all the terms and conditions set forth herein. The Site is administered in the U.S. and is intended for U.S. users; any use outside of the U.S. is at your own risk, and you are responsible for compliance with local laws.
If you have any questions, please contact us at info@poxeidon.com or by postal mail at:
