Mixim Return, Refund, and Order Policy

1. Made-to-Order Products

All Mixim products are built to order (“Made-to-Order Products”). Each unit is designed, assembled, and configured specifically for the customer at the time the order is placed.

2. No Cancellations, Returns, or Refunds

By placing an order with Mixim, the purchaser expressly acknowledges and agrees that:

  • All sales of Mixim products are final.
  • Orders cannot be canceled once submitted.
  • Products cannot be returned, exchanged, or substituted for any reason.
  • Mixim does not provide refunds under any circumstances, including change of mind, dissatisfaction, delay, shipping issues, or any other reason.

This policy applies regardless of any warranties, guarantees, representations, or descriptions made about the product’s features, specifications, or appearance, except as required by applicable law.

3. Lead Time and Delivery

  • Due to the custom-built nature of our products, the estimated production and delivery lead time is approximately 90 days from the date the order is placed.
  • Delivery dates are estimates only and are not guaranteed. Mixim shall not be liable for delays caused by third-party manufacturers, shipping carriers, customs, acts of God, labor disputes, or other factors beyond Mixim’s reasonable control.
  • Risk of loss or damage passes to the purchaser upon delivery to the carrier or upon customer pick-up, whichever occurs first.

4. Defective or Damaged Products

  • Mixim takes care to ensure products are delivered in working order. In the unlikely event that a product is received damaged due to shipping, the purchaser must notify Mixim within 48 hours of delivery, providing photographic evidence of the damage.
  • Mixim’s liability for shipping damage is limited to repair or replacement at Mixim’s discretion.
  • Mixim is not responsible for defects, malfunctions, or damage caused by improper use, unauthorized modifications, neglect, or normal wear and tear.

5. Limitation of Liability

  • Mixim shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the purchase, use, or inability to use its products.
  • Mixim’s total liability for any claim arising from a purchase shall not exceed the purchase price paid for the product.
  • Nothing in this policy is intended to limit or exclude statutory rights that cannot legally be waived.

6. Arbitration and Dispute Resolution Clause

  • Governing Law. This Agreement and all disputes arising out of or relating to the sale of goods hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
  • Dispute Resolution Process. Any dispute, controversy, or claim arising out of or relating to this Agreement (each, a “Dispute”) shall be resolved exclusively as follows:
    • Friendly Consultation: Upon written notice of a Dispute, the parties shall engage in good-faith consultations for thirty (30) days to attempt an amicable resolution. Representatives with authority to settle the Dispute shall conduct the consultations.
    • Non-Binding Mediation: If unresolved, the parties shall submit the Dispute to non-binding mediation administered by JAMS under its Streamlined Mediation Procedures in Wilmington, Delaware, unless mutually agreed otherwise. Costs are shared equally unless allocated by the mediator. Mediation concludes within sixty (60) days unless extended by mutual agreement.
    • Binding Arbitration: If still unresolved, the Dispute shall be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or Streamlined Rules if under $250,000). A single neutral arbitrator will conduct arbitration in Wilmington, Delaware. The arbitrator has exclusive authority to resolve issues including enforceability of this arbitration clause. The award is final and binding, and judgment may be entered in any court having jurisdiction. Parties bear their own fees unless the prevailing party is entitled to recover reasonable attorneys’ fees where allowed by law.
  • Class Action Waiver: Arbitration shall be conducted on an individual basis only; no class, collective, or representative actions. Arbitrators have no authority to certify a class or award class-wide relief. If unenforceable, the dispute will be resolved in Wilmington courts.
  • Confidentiality: All consultations, mediations, and arbitrations under this clause, including awards or decisions, shall be confidential except as required by law or for enforcement.

This clause is intended to provide an efficient and fair mechanism for resolving Disputes while minimizing costs and delays associated with litigation.

7. Acceptance of Policy

By placing an order with Mixim, the purchaser expressly acknowledges that they have read, understood, and agreed to this Return, Refund, and Order Policy. Purchaser further acknowledges that Mixim relies on this policy in accepting and fulfilling orders and in procuring materials and components from its manufacturers.

8. Contact Information

For questions regarding this policy or your order, please contact Mixim at:
hello@mixim.ai
MIXIM Inc., 8 THE GREEN STE A, Dover, DE 19901