Terms and Conditions – THAO NGUYEN LLC

Introduction and Acceptance of These Terms

Welcome to THAO NGUYEN LLC. The following Terms and Conditions constitute a legally binding agreement between you, the user, customer, or visitor, and THAO NGUYEN LLC, a company organized and operating under the laws of the jurisdiction in which it is registered, with its principal place of business located at 1209 Mountain Road PL NE STE R, Albuquerque, NM 87110. By accessing, browsing, or using the website located at thaonguyen.online, by creating an account, by placing an order for any product or service, by subscribing to our communications, or by otherwise engaging with our platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including any additional policies, guidelines, or disclaimers referenced herein or made available by hyperlink. If you do not agree to all of the terms set forth in this document, you must not access the website or use any of our services.

These Terms and Conditions apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content. They govern your use of all features, functionalities, and services offered by THAO NGUYEN LLC, whether accessed directly through our website, through mobile applications, through social media integrations, or through any other digital interface that we make available now or in the future. We reserve the right to update, amend, or replace any part of these Terms and Conditions at our sole discretion by posting revisions on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We will make reasonable efforts to notify you of material changes via the contact information you have provided or through a prominent notice on our website, but such notice is a courtesy and not a condition of enforceability.

The headings and subheadings used in this agreement are included for convenience of reference only and shall not be considered in interpreting or construing any provision hereof. This introduction and the entire document that follows form the complete understanding between you and THAO NGUYEN LLC regarding your use of our services, superseding any prior agreements, communications, or understandings, whether oral or written, relating to the subject matter herein.

Definitions and Interpretation

To ensure clarity and eliminate ambiguity, the following terms shall have the meanings set forth below when used throughout these Terms and Conditions, unless the context clearly indicates otherwise:

“Company,” “we,” “us,” “our,” and “THAO NGUYEN” refer to THAO NGUYEN LLC, including its employees, officers, affiliates, agents, contractors, successors, and assigns, operating the website thaonguyen.online and providing the products and services described therein.

“Customer,” “user,” “you,” and “your” refer to any individual or entity that accesses, browses, or uses the website, creates an account, places an order, or otherwise engages with our platform and services, including any person acting on behalf of a legal entity with appropriate authority.

“Website” or “Site” refers to the internet domain thaonguyen.online, all subdomains thereof, all associated web pages, and all content, functionalities, and services accessible through that domain, whether accessed via desktop, mobile, tablet, or any other device.

“Products” refers to all goods offered for sale through the website, including but not limited to men’s and women’s apparel, custom-printed drinkware such as cups, mugs, and glasses, printed throw pillows, home decor items, and any other items we may make available for purchase from time to time.

“Services” refers to all operations, functionalities, and support provided by THAO NGUYEN LLC in connection with the website and product offerings, including design creation, order processing, printing, fulfillment, shipping coordination, customer support, and any other activities we undertake in the course of our business.

“Order” means a binding purchase transaction initiated by you through the website, resulting in our commitment to produce and deliver the specified products in accordance with these Terms and Conditions.

“Content” includes all text, graphics, images, designs, logos, photographs, videos, descriptions, product listings, and any other materials displayed on or through the website.

“User-Generated Content” means any content, including but not limited to designs, images, text, reviews, comments, suggestions, or feedback, that you submit, upload, transmit, or otherwise make available to us through the website, by email, through social media, or through any other channel.

“Business Day” means any day other than Saturday, Sunday, or a federal holiday observed in the United States.

“Force Majeure Event” shall have the meaning ascribed to it in the relevant section of this agreement.

The singular includes the plural and vice versa. References to any statute, regulation, or legal provision include any amendments, re-enactments, or replacements thereof. References to “including” or “includes” shall be construed as “including without limitation.” No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement.

Eligibility and Authority to Enter Into This Agreement

By agreeing to these Terms and Conditions, you represent and warrant that you are at least eighteen years of age, or the age of majority in your jurisdiction of residence, whichever is greater, and that you possess the legal capacity to enter into binding contracts. If you are under the age of majority, you may use the website and our services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and Conditions on your behalf. We reserve the right to request proof of age at any time and to suspend or terminate access for any user we believe to be below the required age without verifiable parental consent.

If you are accessing or using the website on behalf of a business entity, organization, or any other legal person, you represent and warrant that you have the full legal authority to bind that entity to these Terms and Conditions. In such cases, “you” and “your” shall refer to both you individually and the entity you represent. You further agree to indemnify us against any claims, losses, or damages arising from your lack of proper authority.

We do not knowingly collect personal information from individuals under the age of thirteen, in compliance with the Children’s Online Privacy Protection Act and similar laws. If we become aware that a child under thirteen has provided us with personal information without verifiable parental consent, we will take immediate steps to delete such information from our records.

Account Registration, Security, and Responsibilities

Certain features of the website, including placing orders, tracking shipments, and accessing order history, may require you to create a user account. When creating an account, you agree to provide accurate, current, and complete information during the registration process and to update such information promptly whenever it changes to maintain its accuracy. You may not use a username or email address that impersonates another person, that violates the intellectual property or other rights of any person or entity, or that we determine, in our sole discretion, to be offensive, deceptive, or otherwise inappropriate.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account, whether authorized by you or not. You agree to notify us immediately at nthaonguyen0909@gmail.com or by calling +84865398983 in the event of any unauthorized use of your account, any breach of security, or any other compromise of your account credentials. You agree to log out of your account at the end of each session when accessing the website from a shared or public device. We will not be liable for any loss, damage, or unauthorized transactions arising from your failure to comply with these security obligations. However, if you notify us promptly of unauthorized activity, we will take reasonable steps to secure your account and investigate the matter.

We reserve the right to suspend or terminate your account, refuse service, cancel orders, remove or edit content, or otherwise restrict access to our services, at any time and for any reason within our sole discretion, including without limitation if we believe that your account has been compromised, that you have violated any provision of these Terms and Conditions, that your conduct may harm our business interests or reputation, or that your activities may expose us to legal liability. In such cases, you remain responsible for all outstanding obligations arising from orders placed and transactions conducted prior to such suspension or termination.

You may close your account at any time by contacting us through the communication channels provided on the website. Upon account closure, we will process any pending orders in accordance with these Terms and Conditions and delete your personal information in compliance with our Privacy Policy, subject to any legal or regulatory obligations requiring us to retain certain data.

Product Descriptions, Representations, and Disclaimers

THAO NGUYEN LLC takes great care to present our products accurately and thoroughly on the website. We provide detailed descriptions, high-resolution images, sizing information, material specifications, and care instructions for each product we offer. However, we cannot guarantee that the colors, textures, and details you perceive on your display will precisely match the physical product you receive. Variations in monitor calibration, screen resolution, browser rendering, and lighting conditions during product photography can all contribute to slight differences between the digital representation and the tangible item. By placing an order, you acknowledge and accept the possibility of such minor variations that do not materially affect the quality or usability of the product.

All product descriptions, pricing, and availability are subject to change at any time without prior notice. We reserve the right to discontinue any product at any time, to modify any product design, material composition, or manufacturing process, and to correct any errors, inaccuracies, or omissions in product information that may appear on the website. In the event that a product you have ordered is affected by such a correction, we will notify you promptly and offer you the option to proceed with the modified product or cancel your order for a full refund.

The print-on-demand nature of our products means that each item is produced individually upon order. While we employ rigorous quality control standards, slight variations between individual items of the same design are inherent in the production process and should be appreciated as evidence of the hand-crafted nature of made-to-order goods rather than viewed as defects. Our commitment is to deliver products that conform substantially to the descriptions and images displayed at the time of your order, and we stand behind that commitment with the refund and return protections detailed in our dedicated Refund and Return Policy page.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your subjective expectations beyond the objective standards we have established and published. Our refund and return policy provides the mechanism for addressing any dissatisfaction, and your exclusive remedies for product-related issues are set forth therein.

Pricing, Payment, and Billing Accuracy

All prices displayed on the THAO NGUYEN LLC website are denominated in United States Dollars unless otherwise explicitly stated. We reserve the right to change prices for any product at any time without prior notice. The price applicable to your order is the price displayed at the time you completed your purchase, as confirmed in your order confirmation email. Subsequent price increases or decreases will not affect orders that have already been confirmed.

The total amount you will be charged includes the product price plus applicable shipping charges and any taxes required by law to be collected. Shipping charges are calculated based on the shipping method selected, the destination, and the weight and dimensions of the package. Applicable taxes, including state and local sales taxes, are calculated based on the shipping destination and the tax rates in effect at the time of the transaction. These additional charges will be clearly displayed during the checkout process before you finalize your payment. You are responsible for reviewing the total before completing your purchase.

We strive for accuracy in all pricing and billing information. However, errors may occasionally occur despite our best efforts. If we discover a pricing error affecting an order you have placed, we will notify you promptly and provide you with the option to proceed with the order at the corrected price or cancel the order for a full refund. If we are unable to reach you within a reasonable timeframe using the contact information you provided, we reserve the right to cancel the order and issue a refund for any amounts charged.

Payment for all orders must be made at the time of purchase through one of the accepted payment methods described on our Payment Methods page. By providing your payment information, you represent and warrant that you are authorized to use the selected payment method and that you authorize us and our payment processor, Stripe, to charge the total amount of your order, including any subsequent adjustments authorized by you, to that payment method. You are responsible for ensuring that sufficient funds or credit is available to cover the transaction at the time of purchase. If your payment method is declined, your order will not be processed, and we will not be obligated to fulfill it.

Orders, Order Acceptance, and Order Cancellation

When you place an order through the website, you are making an offer to purchase the selected products under the terms and conditions set forth herein. Your receipt of an order confirmation email, whether automatic or manual, does not constitute our acceptance of your order. That confirmation merely acknowledges that we have received your offer and initiated the verification process. A binding contract of sale is formed only when we accept your order by initiating production, dispatching the products, or sending you a shipment confirmation email, whichever occurs first.

We reserve the right, in our absolute discretion, to refuse or cancel any order for any reason, without liability to you or any third party, prior to shipment. Circumstances that may lead to order cancellation include, but are not limited to: product unavailability, errors in product or pricing information, suspected fraudulent activity, inability to verify payment authorization, violation of these Terms and Conditions, or any other reason we deem sufficient. In the event of such cancellation, we will notify you using the contact information you provided and issue a full refund for any payment we have already captured. We will not be responsible for any consequential losses or damages arising from an order cancellation, and you agree that your sole remedy is a refund of the purchase price and any shipping charges paid.

You may cancel your order by contacting us at nthaonguyen0909@gmail.com or by calling +84865398983, provided that the order has not yet entered production. Because our products are made to order, once production has commenced, cancellation is no longer possible, and your recourse will be governed by our Refund and Return Policy. We process orders promptly, so the window for cancellation may be limited. If you need to cancel, contact us immediately for the best chance of success.

You are responsible for providing accurate and complete shipping information at the time of ordering. We are not liable for orders shipped to incorrect addresses provided by you. If you discover an error in your shipping address after placing an order, contact us immediately. If the order has not yet been shipped, we will make every effort to correct the address. If it has already been dispatched, you will need to work with the carrier to attempt address correction or re-routing, and any associated costs will be your responsibility.

Shipping, Delivery, and Risk of Loss

Our shipping practices, timelines, and related information are comprehensively detailed on our Shipping Policy page, which is incorporated by reference into these Terms and Conditions. By placing an order, you agree to the shipping terms described therein. The following provisions supplement and shall be read in conjunction with that policy.

We ship products to addresses within all fifty United States of America and to select international destinations as described on our website. Shipping costs are calculated based on the destination, the selected delivery speed, and the characteristics of the ordered items. Estimated delivery times are provided for your convenience and are based on the combined expected duration of production and transit. While we work diligently to meet or exceed our stated delivery estimates, these are estimates only and do not constitute guaranteed delivery dates. We shall not be liable for any damages, losses, or inconveniences arising from deliveries that exceed estimated timeframes, provided that we have acted in good faith and with reasonable diligence.

Title and risk of loss for purchased products pass to you upon our delivery of the items to the shipping carrier. This means that THAO NGUYEN LLC is not responsible for loss, damage, theft, or delay occurring after the carrier takes possession of the package. However, we recognize that this principle of law may not align with your reasonable expectations of a satisfactory shopping experience. Therefore, we have implemented customer-friendly practices for handling shipping issues that go beyond our strict legal obligations. If your package is lost, stolen, or arrives damaged, we encourage you to contact us immediately. We will assist you in filing claims with the carrier, and in many cases, we will provide a replacement or refund while the carrier claim is being processed, particularly for issues occurring within the United States. The specifics of our approach to shipping issues are detailed in our Refund and Return Policy and Shipping Policy pages.

For international orders, you are the importer of record and are responsible for compliance with all applicable import laws, regulations, and requirements of the destination country. You are responsible for any customs duties, import taxes, tariffs, brokerage fees, or other charges levied by the destination country. THAO NGUYEN LLC has no control over these charges and cannot predict their amounts. We recommend contacting your local customs office for information before placing an international order. Failure to pay applicable duties and taxes may result in the package being abandoned, destroyed, or returned to us. In such cases, we will not issue a refund for the purchase price, and any additional costs incurred by us due to the refused or abandoned shipment, including return shipping charges and customs fees charged to us, may be deducted from any potential refund.

Intellectual Property Rights

Our Intellectual Property

The website, including all content, design elements, graphics, logos, trademarks, service marks, trade dress, software, code, data compilations, and the selection, arrangement, and presentation thereof, is owned by THAO NGUYEN LLC, our licensors, or our content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The THAO NGUYEN name, the thaonguyen.online domain, our logo, and all related branding elements are trademarks and service marks belonging to THAO NGUYEN LLC and may not be used, reproduced, or displayed without our express prior written permission.

The designs that appear on our products are either original creations of THAO NGUYEN LLC, licensed from third-party designers under appropriate agreements, or created using materials we have the right to use. These designs, whether offered as part of our standard catalog or created as custom work, remain the intellectual property of THAO NGUYEN LLC or our licensors. Your purchase of a physical product bearing a design does not transfer to you any ownership rights, copyright, trademark rights, or any other intellectual property rights in or to that design. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any design appearing on our products without our express written permission.

Limited License to Use the Website

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for lawful personal purposes, including browsing products, placing orders, and accessing account information. This license does not include any right to: reproduce, duplicate, copy, sell, resell, or exploit any portion of the website for commercial purposes; collect or use product listings, descriptions, or prices for any purpose other than your personal shopping; use any data mining, robots, or similar data gathering and extraction tools; frame, mirror, or otherwise replicate any portion of the website; or use the website in any manner that could damage, disable, overburden, or impair our servers or networks. We reserve the right to terminate this license at any time for any reason.

Third-Party Intellectual Property

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content appearing on the THAO NGUYEN LLC website infringes your copyright, trademark, or other intellectual property rights, please contact us immediately at nthaonguyen0909@gmail.com with a formal notice containing: a physical or electronic signature of the rights owner or authorized agent; identification of the copyrighted work claimed to be infringed; identification of the material on our website that is claimed to be infringing, with sufficient detail for us to locate it; your contact information, including name, address, telephone number, and email address; a statement that you have a good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf. We will respond to valid notices in accordance with applicable law, including the Digital Millennium Copyright Act.

User-Generated Content

We may provide opportunities for you to submit, post, or upload content to the website or to our associated platforms, including product reviews, photographs of your purchases, comments on our social media accounts, suggestions for new designs or products, testimonials, and other material. By submitting any User-Generated Content, you grant to THAO NGUYEN LLC a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content, in whole or in part, in any media format and through any distribution channel now known or hereafter developed, for any purpose related to our business, including marketing, advertising, product development, and quality improvement, without further notice to you, without attribution, and without compensation.

You represent and warrant that any User-Generated Content you submit is your original work, that you own all rights thereto, that it does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party, and that its use by THAO NGUYEN LLC as contemplated herein will not require any payment to or license from any third party. You further agree that your submissions will not contain any material that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable, as determined by us in our sole discretion.

We reserve the right, but undertake no obligation, to monitor, review, edit, or remove any User-Generated Content at any time and for any reason without notice. The views and opinions expressed in user reviews and comments are those of the individual contributors and do not necessarily reflect the views or policies of THAO NGUYEN LLC. We assume no liability for any User-Generated Content posted by you or any third party.

Prohibited Uses and Conduct

In addition to any other prohibitions set forth in these Terms and Conditions, you are strictly prohibited from using the website, our services, or any products purchased from us:

For any unlawful purpose or in violation of any applicable federal, state, provincial, local, or international law or regulation.
To solicit, enable, or participate in any fraudulent, deceptive, or criminal activity, including identity theft, payment fraud, or any form of financial misrepresentation.
To infringe upon or violate our intellectual property rights or the intellectual property rights of any third party.
To upload, transmit, or distribute any viruses, malware, ransomware, spyware, or any other code of a destructive, disruptive, or intrusive nature.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual or group based on race, ethnicity, gender, sexual orientation, religion, age, disability, national origin, or any other protected characteristic.
To engage in any conduct that restricts or inhibits any other user’s use or enjoyment of the website, or which we determine may be harmful to THAO NGUYEN LLC, our users, or the public.
To attempt to gain unauthorized access to any portion of the website, the server on which it is hosted, or any other systems or networks connected to our infrastructure, through hacking, password mining, or any other illegitimate means.
To use any automated means, including bots, spiders, scrapers, or any other data extraction tools, to access or monitor the website or to copy any content or information from it without our prior express written consent.
To misrepresent your identity or affiliation with any person or entity, or to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website.
To use the website or any product purchased from us to create, promote, or disseminate content that is pornographic, obscene, sexually explicit, or that exploits or endangers minors.
To resell any products purchased from us for commercial purposes without our explicit written authorization, such as through a wholesale or dropshipping agreement.
To interfere with the proper working of the website or to place an unreasonable or disproportionately large load on our infrastructure.

Any violation of these prohibitions may result in the immediate termination of your access to the website and our services, the cancellation of any outstanding orders without refund, and referral to law enforcement authorities where appropriate. We reserve the right to investigate and prosecute violations to the fullest extent permitted by law.

Third-Party Links and Tools

The website may, from time to time, contain links to third-party websites, applications, tools, or resources that are not owned, operated, or controlled by THAO NGUYEN LLC. These links are provided solely for your convenience and do not constitute or imply our endorsement, sponsorship, or recommendation of the linked content, products, services, or practices. We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party sites or services. You acknowledge and agree that THAO NGUYEN LLC shall not be liable for any damages, losses, or costs incurred as a result of your use of or reliance on any such third-party content, goods, or services. You are encouraged to review the terms and privacy policies of any third-party sites you visit.

We may also provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge that any such tools are provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which they are provided by their respective providers.

Disclaimer of Warranties and Limitation of Liability

The following provisions are critical and affect your legal rights. Please read them carefully.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, THAO NGUYEN LLC provides the website, its content, and all products and services on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice.

Without limiting the generality of the foregoing, we do not warrant that the website will be available at all times, uninterrupted, secure, or error-free; that defects or errors in the website’s functionality or content will be corrected; that the website or the server that makes it available is free of viruses or other harmful components; that the information provided on the website is accurate, complete, reliable, or current; or that the products you receive will exactly match the digital representations, given the inherent limitations of display technologies and monitor calibrations. Your use of the website and reliance on any information provided is solely at your own risk.

Limitation of Liability

In no event shall THAO NGUYEN LLC, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or any other economic loss, arising out of or in connection with your use of the website, your purchase or use of any products or services, your reliance on any content, or any other matter related to our business, whether based on contract, tort (including negligence), strict liability, breach of statutory duty, or any other legal theory, even if advised of the possibility of such damages.

To the extent that liability cannot be excluded or limited under applicable law, the total aggregate liability of THAO NGUYEN LLC for any and all claims arising out of or relating to these Terms and Conditions, the website, or any products or services purchased shall not exceed the total amount paid by you to THAO NGUYEN LLC during the twelve months preceding the event giving rise to the claim, or one hundred United States Dollars (USD $100.00), whichever is greater. This limitation applies to all causes of action in the aggregate and shall survive any failure of essential purpose of any limited remedy.

The disclaimers and limitations set forth in this section are fundamental elements of the bargain between you and THAO NGUYEN LLC. We would not be able to provide the website and services on an economically sustainable basis without such limitations, and they reflect a fair allocation of risk between the parties.

Exceptions Applicable in Certain Jurisdictions

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, such as death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation. Accordingly, some of the above disclaimers and limitations may not apply to you to the extent prohibited by the laws of your jurisdiction. In such cases, our liability shall be limited to the greatest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless THAO NGUYEN LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, made by any third party arising out of or relating to: your breach of these Terms and Conditions or the documents they incorporate by reference; your violation of any law, regulation, or the rights of any third party; your use of the website or your purchase or use of any products; your User-Generated Content; or any other act or omission by you that causes harm or liability to any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses and to not settle any such matter without our prior written consent.

Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions and any separate agreements whereby we provide products or services to you shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transaction conducted through the website.

Informal Dispute Resolution

We value our relationship with you and believe that most disputes can be resolved amicably through open communication and good faith negotiation. Before initiating any formal legal proceeding, you agree to first contact us directly at nthaonguyen0909@gmail.com or by calling +84865398983 to describe the nature of your concern and to engage in informal discussions aimed at achieving a mutually satisfactory resolution. If we are unable to resolve the dispute within sixty calendar days after your initial notification, either party may proceed to pursue other remedies as set forth below or as otherwise available under applicable law.

Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the website, or any products or services purchased from THAO NGUYEN LLC that cannot be resolved through informal negotiation shall be resolved exclusively through final and binding arbitration administered by a mutually agreed upon arbitration provider, rather than in court. The arbitration shall be conducted on an individual basis. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part thereof is void or voidable.

You and THAO NGUYEN LLC each waive the right to a trial by jury and the right to participate in any class, collective, consolidated, or representative proceeding. All disputes must be arbitrated on an individual basis only, and you and THAO NGUYEN LLC each agree not to join claims with those of any other person or entity or to seek relief on behalf of a class. If this class action waiver is found to be unenforceable for any reason, then the entirety of this arbitration provision shall be void, and any dispute shall be resolved in a court of competent jurisdiction.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to address claims involving unauthorized access to systems or data. Such claims may be brought without first engaging in the informal resolution process described above. Additionally, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of that court.

Venue for Any Court Proceedings

For any claims not subject to arbitration as set forth above, exclusive jurisdiction and venue shall lie in the state and federal courts located in Bernalillo County, New Mexico, and you consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum or lack of personal jurisdiction. You agree that any such claim shall be brought within one year after the cause of action accrues, or it shall be forever barred.

Force Majeure

THAO NGUYEN LLC shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions if such delay or failure is caused by circumstances beyond our reasonable control. Such circumstances, constituting a Force Majeure Event, include but are not limited to: acts of God, including earthquakes, floods, fires, hurricanes, tornadoes, and other natural disasters; war, terrorism, civil unrest, riots, or insurrection; epidemics, pandemics, or public health emergencies, and any governmental actions taken in response thereto; government orders, laws, regulations, or actions imposing restrictions that affect our ability to operate; strikes, lockouts, or other industrial disputes, whether involving our workforce or that of a third-party provider; failures or disruptions of the internet, telecommunications networks, power grids, or transportation infrastructure; embargoes, trade restrictions, or supply chain disruptions; and the unavailability or failure of any essential third-party service provider, including payment processors and shipping carriers.

During the pendency of a Force Majeure Event, our obligations under these Terms and Conditions, including order fulfillment and delivery, shall be suspended for the duration of the event plus a reasonable recovery period. We will make reasonable efforts to notify you of the occurrence of a Force Majeure Event and its anticipated impact on your order or our services. If the Force Majeure Event continues for a period exceeding sixty days, either party shall have the right to cancel affected orders, in which case we will issue a full refund.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information you provide through the website is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference. By using the website and providing personal information, you consent to the practices described in our Privacy Policy. We encourage you to review the Privacy Policy carefully to understand our data practices.

We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or method of electronic storage is one hundred percent secure. While we strive to protect your personal information, we cannot guarantee its absolute security. You acknowledge and agree that you provide your personal information at your own risk.

Termination and Survival

These Terms and Conditions are effective unless and until terminated by either you or THAO NGUYEN LLC. You may terminate these Terms at any time by ceasing to use the website and notifying us of your desire to close your account. We may terminate these Terms, your account, and your access to the website at any time with or without notice if, in our sole judgment, you have failed to comply with any provision of these Terms, or if we decide to discontinue the website or any portion thereof.

Notwithstanding any termination, the provisions of these Terms and Conditions that by their nature are intended to survive termination shall so survive, including without limitation: the provisions relating to intellectual property rights, your grant of license for User-Generated Content, disclaimers of warranties, limitations of liability, indemnification, governing law, dispute resolution, and any other provisions that are necessary to interpret or enforce the parties’ rights and obligations accrued prior to termination. Termination shall not affect any orders that have already been accepted and are in production or in transit, which shall continue to be governed by the Terms in effect at the time the order was placed.

General Provisions

Severability

If any provision of these Terms and Conditions is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be deemed severed from these Terms, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Furthermore, any such invalid or unenforceable provision shall, to the extent possible, be construed and modified to reflect the original intent of the parties as closely as possible while remaining valid and enforceable.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, Payment Methods page, and any other policies or operating rules posted by us on the website or communicated to you, constitute the entire agreement and understanding between you and THAO NGUYEN LLC and govern your use of the website and your purchase of products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us relating to such subject matter.

No Waiver

The failure of THAO NGUYEN LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any breach of any provision of these Terms shall be deemed a waiver of any preceding or subsequent breach, nor shall any single or partial exercise of any right preclude any other or further exercise of that right.

Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our prior express written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign, transfer, or delegate our rights and obligations under these Terms at our sole discretion without restriction, including as part of a merger, acquisition, corporate reorganization, or sale of substantially all of our assets. These Terms shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

No Third-Party Beneficiaries

Except as expressly provided herein, nothing in these Terms and Conditions is intended to confer any rights, benefits, remedies, obligations, or liabilities upon any third party not a party to this agreement.

Relationship of the Parties

No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms and Conditions. You and THAO NGUYEN LLC are independent contractors, and neither party shall have the authority to bind or commit the other party to any obligation.

Headings and Construction

The section headings used in this document are for organizational and reference purposes only and shall not be considered in the interpretation or construction of any provision hereof. The language used in these Terms shall be interpreted according to its fair meaning and shall not be strictly construed for or against either party, regardless of which party drafted the document.

Contact Information for Legal Notices

All legal notices, demands, or formal communications relating to these Terms and Conditions must be sent in writing to our designated contact points. For non-legal customer service inquiries, you may also use these contact points for prompt assistance.

THAO NGUYEN LLC
Attn: Legal Department
1209 Mountain Road PL NE STE R
Albuquerque, NM 87110
United States of America

Email: nthaonguyen0909@gmail.com
Phone: +84865398983

Notices sent by email shall be deemed received on the next business day following the day of transmission, provided that no bounce-back or delivery failure notification is received. Notices sent by postal mail shall be deemed received five business days after the date of posting for domestic mail, and ten business days for international mail.

We will communicate with you primarily through the email address you provide when placing an order or creating an account. You agree to receive communications from us electronically, and you acknowledge that such electronic communications satisfy any legal requirement that communications be in writing.

Acknowledgment and Agreement

By continuing to access, browse, or use the THAO NGUYEN LLC website, by creating an account, or by placing an order, you acknowledge that you have read these Terms and Conditions in their entirety, that you understand them, and that you agree to be legally bound by them. If you do not agree with any part of these Terms, you must immediately discontinue all use of the website and refrain from placing any orders.

You further acknowledge that these Terms and Conditions are subject to change, and you agree to review them periodically for any updates or modifications. Your continued use of the website following the posting of changes constitutes your acceptance of the modified Terms. The date of the last revision will be noted at the bottom of this page for your reference.

We encourage you to print or save a copy of these Terms and Conditions for your records. If you have any questions, concerns, or require clarification on any provision, please contact us using the information provided above before placing an order. Our customer service team will make every effort to address your questions and ensure that you fully understand the terms of our relationship.

Thank you for choosing THAO NGUYEN LLC. We are honored by your trust and committed to providing you with high-quality products, professional service, and a fair, transparent, and respectful business relationship.