Terms & Conditions
1) TERMS AND CONDITIONS
In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Niven & White Ltd t/a 'XO LDN', Registered in England with the Company number 12570680. Located at 17 Gilmour Drive, Poole, England, BH17 8AB. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2) SALES CONTRACT
Orders placed by you on the website www.xoldn.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.
You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.
If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.
-This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
3) ORDER PLACEMENT
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.
After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.
We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.
Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.
Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.
All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.
5) PRICING AND VAT
All prices stated on this website include and are subject to the current rate of UK VAT at the then prevailing rate. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
VAT is not charged on orders outside the European Union.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakable and could have reasonably been recognised by the average customer as an error, we may end the Contract, refund you any sums you have paid and require return of any products provided to you.
This warranty is valid only to the original purchaser when a new piece is purchased from us.
This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.
This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.
Please notify XO LDN within 14 days of purchase in the event that you wish to claim a replacement for a defect.
7) LIMITATION OF LIABILITY
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:
provided that this shall be subject to an overall limit of the total amount paid to Bo and Tee Ltd under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.
The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)
Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
loss of profits;
loss of business opportunity;
loss of goodwill;
loss of data;
loss of anticipated savings; or
any special, indirect or consequential loss or damage whatsoever.
The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:
fraud or fraudulent misrepresentation; or
any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or
any other liability to the extent the same cannot be excluded or limited by law.
8) FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government;
and pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.
Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.
10) CONTACT INFORMATION
Questions about these terms and conditions should be directed to [email protected]