Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to XENTEN. The terms "we", "us" and "our" refer to XENTEN, operated by XENTEN LTD.
XENTEN operates this online store and website, including the information, content, features, tools, products and services made available through it (the "Services"). Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service ("Terms"), together with our Privacy Policy, Return and Refund Policy, Shipping Policy and any other policies referred to on our website, set out the terms on which you may access our Services and purchase products from us.
Please read these Terms carefully before using our website or placing an order. Nothing in these Terms affects your statutory rights as a consumer.
SECTION 1 - ACCESS AND ACCOUNTS
By using our Services, you confirm that you have the legal capacity to enter into these Terms. If you allow a minor to use the Services, you are responsible for their use of the Services where permitted by applicable law.
You may be asked to provide information including your name, email address, billing information, payment information and delivery address. You agree that information you provide will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, specifications, prices and other information displayed on our website are accurate.
Colours and appearance may vary slightly depending on your device and display settings. Product packaging may also differ from images displayed on our website.
We reserve the right to change or discontinue products and to limit quantities or availability where reasonably necessary.
Nothing in this section excludes or limits your statutory rights, including your rights in relation to goods that are faulty, not as described or otherwise fail to conform to the contract.
SECTION 3 - ORDERS AND CONTRACT FORMATION
When you place an order, you are making an offer to purchase the products in your order.
Receipt of an order does not necessarily mean that we have accepted it. A contract between you and XENTEN is formed when we confirm acceptance of your order.
We may decline or cancel an order where reasonably necessary, including where a product is unavailable, there has been an obvious pricing or description error, payment cannot be authorised, we reasonably suspect fraud or misuse, or we are unable to fulfil the order.
If we cannot accept your order and payment has already been taken, we will refund amounts due to you.
Please check your order information carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible at info@xenten.co.uk. We cannot guarantee that an order can be changed once it has entered fulfilment or dispatch.
Your statutory cancellation rights and our returns arrangements are explained in our Return and Refund Policy.
SECTION 4 - PRICES AND PAYMENT
Product prices will be displayed on our website at the time you place your order.
Any applicable delivery charges will be displayed during the ordering process before you complete your purchase.
We reserve the right to change prices at any time, but changes will not normally affect an order that we have already accepted.
You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use the payment method provided.
If an obvious pricing error occurs, we may contact you to give you the option of purchasing at the correct price or cancelling the order.
SECTION 5 - SHIPPING AND DELIVERY
We arrange delivery to the delivery address supplied when you place your order.
Products may be fulfilled by third-party fulfilment partners or suppliers acting on our behalf. Regardless of who physically dispatches your order, your purchase contract remains with XENTEN and XENTEN remains responsible to you for fulfilling our obligations as the retailer.
Orders containing multiple products may be dispatched separately and may arrive in more than one parcel.
Delivery dates and times shown are estimates unless expressly stated otherwise.
We are responsible for goods during delivery in accordance with applicable consumer law. Risk in the goods generally passes to you when the goods come into your physical possession, or into the physical possession of a person identified by you to receive them, subject to applicable law.
Please see our Shipping Policy for further delivery information.
SECTION 6 - INTELLECTUAL PROPERTY
The content made available through the Services, including our branding, logos, text, graphics, website design and other materials, is owned by or licensed to XENTEN, XENTEN LTD or the relevant rights holder and is protected by applicable intellectual property laws.
You may use our website for your personal, non-commercial use. You must not reproduce, distribute, republish, commercially exploit or otherwise use protected material from our Services without permission from the relevant rights holder, except where permitted by law.
XENTEN names, logos and branding may not be used without our prior written permission. Shopify's names, logos and trademarks belong to Shopify or its applicable rights holders.
SECTION 7 - THIRD-PARTY TOOLS
We may provide access to tools, applications or services supplied by third parties.
Third-party services may be subject to their own terms and privacy policies. Where you choose to use such services, you should review the applicable third-party terms.
We may introduce new features, tools or services from time to time. Where provided through our Services, these Terms will apply unless otherwise stated.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
We are not responsible for the content, availability or practices of third-party websites that we do not control. If you choose to visit a third-party website, you should review its applicable terms and privacy policies.
Nothing in this section limits any responsibility that cannot lawfully be excluded.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
XENTEN is powered by Shopify, which provides the ecommerce technology that enables us to provide our online store.
Purchases made through our store are made from XENTEN and not from Shopify. XENTEN is the retailer responsible for your order and for our obligations to you in connection with your purchase.
Shopify may process information in connection with providing its platform and services, as explained in the applicable privacy information.
SECTION 10 - PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable data-protection law.
Our store is hosted using Shopify's platform. As part of providing the ecommerce platform and related services, Shopify may process certain personal information.
Please review our Privacy Policy for further information about how personal information is collected, used, shared and protected.
SECTION 11 - REVIEWS AND FEEDBACK
If you submit reviews, comments, suggestions or other content ("Feedback") to us, you confirm that you have the right to provide that Feedback and that it does not infringe another person's rights or violate applicable law.
You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish Feedback for purposes connected with operating, improving and promoting XENTEN and our Services, subject to applicable law.
We may moderate or remove Feedback where we reasonably consider it unlawful, misleading, abusive, defamatory, infringing, fraudulent, obscene or otherwise inappropriate.
SECTION 12 - ERRORS, INACCURACIES AND AVAILABILITY
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, prices, promotions, delivery charges, delivery times or product availability.
We may correct errors and update information where reasonably necessary.
If an error materially affects an order you have already placed, we will deal with the matter fairly and in accordance with applicable consumer law. Nothing in this section affects your statutory rights.
SECTION 13 - PROHIBITED USES
You may use our Services only for lawful purposes.
You must not use the Services to break applicable laws or regulations; infringe the rights of others; transmit malicious software; commit or facilitate fraud; impersonate another person; submit deliberately false or misleading information; interfere with the security or operation of the Services; unlawfully collect personal information; or engage in activity intended to damage XENTEN, Shopify, our customers or other users.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially breached or where necessary to protect the Services, our customers or other parties.
SECTION 14 - AUTOMATED SYSTEMS AND AGENTS
Automated systems, bots, agents, scraping tools or similar technologies must not access or interact with our Services in a way that breaches applicable law, circumvents security or access restrictions, interferes with operation of the Services, misrepresents automated activity as human activity, or extracts content or data without lawful authority.
We may take reasonable technical measures to protect our Services from abusive or unauthorised automated access.
SECTION 15 - SUSPENSION AND TERMINATION
We may suspend or terminate access to all or part of the Services where reasonably necessary, including where these Terms have been materially breached, where unlawful or fraudulent activity is suspected, or where necessary to protect our Services or users.
Termination does not affect rights or liabilities that arose before termination or provisions that are intended to continue afterwards.
SECTION 16 - WARRANTIES AND CONSUMER RIGHTS
Nothing in these Terms excludes or restricts rights or remedies that you have under applicable consumer law.
Products supplied to consumers must meet the standards required by applicable law, including relevant requirements concerning quality, fitness for purpose and correspondence with description.
While we aim to keep our website available and accurate, we cannot guarantee that access to the website will always be uninterrupted or error-free.
SECTION 17 - LIABILITY
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill, subject to applicable law.
We are not responsible for losses that were not foreseeable when the contract was formed or for business losses arising from a purchase made wholly or mainly for personal use, except where applicable law provides otherwise.
Nothing in this section affects your statutory rights.
SECTION 18 - YOUR RESPONSIBILITIES
You are responsible for using our Services lawfully and in accordance with these Terms.
To the extent permitted by law, you may be responsible for losses reasonably incurred by us as a direct result of your unlawful use of the Services or material breach of these Terms.
Nothing in this section requires a consumer to indemnify us for matters for which it would be unfair or unlawful to impose liability.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, and the remaining provisions will continue in effect where legally possible.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.
These Terms, together with the policies and information expressly incorporated into them, constitute the agreement between you and us regarding your use of the Services and purchases made through the website, subject always to your statutory rights.
SECTION 21 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms to another person without our consent, except where applicable law gives you the right to do so.
We may transfer our rights or obligations where permitted by law, provided that doing so does not reduce your rights under these Terms or applicable consumer law.
SECTION 22 - GOVERNING LAW
These Terms and any contract between you and XENTEN are governed by the laws of England and Wales.
If you are a consumer resident elsewhere in the United Kingdom, you retain the benefit of any mandatory protections available to you under the laws applicable in the part of the United Kingdom in which you live.
Nothing in these Terms affects your statutory rights as a consumer.
SECTION 23 - HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO THESE TERMS
We may update these Terms from time to time, including to reflect changes to our Services, business practices or applicable law.
The current version will be made available on this page.
Changes will not retrospectively remove or reduce rights that you have under an existing consumer contract where doing so would be unlawful. Where required by applicable law, we will provide appropriate notice of material changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms should be sent to:
Trading name: XENTEN
Legal company name: XENTEN LTD
Company registration number: 17438678
Registered in: England and Wales
Email: info@xenten.co.uk
Registered office: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
The registered office is our statutory company address and is not a customer returns address.
If you need to return a product, please contact info@xenten.co.uk before sending it so that we can provide the appropriate return instructions.