Our Conditions
of Use & Sale
Welcome to Xado.co.uk. Xado.co.uk and its
affiliates provide access to the Xado.co.uk
website (the "website") and sell our products to you subject to the
conditions set out on this page.
Please read these conditions carefully before
using the Xado.co.uk
website. By using the Xado.co.uk website, you signify your agreement to
be bound
by these conditions. In addition, when you use any current or future
Xado.co.uk
services, you will also be subject to the guidelines and conditions
applicable
to that service.
- Conditions
Relating to Your Use of Xado.co.uk
- Conditions
Relating to the Sale of Products to You
- Conditions
Relating to Both Your Use of Xado.co.uk and Sales to You
Conditions
Relating to Your Use of Xado.co.uk
1. Your Account
If you use the website, you are responsible for
maintaining the
confidentiality of your account and password and for restricting access
to your
computer to prevent unauthorised access to your account. You agree to
accept
responsibility for all activities that occur under your account or
password. You
should take all necessary steps to ensure that the password is kept
confidential
and secure and should inform us immediately if you have any reason to
believe
that your password has become known to anyone else, or if the password
is being,
or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with
are correct and complete
and inform us immediately of any changes to the information that you
provided
when registering. You can access and update much of the information you
provided
us with in the Your
Account area of the website.
Xado.co.uk reserves the right to refuse access to
the website, terminate
accounts, remove or edit content, or cancel orders at our discretion.
If we
cancel an order, it will be without charge to you.
2. Privacy
Please review our Privacy
Notice, which also governs your visit to Xado.co.uk, to understand
our
practices.
3. Access to Xado.co.uk
We will do our utmost to ensure that availability
of the website will be
uninterrupted and that transmissions will be error-free. However, due
to the
nature of the Internet, this cannot be guaranteed. Also, your access to
the
website may also be occasionally suspended or restricted to allow for
repairs,
maintenance, or the introduction of new facilities or services. We will
attempt
to limit the frequency and duration of any such suspension or
restriction.
4. Licence for website access
Xado.co.uk grants you a limited licence to access
and make personal use of
this website, but not to download (other than page caching) or modify
it, or any
portion of it, except with express written consent of Xado.co.uk. This
licence
does not include any resale or commercial use of this website or its
contents;
any collection and use of any product listings, descriptions, or
prices; any
derivative use of this website or its contents; any downloading or
copying of
account information for the benefit of another merchant; or any use of
data
mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may
not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any
commercial purpose without our express written consent.
You may not frame or use framing techniques to
enclose any trademark, logo,
or other proprietary information (including images, text, page layout,
or form)
of Xado.co.uk and its affiliates without express written consent. You
may not
use any meta tags or any other "hidden text" utilising Xado.co.uk's or
its affiliates' names or trademarks without the express written consent
of
Xado.co.uk.
Any unauthorised use terminates the permission or license granted by
Xado.co.uk.
You are granted a limited, revocable, and
non-exclusive right to create a
hyperlink to the Welcome page of Xado.co.uk as long as the link does
not portray
Xado.co.uk, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use
any Xado.co.uk
logo or other proprietary graphic or trademark as part of the link
without our
express written consent.
5. Your conduct
You must not use the website in any way that
causes, or is likely to cause,
the website or access to it to be interrupted, damaged or impaired in
any way.
You understand that you, and not
Xado.co.uk, are responsible for all
electronic communications and content sent from your computer to us and
you must
use the website for lawful purposes only.
You must not use the website for any of the
following:
- for
fraudulent purposes, or in connection with a criminal offence or other
unlawful activity
- to
send, use or reuse any material that is illegal, offensive, abusive,
indecent, defamatory, obscene or menacing; or in breach of copyright,
trademark, confidence, privacy or any other right; or is otherwise
injurious to third parties; or objectionable; or which consists of or
contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam"
- to
cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other
content
Users of this website may post reviews, comments
and other content; send
communications; and submit suggestions, ideas, comments, questions, or
other
information, as long as the content is not illegal, obscene, abusive,
threatening, defamatory, invasive of privacy, infringing of
intellectual
property rights, or otherwise injurious to third parties, or
objectionable and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam."
You may not use a false e-mail address, impersonate any person or
entity, or
otherwise mislead as to the origin of any content. Xado.co.uk reserves
the right
(but not the obligation) to remove or edit any content.
If you do post content or submit material, and
unless we indicate otherwise,
you grant Xado.co.uk and its affiliates a non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
and display
such content throughout the world in any media. You grant Xado.co.uk
and its
affiliates and sublicensees the right to use the name that you submit
in
connection with such content, if they choose. You agree to waive your
right to
be identified as the author of such content and your right to object to
derogatory treatment of such content. You agree to perform all further
acts
necessary to perfect any of the above rights granted by you to
Xado.co.uk,
including the execution of deeds and documents, at the request of
Xado.co.uk.
You represent and warrant that you own or
otherwise control all of the rights
to the content that you post; that, as at the date that the content or
material
is submitted to Xado.co.uk: (i) the content and material is accurate;
(ii) use
of the content and material you supply does not breach any applicable
Xado.co.uk
policies or guidelines and will not cause injury to any person or
entity
(including that the content or material is not defamatory). You agree
to
indemnify Xado.co.uk and its affiliates for all claims brought by a
third party
against Xado.co.uk or its affiliates arising out of or in connection
with a
breach of any of these warranties.
7. Defamation claims
Because Xado.co.uk lists millions of products for
sale on the website and
hosts many thousands of comments, it is not possible for us to be aware
of the
contents of each product listed for sale, or each comment or review
that is
displayed. Accordingly, Xado.co.uk operates on a "notice and takedown"
basis. If you believe that any content on, or advertised for sale on,
the
website contains a defamatory statement, please notify us immediately
and we
will instigate our defamatory procedure. Once this procedure has
been followed, Xado.co.uk will make all reasonable endeavours to remove
the
defamatory content complained about within a reasonable time.
8. Copyright and database rights
All content included on the website, such as text,
graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software,
is the property of Xado.co.uk, its affiliates or its content suppliers
and is
protected by United Kingdom and international copyright and database
right laws.
The compilation of all content on this website is the exclusive
property of Xado.co.uk
and its affiliates and is protected by United Kingdom and international
copyright and database right laws. All software used on this website is
the
property of Xado.co.uk, our affiliates or our software suppliers and is
protected by United Kingdom and international copyright laws.
You may not systematically extract and/or
re-utilise parts of the contents of
the website without Xado.co.uk's express written consent. In
particular, you may
not utilise any data mining, robots, or similar data gathering and
extraction
tools to extract (whether once or many times) for re-utilisation of any
substantial parts of this website, without Xado.co.uk's express written
consent.
You also may not create and/or publish your own database that features
substantial (eg our prices and product listings) parts of this website
without Xado.co.uk's
express written consent.
9. Trademarks
Xado.CO.UK and other marks indicated on our
website are trademarks or registered trademarks of Xado.co.uk or its
subsidiaries, in the European Union and/or other
jurisdictions. Xado.co.uk's graphics, logos, page headers, button
icons, scripts
and service names are the trademarks or trade dress of Xado.co.uk.
Xado.co.uk's trademarks
and trade dress may not be used in connection with any product or
service that
is not Xado.co.uk's, in any manner that is likely to cause confusion
among customers,
or in any manner that disparages or discredits Xado.co.uk. All other
trademarks not
owned by Xado.co.uk that appear on this website are the property of
their respective
owners, who may or may not be affiliated with, connected to, or
sponsored by Xado.co.uk.
Conditions
Relating to the Sale of Products to You
10. Our contract
When you place an order to purchase a product from
Xado.co.uk, we will send
you an e-mail confirming receipt of your order and containing the
details of
your order. Your order represents an offer to us to purchase a product
which is
accepted by us when we send e-mail confirmation to you that we've
dispatched
that product to you (the "Dispatch Confirmation E-mail"). That
acceptance will be complete at the time we send the Dispatch
Confirmation E-mail
to you. Any products on the same order which we have not confirmed in a
Dispatch
Confirmation E-mail to have been dispatched do not form part of that
contract.
11. Returns
Please review our Returns
Policy, which applies to products purchased from us. In addition to
your
30-day returns guarantee, customers in the European Union are entitled
to a
statutory cooling-off period of seven business days. Details of this
statutory
right and an explanation of how to exercise it are provided in the
order
confirmation e-mail and in the Returns
Policy.
12. Pricing and availability
We list availability information for products sold
by us on the website,
including on each product information page. Beyond what we say on that
page or
otherwise on the website, we cannot be more specific about
availability. Please
note that dispatch estimates are just that. They are not guaranteed
dispatch
times and should not be relied upon as such. As we process your order,
we will
inform you by e-mail if any products you order turn out to be
unavailable.
Despite our best efforts, a small number of the
millions of products in our
catalogue are mispriced. Rest assured, however, that we verify prices
as part of
our dispatch procedures. If a product's correct price is lower than our
stated
price, we charge the lower amount and send you the product. If a
product's
correct price is higher than our stated price, we will, at our
discretion,
either contact you for instructions before dispatch or cancel your
order and
notify you of such cancellation.
13. Customs
When ordering goods from Xado.co.uk for delivery
overseas you may be subject
to import duties and taxes, which are levied once the package reaches
the
specified destination. Any additional charges for customs clearance
must be
borne by you; we have no control over these charges and cannot predict
what they
may be. Customs policies vary widely from country to country, so you
should
contact your local customs office for further information.
Additionally, please
note that when ordering from Xado.co.uk, you are considered the
importer of
record and must comply with all laws and regulations of the country in
which you
are receiving the goods. Your privacy is important to us and we know
that you
care about how information about your order is used and shared. We
would like
our international customers and customers dispatching products
internationally
to be aware that cross-border deliveries are subject to opening and
inspection
by customs authorities.
Conditions
Relating to Both Your Use of Xado.co.uk
and Sales to You
14. Children
Xado.co.uk does not sell products for purchase by
children. We sell
children's products for purchase by adults. If you are under 18, you
may use Xado.co.uk
only with the involvement of a parent or guardian.
15. Other businesses
Parties other than Xado.co.uk and its subsidiaries
operate stores, provide
services, or sell product lines on this website. For example,
businesses and
individuals offer products via Marketplace, zShops and Auctions. In
addition, we
provide links to the websites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we
do not
warrant or endorse the offerings of any of these businesses or
individuals, or
the content of their websites. Xado.co.uk does not assume any
responsibility or
liability for the actions, products, and content of any of these and
any other
third-parties. You can tell when a third-party is involved in your
transactions,
and we may share customer information related to those transactions
with that
third-party. You should carefully review their privacy statements and
other
conditions of use.
16. Electronic communications
When you visit Xado.co.uk or send e-mails to us,
you are communicating with
us electronically. We communicate with you by e-mail or by posting
notices on
the website. For contractual purposes, you consent to receive
communications
from us electronically and you agree that all agreements, notices,
disclosures
and other communications that we provide to you electronically satisfy
any legal
requirement that such communications be in writing. This condition does
not
affect your statutory rights.
17. Losses
Xado.co.uk will be responsible for any losses you
suffer as a result of us
breaching these conditions if the losses were reasonably foreseeable to
both you
and us when you commenced using the website, or a contract for the sale
of goods
by us to you was formed. We will not be responsible for any business
loss
(including loss of profits, revenue, contracts, anticipated savings,
data,
goodwill or wasted expenditure) or any other indirect or consequential
loss that
is not reasonably foreseeable to both you and us when you commenced
using the
website or when a contract for the sale of goods by us to you was
formed. Xado.co.uk
does not limit in any way our liability by law for death or personal
injury
caused from our negligence or breach of duty.
18. Alteration of Service or Amendments to the
Conditions
We reserve the right to make changes to our
website, policies, and these
Conditions of Use & Sale at any time. You will be subject to the
policies
and Conditions of Conditions of Use & Sale in force at the time
that you use
the website or that you order goods from us, unless any change to those
policies
or these conditions is required to be made by law or government
authority (in
which case it will apply to orders previously placed by you). If any of
these
conditions is deemed invalid, void, or for any reason unenforceable,
that
condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
19. Events beyond our resonable control
We will not be held responsible for any delay or
failure to comply with our
obligations under these conditions if the delay or failure arises from
any cause
which is beyond our reasonable control. This condition does not affect
your
statutory rights.
20. Waiver
If you breach these conditions and we take no
action, we will still be
entitled to use our rights and remedies in any other situation where
you breach
these conditions.
21. Governing law and jurisdiction
These conditions are governed by and construed in
accordance with the laws of
England and Wales. You agree, as we do, to submit to the non-exclusive
jurisdiction of the English courts.
22. Our details
Xado.co.uk is the trading name for Fleetwater
Marine Ltd.
This website is owned and operated by Fleetwater
Marine Ltd and "eShops" parts of
the website, together with any other third-party seller programmes
operated on
the website from time to time are operated by Xado.co.uk.
For the Xado.co.uk website:
Xado.co.uk Returns Department
Dock Lane
Beaulieu
BROCKENHURST SO42 7YJ
United Kingdom
You can contact us by visiting www.Xado.co.uk/contactus
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