Terms & Conditions
Terms of Business
Terms and Conditions – Business Sales Only.
Welcome to this website provided XenonShop
This agreement applies to all of the websites where it is
Sites”)., you accept this Agreement and certify that you are above the
age of majority in your jurisdiction. Additional terms and conditions apply to
some services offered on the xenonshop site and may be found at the place where
the relevant service is offered.
We may change the terms of this Agreement from time to time. By
continuing to use any of the xenonshop sites after we post any such changes,
you accept the Agreement, as modified.
2.USE OF THE XENONSHOP
You certify that the information you provide on the Xenonshop
Sites is accurate and complete. You will be responsible for the confidentiality
of your password and for all statements made and acts or omissions that occur
on your account. If you believe someone has used your password or account
without your authorization, you must notify Xenonshop immediately. Your account
may also be restricted or terminated foray reason, at our sole discretion. We
may also change, restrict access to, suspend, or discontinue the Xenonshop
Sites, or any portion of the Xenonshop Sites, at any time without notice.
Xenonshop and its affiliates have no liability to you for
content on the Xenonshop Sites that you find offensive, indecent, or
objectionable. Certain videos, movies, TV programs, video games, and computer
games are labelled with age restrictions and may be intended for mature
audiences only. Bordering an age restricted item, you certify that you satisfy
the age restrictions.
We sell products for children’s use; however, these products are
intended for selling to adults. If you are under the age of majority in your
jurisdiction, you may use the Xenonshop Sites only with involvement of a parent
or guardian. Individuals may use the Xenonshop Sites to create gift or wish
lists for individuals, including children under the age of 13 by making product
selections for the child; additional personally identifiable information about
the child should not be provided.
You are prohibited from:
- Violating or attempting to
violate the security of the Xenonshop Sites;
- Using any device, software, or
routine to interfere or attempt to interfere with the proper working of
the Xenonshop Sites; or
- Using or attempting to use any
engine, software, tool, agent or other device or mechanism (except the
search mechanisms provided by Xenonshop or other third party web browsers)
to navigate or search the Xenonshop Sites.
Xenonshop allows users to submit and share comments, feedback,
submissions, suggestions, questions, reviews, and other content through the
Xenonshop Sites(“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole
author and owner of the Content; (2) you are at least 18 years old or if you
are under the age of 18, you are at least 13 years old and your submission has
been made under the supervision of a parent of legal guardian who agrees to be
bound by this Agreement; and (3) use of any Content you supply will not violate
any term of this Agreement and will not cause injury to any person or entity.
A. License Grant for Submitted Content
If you make any submission to the Xenonshop Sites, you
automatically grant, or warrant that the owner of such content has expressly
granted Xenonshop, a royalty-free, perpetual, irrevocable, worldwide,
unlimited, nonexclusive license to use, reproduce, create derivative works
from, modify, publish, edit, translate, distribute, perform, and display the
communication or content material in any media or medium, or any form, format,
or forum now known or hereafter developed. Xenonshop may sublicense its rights
through multiple tiers of sublicenses. You should not submit any Content tous
that you do not wish to license to us. Xenonshop is and shall be under no
obligation (1) to maintain any Content in confidence; (2) to pay any
compensation for any Content; or (3) to respond to any user Content. You grant
Xenonshop the right to use the name that you submit in connection with any
B. Prohibited Content
You represent and warrant that you will not submit the following
a) Content that is false, inaccurate, or misleading;
b) Content that contains your full name(s), or any other
confidential identifiable information of yourself or others;
c) Content that violates any local, state, federal, or
d) Content that infringes on the rights of others, including
patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e) Content that is unlawful, obscene, derogatory, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to any
other person or entity as determined by Xenonshop in its sole discretion;
f) Advertisements, solicitations or spam links to there web
sites or individuals, without prior written permission from Xenonshop;
g) Chain letters or pyramid schemes;
h) Content that impersonates another business, person or entity,
including Xenonshop, its related entities, employees and agents;
i) Content that contains viruses or other harmful computer code;
j) Content that victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age or disability;
k) Content that you were compensated or granted any compensation
by any third party unless otherwise authorized by Xenonshop in writing; or
l) Content that violates any policy posted on the Xenonshop
Sites, or interferes with the use of the Xenonshop Sites by others.
Although Xenonshop cannot monitor all Content, you understand
that Xenonshop shall have the right, but not the obligation, to monitor the
Content of the Xenonshop Sites to determine compliance with this Agreement and
any other operating rules that may be established by Xenonshop from time to
time. Xenonshop shall have the right, in its sole discretion, toed it, move,
delete, or refuse to post any Content submitted, to or posted on, the Xenonshop
Sites for any reason, including violation of this Agreement, whether for legal
or other reasons. Notwithstanding this right of ours, you are solely
responsible for any Content you submit and you agree to indemnify Xenonshop and
its affiliates for all claims resulting from any Content you submit.
4.THIRD PARTY SITES
on Xenonshop Sites to any names, marks, products, or services of third parties,
or links to third-party sites or information are not an endorsement, sponsorship,
or recommendation of the third party, its information, products, or services.
Xenonshop is not responsible for the content of any third party linked site or
any link contained in a linked site. Your use of a third-party site linked from
a Xenonshop Site is at your own risk and will be governed by such third party's
terms and policies.
5.ORDER ACCEPTANCE AND
billing information provided must be truthful and accurate. Providing any
untruthful or inaccurate information constitutes a breach of this Agreement and
may result in order cancellation. Prior to accepting an order we may also
request additional information from you. We reserve the right to refuse or
cancel an order for any reason including limitations on quantities available
for purchase, inaccuracies, or errors in product or pricing information, or
problems identified by our credit and fraud avoidance department. If your order
is cancelled after your credit card (or other payment account) has-been
charged, we will issue a credit to your credit card (or other applicable
payment account) in the amount of the charge. We will contact you fall or any
portion of your order is cancelled or if additional information is required to
accept your order. Xenonshop may request a pre-authorization for some orders
placed online with a credit or debit card. Thispre-authorization will not be
billed to you; however, your card issuer may hold this amount for a short
period. Your card issuer determines the length of time the pre-authorization is
held. We do this to ensure that the card details are still valid and that you
have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process,
you agree to accept and pay for the item(s). You will not be charged for most
orders until the order has shipped. Some other exceptions when you will be
charged at the time your order is placed are: (I) orders or pre-orders paid for
with a Gift Card, gift Card or Papal account.
Xenonshop reserves the right to limit the quantity of items
purchased per person, per household or per order for any reason. These
restrictions may apply to orders placed by the same account, the same credit
card, and also to orders that use the same billing and/or shipping address. We
will the notify customer should such limits be applied. Xenonshop also reserves
the right, at our sole discretion, to prohibit sales to dealers or resellers.
For purposes of this Agreement, reselling shall be defined as purchasing or
intending to purchase any product(s) from Xenonshop for the purpose of engaging
in a commercial sale of that same product(s) with a third party.
By purchasing a product from any of our Marketplace Retailers,
you acknowledge that all Marketplace orders will be fulfilled by the third
party Marketplace Retailer and not Xenonshop. The Marketplace Retailer will be
responsible for all processing, shipping, returns, and customer service related
to your Marketplace order. Products purchased from a Marketplace Retailer can
only be returned to that Marketplace Retailer in accordance with its return
policy and cannot be returned to Xenonshop stores orXenonshop.com. Each
Marketplace Retailer's shipping information, return policy, customer service
Retailer's Retailer Information page.
Xenonshop cannot confirm the price of an item until after your
order displaced. Pricing errors may occur on the Xenonshop Sites or
throughXenonshop Marketplace retailers. Xenonshop reserves the right to cancel
any orders containing pricing errors, with no further obligations to you, even
after your receipt of an order confirmation or shipping notice from Xenonshop.
Xenonshop may, at its discretion, either contact you for instructions or cancel
your order and notify you of such cancellation. Pricing for products may be
different on the Xenonshop Sites or from prices available in Xenonshop stores
or on Xenonshop mobile applications (pricing and availability remain subject to
confirmation at checkout for mobile users).
Promotional codes are limited in nature and may expire or
discontinue with or without notice. Promotional codes are void where prohibited
bylaw. Promotional codes may not be copied, sold, or otherwise offered. They
are not redeemable for cash and are subject to cancellation or change at any
time for any reason.
8.SHIPPING AND DELIVERY
For delivery restrictions, please review the following
Delivery times are determined based on the method of shipping chosen when items
are purchased and the destination of the items.
9.INFORMATION PROVIDED ON
Xenonshop and our customers post a variety of material on the
Xenonshop Sites including without limitation, merchandise information, product
descriptions, reviews, comments, health and prescription information, and In
Store Now information (collectively, “Materials”). The Materials that appear on
the Xenonshop Sites are for educational and informational purposes only.
Despite our efforts to provide useful and accurate information, errors may
appear from time to time. Before you act on information you have found on the
Xenonshop Sites, you should confirm any facts that are important to your
decision. Xenonshop and its information providers make no warranty as to the
reliability, accuracy, timeliness, usefulness, or completeness of the
information on the Xenonshop Sites. Xenonshop is not responsible for, and
cannot guarantee the performance of, goods and services provided by our
advertisers or others to whose sites we link. Product information contained on
the Xenonshop Sites may be different from information contained on the product
materials duet manufacturer changes. If you find a product is not as described,
your sole remedy is to return it in unused condition (excluding products
theatre not eligible for return).
XENONSHOP, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY
FOR ANYCONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION
YOU TAKEBASED ON THE MATERIALS LOCATED ON ANY OF THE XENONSHOP SITES.
The risk of loss and title to such gift cards passes to the
purchaser upon our electronic transmission to the recipient or delivery to the
carrier, whichever is applicable.
acknowledge that some goods licensed or sold on the Xenonshop Sites are subject
to the customs and export control laws and regulations of the United States of
America and may also be subject to the customs and export laws and regulations
of the country in which the products are manufactured and/or received and agree
to comply with all applicable laws. By purchasing, downloading or using
technology or software from the Xenonshop Sites, you agree to abide by the
applicable laws, rules and regulations and you agree, represent and warrant
that no Xenonshop Materials will be accessed from, downloaded in, released in,
carried to transferred to, trans-shipped through, exported to, or re-exported to
any restricted territory (or national resident thereof), any person, entity or
organization on the U.S. Treasury Department's List of Specially Designated
Nationals or the U.S. Department of Commerce's Denied Persons List or Entity
List, or otherwise in violation of law.
12. DEFECTIVE GOODS
Where we are not the manufacturer of the Products, we will
endeavour to transfer to you the benefit of any warranty or guarantee given to
us in relation to the Products.
Subject to conditions, we warrant on delivery and for a period
of 28 days from the date of delivery (warranty period), the Products shall:
conform in all material respects with their description;
be reasonably fit for purpose; and
be reasonably fit for any particular purpose for which the
Products are being bought if you have made known that purpose to us in writing
and we have confirmed in writing that the Products are fit for use for that
Subject to condition 12.4 if:
you give notice in writing to us as soon as possible following
(but in any event no later than 48 hours after) discovery that some or all of
the Products do not comply with the warranty set out in condition 12.1; and
we are given a reasonable opportunity of examining such
you return such products to our returns centre,
we shall, at our option, repair or replace the defective
Products, or refund the price of the defective Products in full.
we shall not replace used goods for new ones this is at our
discretion. Generally goods showing clear signs of use would be repaired and
return back to you within good time.
We shall not be liable for Products’ failure to comply with the
warranty stout in conditions listed here.
you make any further use of such Products after giving notice in
accordance with conditions
the defect arises because of a failure to follow the oral or
written instructions as to the storage, commissioning, installation, use and
maintenance of the Products or (if there are none) good trade practice; or
the defect arises as a result of us following a specification
supplied bayou; or
you alter or repair such Products without our written consent;
the defect arises as a result of fair wear and tear, wilful
damage, negligence, or abnormal storage or working conditions.
You will not have any right to cancel a Contract for the supply
of any of the following products remember these are business to business sales
so contracts are final. Remember these business sales do not offer a right to
“have trial” or “try before you buy” or return due to a “change of mind"
or because its “not as expected”.
Except as provided in this condition 5 we shall have no
liability to you in respect of the Products' failure to comply with the
warranty set out in condition 12.1.
For the avoidance of doubt we have no liability in respect to
any consequential losses
Except as set out in these Terms, all warranties, conditions and
other terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from the Contract.
Grade A, Grade B and Ex Display Products are highlighted as
being such odour Website at the time you place your order. For such products
the warranty and condition 12.1 shall be limited to 7 days.
You must check the Products on delivery and notify us promptly
of any problems or issues and in any event within 2 working days of delivery by
email, otherwise, via the email section on the Website and return the Products
to us within 14 working days of such notification from you by following our
Returns Online procedure. Please note that risk of the Products in transit
rests with you by virtue of conditions..
Please note that any Products returned to us which you claim to
be defective will be checked and verified by our technicians. Any returned
Products that aren't found to be defective will be returned to you and we may
charge you for the returned transport costs via your original payment method or
hold the Products until full payment has been received by us for the return
Any Products that you return to us are returned at your own
risk, therefore you should take reasonable care that any Products to be
returned are fully insured, correctly addressed and adequately packed and, if
it is agreed by us that you are returning them yourself rather than using our
returns collection service, carried by a reputable carrier.
For Products to be exchanged/replaced, any additional payments
required will be taken from you using the same payment method as for the
original purchase made by you. Replacement Products will not be despatched
until such payment has-been received.
Any refunds given under this Contract will only be made to the
account(s)from which payment for the Products was received.
Because these are business to business sales we will not accept
back goods due to a “change of mind” and where we do agree to accept unwanted
Products back from you we reserve the right to charge you a re-stocking fee of
the higher of 20% of the Product sales price or the sum of $30 (20gbp) which
you agree to pay upon re-stocking. Any such returned Products must be unopened
and in a fully resalable condition and if they are not or you have not paid
there-stocking fee we may refuse to accept the Products back.
DOA – For dead on arrival units (Which If you / your customer
receives goods which are discovered to be faulty upon arrival we do need to be
notified by email within 72 hours of the delivery. The best course of action to
take in these circumstances in order to satisfy your customer would be to re
order and pay for another item to be delivered to your customer from our
website once they've returned the DOA to you. Then in good time (Within 14
days) after you've received your RMA return authorization from us return the
faulty / damaged item back to us so we can test / inspect it. Please note we do
not wish to receive returns from your customer remember we are dealing with you
on a drop shipping basis so we do wish to remain in the background and your
customer should return the goods to you and then you return them back to us in
Note we do not reimburse postal charges for returning to us, for
you as retailer there are certain costs you must consider when pricing your
If you becomes subject to any of the events listed in condition
6.2, or we reasonably believe that you are about to become subject to any of
them and notify you accordingly, then, without limiting any other right or
remedy available to us, we may cancel or suspend all further deliveries under
the Contract or under any other contract between us and you without incurring
any liability to you, and all outstanding sums in respect of Products delivered
to you shall become immediately due.
For the purposes of condition 6.1, the relevant events are:
material breach by you of any of your obligations under this
you suspend, or threaten to suspend, payment of your debts or
are unable today your debts as they fall due or admit inability to pay your
debts or (being company) are deemed unable to pay your debts within the meaning
of section123 of the Insolvency Act 1986, or (being an individual) are deemed
either unable to pay your debts or as having no reasonable prospect of so
doing, neither case, within the meaning of section 268 of the Insolvency Act
1986, or(being a partnership) have any partner to whom any of the foregoing
you commence negotiations with all or any class of your
creditors with view to rescheduling any of your debts, or makes a proposal for
or enter into any compromise or arrangement with yours creditors; or
(being an individual) you are the subject of a bankruptcy
petition or order; or
one or more of your creditors or encumbrances attaches or takes
possession of, or a distress, execution, sequestration or other such process is
levied or enforced on or sued against, the whole or any part of your assets and
such attachment or process is not discharged within 14 days; or
(being a company) an application is made to court, or an order
is made, for the appointment of an administrator or if a notice of intention to
appoint an administrator is given or if an administrator is appointed over you;
(being a company) a floating charge holder over your assets has
become entitled to appoint or has appointed an administrative receiver; or
a person becomes entitled to appoint a receiver over your assets
or receiver is appointed over your assets; or
any event occurs, or proceeding is taken, with respect to you in
any jurisdiction to which it is subject that has an effect equivalent or similar
toady of the events mentioned in condition 7.2.1 to 7.2.8 (inclusive); or
you suspend, threaten to suspend, cease or threaten to cease to
carry on allot substantially the whole of your business; or
(being an individual) you die or, by reason of illness or
incapacity(whether mental or physical), are incapable of managing your own
affairs or become a patient under any mental health legislation.
14. Prices and Payment
The prices for the Products and delivery are as set out on the
Website at the time of purchase or in the case of Manual Input Orders are as
set out incur quotation or order acknowledgement. In addition to the price you
may be required to pay a delivery charge for the Products details of which
redisplayed on our Website or in the case of Manual Input Orders are as set
outing our quotation or order acknowledgement. Payment is due at the time of
For all orders for Products that are not on our standard stock
list, which are being made to your order or which are or have been acquired by
us specifically to fulfil your order you must pay 10 per cent (10%) of the
total sum, or such higher amount as may be agreed between the parties, due as
anon-refundable deposit prior to or upon placing the order. For the avoidance
of doubt such order will not be despatched until such time as the full sum is
received by us in cleared funds and if you choose to pay in full for the
Products upfront then 10 per cent (10%) of the total sum or such higher amounts
may be agreed in writing between the parties will be regarded as being
Time for payment is of the essence of the Contract.
The price for the Products shall be exclusive of any value added
tax and all costs or charges in relation to packaging, loading, unloading,
carriage and insurance, all of which amounts you shall pay in addition when you
are due to pay for the Products.
If you fail to pay us any sum due pursuant to the Contract, you
shall be liable to pay interest to us on such sum from the due date for payment
at the annual rate of 4% above the base rate from time to time of Bank rates,
accruing on daily basis until payment is made, whether before or after any
Payments may also be made by credit or debit card, by ACH or
wire transferor by cheque and we shall not despatch any Products until we
receive cleared funds. No payment shall be deemed to have been received until
we have received cleared funds.
If you pay as set out in condition 76, your payment will be
processed by secure connection at the time you place your order on the relevant
section of the Website.
15. INTELLECTUAL PROPERTY
copyrights, trademarks, trade dress, other intellectual property and materials,
including page headers, images, text, illustrations, formats, logos, designs,
icons, photographs, programs, music clips or downloads, video clips and written
and other materials (collectively, the "IP") are owned, controlled or
licensed by Xenonshop, one of its affiliates or by third parties who have
licensed their materials to Xenonshop and are protected by U.S. and
international trademark and copyright laws. You may access, view, download, and
print the IP and all other materials displayed on the Xenonshop Sites for your
personal, non-commercial use only; provided, however, that you(1) retain all
copyright, trademark or other proprietary designations contained on all IP; (2)
do not modify or alter the IP in any way; and (3) do not provider make
available the IP to any third party in a commercial manner. No license, right,
title, or interest in any materials or software is transferred to you as a
result of your use of the Xenonshop Sites or your accessing, viewing,
downloading, or printing of the IP. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in part,
any of the IP, the Xenonshop Sites or any related software. All software used
on the Xenonshop Sites is the property of Xenonshop or its suppliers and
and international copyright laws. The IP and software on the Xenonshop Sites
may be used only as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the IP on this Site is strictly prohibited. The compilation
(meaning the collection, arrangement, and assembly) of all IP on the Xenonshop
Sites is the exclusive property of Xenonshop and is also protected by U.S. and
international copyright laws. U.S.
Xenonshop,, the Xenonshop.com names and logos, and all other
graphics, logos, page headers, button icons, scripts, and service names
included in or made available through any of the Xenonshop Sites are trademarks
or trade dress of Xenonshop in the
and other countries. All other
marks are the property of their respective companies. U.S.
have made significant efforts to accurately display the colours of products
that appear on the Xenonshop Sites. However, as the actual colors you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
colour will accurately reflect actual product colour or finish.
acknowledge that any personal information that you provide through the
Xenonshop Sites will be used by Xenonshop in accordance with Xenon shop's
are incorporated here by this reference. If you purchase an item on
Xenonshop.com sold by a Marketplace Retailer, Xenonshop shares certain
information with that Marketplace Retailer to permit the Marketplace Retailer
to fulfil and ship your order, process returns, and provide customer service.
Xenonshop requires Marketplace Retailers to keep your information secure and
use it only in accordance with the Marketplace Retailer's Marketplace ace
agree to defend, indemnify, and hold harmless Xenonshop and its affiliates from
and against any and all claims, damages, costs, and expenses, including
attorneys' fees, arising from or related to your use of the Xenonshop Sites or
any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Xenonshop. You may terminate this Agreement at any time, provided that you discontinue any further use of the Xenonshop Sites. Xenonshop also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Xenonshop Sites, if in Xenon shop'