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
I f 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
- Ocean Quay
- Belvidere Road
- Southampton
You can contact us by visiting www.Xado.co.uk/contactus
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