Terms And Conditions

Know about our terms and conditions

Background

This agreement applies as between you, the User of this Website or Purchaser and Xenon Distribution Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

  1. Definitions and Interpretation
    In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Xenon Distribution Limitedadvertises and / or makes available for sale through this Website;
“Xenon Distribution Ltd” means Xenon Distribution Limited113 Waxham, Mansfield Road, NW3 2JL, London, United Kingdom;
“Service” means collectively any online facilities, tools, services or information that Xenon Distribution Limitedmakes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser” means any person or business that buys Goods from Xenon Distribution Limitedfrom this Website;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“System” means any online communications infrastructure that Xenon Distribution Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Xenon Distribution Limitedand acting in the course of their employment; and
“Website” means the website that you are currently using (https://www.xenondistribution.co.uk) and any sub-domains of this site.
  1. Business Customers
    These Terms and Conditions apply to business customers only.
  2. International Customers
    If Goods are being ordered from outside Xenon Distribution Limited’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Xenon Distribution Limitedis not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Xenon Distribution Limited gives no guarantee that the packaging of the Goods will be free of signs of tampering.

 

  1. Intellectual Property
    1. All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Xenon Distribution Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    2. Subject to clause 4.3, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Xenon Distribution Limited.
    3. Product images may be made available to you by Xenon Distribution Limitedat their discretion, or you may be provided with an option to purchase product images. These images can then be used subject to the following conditions:
      1. Images remain the sole intellectual property of Xenon Distribution Limitedand/or its subsidiaries / parent company.
      2. For images when you have been explicitly granted usage, you are permitted to use them only within your business and on promotional materials for your business, for example on your website or on print documents promoting your business. You may not distribute these images to any third party for them to use for their own purposes. If you are unsure of whether any particular usage is permitted, you should contact Xenon Distribution Limited.
      3. Xenon Distribution Limitedreserve the right to revoke permission to use these images at any point.
      4. You do not have permission to use any images other than those you have been explicitly granted access to, this includes thumbnail images.
      5. You may not “hotlink” to the images. This means that you may not link directly to the products on our website from your website. If you have been granted access to a picture, you should take a copy of the image for use on your own website.
    4. Direct Dispatch
      Should you be accepted to use Xenon Distribution Limited’s direct dispatch services, you will also be bound by the separate terms that govern this service. These terms can be found on the Direct Dispatch section of the Website once you have logged in to your account.
    5. Links to Other Websites
      This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Xenon Distribution Limitedor that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
    6. Use of Communications Facilities
      1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
        1. obscene or vulgar language must not be used;
        2. Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
        3. Content that is intended to promote or incite violence must not be submitted;
        4. the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
        5. Users must not impersonate other people, particularly employees and representatives of Xenon Distribution Limitedor our affiliates; and
        6. our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
      2. You acknowledge that Xenon Distribution Limitedreserves the right to monitor any and all communications made to us or using our System.
      3. You acknowledge that Xenon Distribution Limitedmay retain copies of any and all communications made to us or using our System.
      4. You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
    7. Accounts
      1. In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
        1. all information you submit is accurate and truthful;
        2. if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
        3. you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

  1. It is recommended that you do not share your Account details, particularly your username and password. Xenon Distribution Limitedaccepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  2. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Xenon Distribution Limitedimmediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Xenon Distribution Limitedaccepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
  1. Termination and Cancellation
    1. Either Xenon Distribution Limitedor a User may terminate an Account. If Xenon Distribution Limitedterminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
    2. If Xenon Distribution Limitedterminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
    3. Xenon Distribution Limitedreserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
    4. If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any money paid in relation to those purchases.
    5. If a User terminates their Account, any non-dispatched purchases will be cancelled and a full refund of any money paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
  2. Payment
    1. Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Xenon Distribution Limited.
    2. Interest will be charged on a daily basis, commercial interest at 8% above the base rate of the Bank of England obtaining at the time.
  3. Goods, Pricing and Availability
    1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Xenon Distribution Limitedcorrespond to the actual Goods, Xenon Distribution Limitedis not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
    2. Xenon Distribution Limiteddoes not represent or warrant that such Goods will be available. Stock indications are provided on the Website.
    3. All pricing information on the Website is correct at the time of going online. Xenon Distribution Limitedreserves the right to change prices and alter or remove any special offers from time to time and as necessary.
    4. In the event that prices are changed during the period between an order being placed for Goods and Xenon Distribution Limitedprocessing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
    5. All prices on the Website are quoted in exclusion of VAT.
  4. Property, Risk and Account of Profits
    1. Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Xenon Distribution Limited. Title remains with Xenon Distribution Limited until payment is complete.
    2. If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Xenon Distribution Limitedor forming a component part of a larger Good, and any amount of the purchase price payable to Xenon Distribution Limitedremains outstanding, the Purchaser must account to Xenon Distribution Limitedfor the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Xenon Distribution Limiteduntil payment has been received in full by Xenon Distribution Limited.
    3. Once the payment date has passed, if any sums remain outstanding, Xenon Distribution Limitedhas the right to enter the Purchaser’s premises and remove any Goods which remain the property of Xenon Distribution Limited.
  5. Delivery
    1. Xenon Distribution Limitedwill notify you by way of email when your goods are to be dispatched to you.
    2. If Xenon Distribution Limitedreceives no communication from you, within 1 working day of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
  6. Returns Policy
    Xenon Distribution Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

    1. If the Purchaser receives Goods which do not match those ordered, Goods that have faults or Goods that have been damaged in transit, the Purchaser should contact us within 7 working days to arrange return. Where damage is apparent on delivery Purchaser should sign the delivery note to the effect that the goods have been damaged. Xenon Distribution Limited is responsible for paying shipment costs.
    2. If the Purchaser wishes to return Goods to Xenon Distribution Limited for any of the above reasons, please contact us using the details on Xenon Distribution Limited’s official website to make the appropriate arrangements. Upon receipt of the returned Goods within 14 days from the purchase, the price of the Goods, as paid, will be refunded via a credit to your Xenon Distribution Limited trade account within 3 working days.
    3. Xenon Distribution Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
      1. Any use or enjoyment that you may have already had out of the Goods;
      2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
      3. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

  1. Privacy
    1. Legal bases under EU/UK data protection laws. We rely on the following legal bases under data protection law to process your personal data:
      • Because the processing is necessary to perform a contract with you, or take steps prior to entering into a contract with you (e.g. where you have made a purchase with us, we use your personal data to process the payment and fulfil your order).
      • Because we have obtained your consent (e.g. if you consent to receive marketing from us or agree to the use of non-essential cookies). If you have consented to a processing activity, you can withdraw your consent at any time.
      • Because it is in our legitimate interests as an e-commerce provider to maintain, promote and protect our business and services. We are always seeking to understand more about our customers in order to offer the best products and customer experience. We use information about you to tailor your view of the Site, to make it more interesting and relevant in respect of the products and offers on view.
      • In very limited cases, because it is necessary to comply with a legal obligation which we are subject to.
    2. All personal and business related information stored by Xenon Distribution Limited about you and your business will be stored securely and treated with strict confidence. Information will not be shared with any third-parties unless you have given your explicit permission or it is necessary for the purposes of fulfilling your orders (e.g. passing your address and contact details to the courier).
    3. The Xenon Distribution Limited (www.xenondistribution.co.uk) may place Cookie files on your computer for the purposes of providing the website functionality and monitoring the usage of the website.
    4. Cookie preference tool. You can review and update your cookie preferences for our Site and opt out of most cookies and trackers on our Site (other than those that are strictly necessary) within our Cookie Preference Tool accessible via the cookie icon at the bottom left hand corner of the webpage. Your preferences are browser and device specific so you need to set the preference for each browser and device you use to access our Site. If you delete or block cookies, you may need to reapply these preferences.
    5. Xenon Distribution Limited may contact you occasionally with marketing information, which you can opt-out of at any time.
    6. For the purposes of the applicable data protection legislation (including the General Data Protection Regulation), Xenon Distribution Limited is the data controller of personal information we hold about you.

 

  1. Disclaimers
    1. Xenon Distribution Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
    2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
    4. Whilst Xenon Distribution Limiteduses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  2. Changes to the Service and these Terms and Conditions
    Xenon Distribution Limitedreserves the right to change the Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes. If Xenon Distribution Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
  3. Availability of the Website
    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    2. Xenon Distribution Limitedaccepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  4. Limitation of Liability
    1. To the maximum extent permitted by law, Xenon Distribution Limitedaccepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    2. Nothing in these Terms and Conditions excludes or restricts Xenon Distribution Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Xenon Distribution Limited.
    3. Nothing in these Terms and Conditions excludes or restricts Xenon Distribution Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
    4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  5. No Waiver
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  6. Previous Terms and Conditions
    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
  7. Third Party Rights
    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Xenon Distribution Limited.
  8. Notices
    All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@xenondistribution.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  9. Law and Jurisdiction
    These Terms and Conditions and the relationship between you and Xenon Distribution Limited shall be governed by and construed in accordance with the Law of England and Wales and Xenon Distribution Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Licence to Sell Products
Although we show all goods that we have available please note that due to laws and legislation in your country that certain goods cannot be sold without prior licence with manufacturers. It is your duty as a retailer to ensure you have licence to sell brands purchased from Xenon Distribution Limited.

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