These terms supersede all previous agreements.
USE OF XN8 SPORTS WEBSITE
All products are sold subject to the terms and conditions listed here. Please read them carefully before using the website. By using the xn8sports.com website, you are agreeing to be bound by these terms and conditions.
By visiting xn8sports.com or sending e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our site, you accept that communication with us will be primarily electronic, through e-mail or notices posted on our website. For contractual purposes, by accessing this website, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
DISTANCE SELLING REGULATIONS
Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. We do not accept liability for damage or injury through misuse of products purchased.
COPYRIGHT, LICENSE AND SITE ACCESS
All content included on this site, such as text, graphics, logos and software, is the property of xn8sports.com or its content suppliers and protected by International copyright laws. The compilation of all content on this site is the exclusive property of xn8sports.com and protected by International copyright laws. All software used on this site is the property of xn8sports.com or its software suppliers and protected by International copyright laws.
Xn8sports.com grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Xn8sports.com. This license does not include any resale or commercial use of this site 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 express written consent of Xn8sports.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xn8sports.com and our affiliates without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Xn8sports.com name or trademarks without the express written consent of Xn8sports.com. Any unauthorized use terminates the permission or license granted by Xn8sports.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Xn8sports.com so long as the link does not portray Xn8sports.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Xn8sports.com logo or other proprietary graphic or trademark as part of the link without express written permission.
WARRANTY AND LIMITATION OF OUR LIABILITY
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply [whether arising in contract, tort (including negligence), breach of statutory duty or otherwise], which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time
Nothing in these terms and conditions is intended to exclude or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987;
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
Whilst we adopt industry standard protections against computer viruses, we are not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions is intended to affect your statutory rights.
Events Beyond Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; or
- The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance through the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Xn8sports.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Xn8sports.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Unless otherwise specified, the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Xn8 Sports, or are used with permission from the owner.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
RISK OF LOSS
All items purchased from Xn8sports.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Waste Electrical and Electronic Equipment (WEEE) Directive is now a UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK.
Much of the UK’s WEEE ends up in landfills, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health.
Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
Goods are marked with the crossed out wheeled bin symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste, so that they can be recycled.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Xn8 Sports are obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when you buy from us a new Electrical or Electronic product.
For example, if a customer bought a new battery/stopwatch/pedometer from us, we would accept their old battery/stopwatch/pedometer and prevent it going into a landfill site by disposing it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
Xn8sports.com attempt to be as accurate as possible. However, xn8sports.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Xn8sports.com itself is not as described, your sole remedy is to return it in unused condition.
VARYING THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless:-
- any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
- we notify you of any changes to these terms and conditions before we accept your order, in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven (7) working days of receipt by you of the goods.
APPLICABLE LAW (JURISDICTION)
By visiting Xn8sports.com, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Xn8sports.com or its affiliates.
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website including orders for goods. By accessing this website, you agree to submit to English law.
DISPUTES & COMPLAINTS
Any dispute relating in any way to your visit to Xn8sports.com or to products you purchase through Xn8sports.com shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate Xn8sports.com’s intellectual property rights, Xn8sports.com may seek injunctive or other appropriate relief in any UK court. No arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through our website, please email email@example.com. To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this website. These policies also govern your visit to Xn8sports.com. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Xn8sports.com provide their services to you subject to the following conditions.
If you visit or shop at Xn8sports.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Xn8sports.com service or visit or purchase from any business affiliated with Xn8sports.com, whether or not included in the Xn8sports.com, you also will be subject to the guidelines and conditions applicable to such service or business.
Please note that not all of the above terms will be applicable to business agreements.