Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Xbrain's web site for personal, non-commercial transitory viewing only. This is the grant of a
license, not a transfer of title, and under this license you may not:
modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial);attempt to decompile or reverse engineer any software contained on Xbrain’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.This license shall automatically terminate if you violate any of these restrictions and may be terminated by Xbrain at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Xbrain’s web site are provided “as is”.
Xbrain makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness
for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Xbrain does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Xbrain or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Xbrain’s Internet site, even if Xbrain or a Xbrain authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Xbrain’s web site could include technical, typographical, or photographic errors. Xbrain does not warrant that any of the materials on its web site are accurate, complete, or current. Xbrain may make changes to the materials contained on its web site at any time without notice Xbrain does not, however, make any commitment to update the materials.
Xbrain has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Xbrain of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Xbrain’s web site shall be governed by the laws of UK without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail or telephone as soon as possible to inform you of this. You will have the option either to wait until the item is available from stock, exchange it for alternative item/s or cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we debit your credit/debit card or PayPal account; or, dispatch your order or commence the services purchased, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
We deliver to addresses both inside and outside the UK, there are however countries excepted from this.
Although we have excellent delivery partners, there may be times when parcels are delayed for which we will not be held liable to you.
XBrain ltd will not be liable for extra shipping that occurs due to : orders can not be delivered because the recipient is not at home or address is wrong.
If an order has been lost in transit, we may not be able to despatch a replacement item immediately. Resent or Replacement items will be despatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted. This may include waiting up to 45 days from the initial date of despatch, for undelivered orders to be returned to us, depending on the delivery country.
If recipient order is returned to us due to : 1.providing insufficient or incorrect address details 2.Not at home or for any other reason fail to receive the order recipient will have to pay for redelivery.If you live outside UK you will also get charged for shipping and return of the item.So please make sure your delivery address is correct.
All non-delivery claims must be received within 30 days of our original despatch date to you.
11. Price and Payment
All prices shown are inclusive of VAT, where applicable, at the current rates and are correct at the time of publishing. We do reserve the right, however, to change prices at any time without notice to you.
If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom then you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices do vary widely from country to country. We recommend that you contact your local customs office for specific importation information.
Payment can be made by using most debit cards or PayPal. Payment will be debited from your account before dispatch of your order.
In the unlikely event that the price offered to you at the checkout page is wrong, and we discover this before acceptance of your order, we are not required to sell the goods to you at the price shown. We always try to ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price, changing it to alternative item/s or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website, and lawfully enter into and form contracts on this Website, under English law you must:
• If an individual, be 18 years of age or over; and
• Register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Return Shipping Charges
Initial shipping charges are non-refundable. We also will not be responsible for the shipping charge associated with the returned item.
While we work to ensure that product information on our website is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not solely rely on the information presented on our website. Please always read the labels, warnings, and directions provided with the product before using or consuming a product. In the event of any safety concerns or for any other information about a product please carefully read any instructions provided on the label or packaging and contact the manufacturer. Content on this site is not intended to substitute for advice given by medical practitioner, pharmacist, or other licensed health-care professional. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure, or prevent any disease or health condition. xbrain.co.uk accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
xbrain.co.uk is not the manufacturer of the products sold on this site. Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings, and directions provided with the product before using or consuming the product.
14. Matters Beyond Our Control
xbrain.co.uk shall not be held liable for any breach of the Terms caused by circumstances out of our control including, but not limited to, Acts of God, explosions, fire, lightning, severe weather, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet Service Providers (ISP) or acts of local Government, central Government or other competent authorities.
15. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.