These terms and conditions (Terms),
together with our Website Terms of
apply to any contract between Xtreme Commerce Limited (us, our, we) and
you for the sale of the products listed on our website, in our brochures and
otherwise made available (Products) to you (Contract).
We amend these Terms
from time to time. Please read these Terms carefully before ordering any
Product from us. By placing an order for Products with us, you will be deemed
to have accepted these Terms.
These Terms, and any
Contract between us, are in English only.
1.1 In these Terms the
following terms have the following meanings:
Business Days: a day (other than a Saturday, Sunday or public
holiday) when banks in Dublin are open for business;
Confirmation: has the meaning given to
it in clause 5.4;
Event: has the meaning given to
it in clause 14;
Reservation Confirmation: has the meaning given to it in
Specification: the brand, product type, model number and packaged quantity
of the Product as set out in the relevant Product information on our website/in
our brochures or otherwise made available to you.
1.2 In these Terms, unless the context requires
otherwise: (a) a person includes a natural person, corporate
or unincorporated body (whether or not having separate legal personality); (b)
a reference to a party includes its personal representatives, successors or
permitted assigns; (c) a reference to a statute or statutory provision is a
reference to such statute or provision as amended or re-enacted. A reference to
a statute or statutory provision includes any subordinate legislation made
under that statute or statutory provision, as amended or re-enacted; (d) any
phrase introduced by the terms including, include, in
particular or any similar expression shall be construed as
illustrative and shall not limit the sense of the words preceding those terms;
and (e) a reference to writing or written includes
faxes and e-mails.
2. BASIS OF THE
2.1 These Terms and our Website Terms of
apply to the Contract to the exclusion of all other terms including any terms
appearing on your purchase order or implied by trade, custom, practice or
course of dealing.
2.2 The Contract
constitutes the entire agreement between you and us and supersedes and
extinguishes all previous agreements, promises, assurances, warranties,
representations and understandings between us, whether written or oral,
relating to its subject matter.
2.3 You acknowledge that
in entering into the Contract you do not rely on any statement, representation,
assurance or warranty (whether made innocently or negligently) that is not set
out in the Contract.
2.4 Any images, drawings, descriptions, adverts
and similar, which do not form part of the Specification, whether on our
website, in our brochure or otherwise made available to you by us (a Product
Description), are provided for illustrative purposes only. There may be
errors in the Product Specification and/or description and you should not rely
on it when placing an order. The Contract is not a sale by
specification/description and any Product Specification/Description or other
information which will not form part of the Contract. The Contract is based on
the products unique Manufacturer Part Number which should thoroughly be checked
before placing the order.
2.5 Both parties agree that neither you nor we
shall have any claim for innocent or negligent misrepresentation or negligent
misstatement based on any statement in this Contract. Nothing in this clause
shall operate to exclude or limit liability for fraud or fraudulent
3. USE OF OUR
3.1 Your use of our website (currently at: www.ejobber.eu)
is governed by our
which will apply to you.
4.1 You must register for an account with us and
pass our credit checks in order to place an order with us. We will perform a
series of credit checks on you prior to activating your account. You should not
register for an account if you are not happy for us to complete such credit
checks. You must ensure that all information you provide to us in registering
for an account is accurate (to your knowledge) and up to date.
4.2 We reserve the right to refuse to activate
your account for any reason.
4.3 You confirm that you have the authority to
bind the business on whose behalf you place an order for Products.
4..4 If you are paying by Credit/Debit card or PayPal
and the billing address provided is different from the shipping address we
reserve the right to ask for further proofs to validate your purchase. We might
ask for a recent bank statement or another proof of address before we can ship
5.1 To purchase Products through our website,
you must login to our website. Once you have logged in, the website will guide
you through the steps you need to take to place any order with us. Our order
process allows you to check and amend any errors before submitting your order.
Please take the time to check the details of your order are correct before
submitting it. Placing an order constitutes an offer by you to purchase
Products on these Terms and acceptance of your order will only take place in
accordance with clause 5.4.
5.2 You can also place orders for Products by
telephone, email or EDI. Any such telephone conversation, email or EDI order
shall constitute an offer by you to purchase Products on these Terms. Orders
cannot be accepted over the phone or through the EDI. Your order will only be
accepted in accordance with clause 5.4.
5.3 If we are unable to supply you with a
Product, for example because that Product is not in stock or no longer
available, we will inform you of this by email or telephone. You will have the
right to cancel your order at this point. If we are unable to contact you, we
will process your order in so far as it contains Products that we are able to
supply. Your offer to purchase the Products we are unable to supply will remain
valid unless you choose to cancel it and we will supply any such Products as
soon as they become available. Where any Product that you have ordered becomes
permanently unavailable (e.g. because the manufacturer stops making it), we
will inform you of this and either suggest a suitable alternative Product to
you, or cancel your order. If you paid for such Product on placing your order,
we will refund you for that Product.
5.4 Subject to clause 5.5, your order
will be accepted when we send you an email that confirms that the Products have
been dispatched (Dispatch Confirmation). The Contract between us will
only be formed when we send you a Dispatch Confirmation. We may dispatch the
Products in installments. Each installment shall constitute a separate contract
formed when we send you a Dispatch Confirmation for that instalment and, except
where payment is made at the time of placing an order, we will invoice for each
5.5 Where you have requested that we deliver the
Products directly to your end customer(s), the Contract (in respect of such
Products) will be deemed formed when we send you an email that confirms that
such Products are reserved for your customer(s) (Reservation Confirmation).
5.6 Where we have listed a product with the
status Currently Out of Stock. and knowingly or unknowingly you still place an
order for that product, we will be under no obligation to fulfill any such
order. However, we will provide you with an up-to-date lead time and price on
that product(s). If you do not want to accept this offer and want to cancel the
order, we will refund you the full amount less admin charges of 3.5%.
5.6 We reserve the right to cancel any order
without having to provide any reason. If we decide to cancel an order, we will
refund any amount paid for this order.
6.1 We shall deliver the Products to the
delivery address(es) specified by you when placing your order (Delivery
Location). Where you are reselling the Products and would like us to
deliver the Products directly to your customer, you must notify us when placing
your order. Please note that when placing an order on our website, you will
only be able to specify one Delivery Location. You will need to place a
separate order for each Delivery Location you require Products to be delivered
6.2 Delivery of Products shall be completed on
the Products arrival at the Delivery Location.
6.3 All delivery times given are estimates only
and the time of delivery is not of the essence. We shall not be liable for any
delay in delivery of the Products. Any orders cancelled after the dispatch of
the product(s) by us will incur 25% Restocking Fee regardless of the order
cancellation reason including but not limited to late deliveries.
6.4 If we fail to
deliver the Products, our liability shall be limited to replacing the Products
within a reasonable time or issuing a full refund in respect of the Products
that we failed to deliver (including any delivery charges paid). We shall have
no liability for any failure to deliver the Products to the extent that such
failure is caused by a Force Majeure Event or your failure to provide us with
adequate delivery address details or delivery instructions or any other
instructions that are relevant to the supply of the Products.
6.5 If you would like to report an issue with
any Products which are delivered, or seek a credit note in the event that any
Delivery is defective you must:
(a) in the event that any Products are damaged
on Delivery, ensure that such damaged Products are noted and signed for on
delivery to be DAMAGED and reported to us within 24 hours of Delivery.
Photographic evidence of the damage will also be required;
(b) in the case of non-delivery or shortage of
goods against those ordered, report such shortage or non-delivery within 24
hours of the expected time of Delivery; and
(c) in the case of mispicked products or
products received in error, report such error within 24 hours of Delivery and
provide details of the items you have received incorrectly.
6.6 Where the product weight is above 20 kg or
requires pallet shipment, we might ask for extra shipment charges on top of the
shipment charges you already paid on the website.
7.1 If you order Products from our website for
international delivery, your order may be subject to import duties and taxes
which are applied when the delivery reaches that destination. We have no
control over these charges and we cannot predict their amount.
7.2 You will be responsible for payment of any
such import duties and taxes. Please contact your local customs office for
further information before placing your order.
7.3 You must comply with all applicable laws and
regulations of the country for which the Products are destined. Many of the
Products we sell are subject to export license control and you must ensure that
you comply with the laws in force at the time when reselling any Products
(including, but not limited to, the Export of Goods Control Order 1994). We
will not be liable or responsible if you break any such law.
8. TITLE AND
8.1 Risk in the Products shall pass to you on
completion of delivery. Where Products are delivered in instalments, or any of
the Products are to be delivered directly to your customers, risk in each of
the Products shall pass individually on completion of delivery of that
particular Product to the Delivery Location.
8.2 Title to the
Products shall not pass to you until:
(a) we receive in full
all sums due in respect of the Products and all other sums which are due, and
have become payable (including sums payable in respect of other contracts
between you and us, interest, handling charges and any damages due), in which
case title shall pass at the time of payment of all such sums; or, if earlier
(b) you resell the
Products, in which case title to the Products shall pass to you at the time
specified in clause 8.4.
8.3 Subject to
clause 8.5, until title to the Products has passed to you, you shall:
(a) store the Products separately from all other
products you hold so that they remain identifiable as our Products;
(b) not remove, deface or obscure any
identifying mark or packaging on or relating to the Products;
(c) maintain the Products in satisfactory
condition and keep them insured against all risks for their full price from the
date of delivery;
(d) notify us immediately if you become subject
to any of the events listed in clause15.2; and
(e) give us such information relating to the
Products as we request from time to time.
8.4 Subject to clause 8.5, you may
resell or use the Products in the ordinary course of your business (but not
otherwise) before we receive payment for the Products. However, if you resell
the Products before that time:
(a) you do so as
principal and not as our agent; and
(b) title to the
specific Products resold shall pass from us to you immediately before the time
at which the resale by you occurs.
8.5 If, before title to the Products passes to
you, you become subject to any of the events listed in clause15.2 then, without
limiting any other right or remedy we may have:
(a) your right to resell the Products or use
them in the ordinary course of business ceases immediately; and
(b) we may, at any time:
(i) require you to deliver up all Products in
your possession which have not been resold, or irrevocably incorporated into
another product; and
(ii) if you fail to do so promptly, enter any of
your premises, or the premises of any third party where the Products are stored
in order to recover them and you shall be deemed to have granted us a license
to do so.
9.1 The price of the
Products shall be:
(a) for orders placed on
our website, the price set out on the final order page on our website;
(b) for email orders, the price set out on the
last email sent by us to you which references the final agreed price of the
(c) for EDI orders, the price set out on the
latest EDI price list made available by us to you (unless specifically agreed
otherwise, in which case, the price agreed between the parties and confirmed by
us in writing will be the price of the Products); and
(d) for telephone orders, the price agreed
between us and you during the telephone call in which the order is placed.
9.2 Prices for our Products may change from time
to time, but changes will not affect any order you have already placed, except
that we may, by giving notice to you at any time prior to delivery, increase
the price of the Products to reflect any increase in the cost of the Products
that is due to:
(a) any factor beyond our control (including
foreign exchange fluctuations, increases in taxes and duties, and the
(b) any request by you to change the delivery
date(s), delivery address(es), or the quantities or types of Products ordered;
(c) any delay caused by any instruction by you
or failure to give us adequate or accurate information or instructions
(including delivery address(es)).
9.3 The price of the Products is exclusive of
value added tax (VAT). You shall, on receipt of our VAT invoice, pay us
such additional amounts in respect of VAT as are chargeable on the supply of
the Products at the rate then in force.
9.4 The price of the Products is also exclusive
of delivery charges (unless specifically agreed with us otherwise). We will
notify you of the delivery charge that applies when you place your order and
the applicable delivery charge shall be determined in the same way as the price
in accordance with clause 9.1.
9.5 We sell a large number of Products and it is
possible that some of our Products may be incorrectly priced on our website/EDI
price list/in our brochures. If we discover an error in the price of the
Products you have ordered (as displayed in accordance with
clause 9.1) we will contact you to inform you of this error. If you
paid for the Products at the time of placing the order, your order will be
automatically cancelled and we will issue you with a refund. You will need to
place a new order for the Products if you wish to order the Products at the
correct price. If you did not pay for the Products at the time of placing your
order and we are unable to contact you using the contact details you provided
during the ordering process within 5 Business Days of discovering the pricing
error, we will treat the order as confirmed at the correct Price and notify you
in writing. Please note that if the pricing error is obvious and unmistakable
and could have reasonably been recognized by you as a mispricing, we do not
have to provide the Products to you at the incorrect (lower) price.
9.6 Where you have not paid for the Products at
the time of placing your order, we may submit an invoice to you by email at any
point from the time we send the Dispatch Confirmation or Reservation
Confirmation to you. You shall pay the invoice in full and in cleared funds by
the last Business Day of the month following the month in which the Dispatch
Confirmation or Reservation Confirmation was sent to you (Due Date).
Payment shall be made to the bank account nominated in writing by us, by direct
debit (subject to a direct debit mandate having been completed) or by cheque.
Please note that any payment by cheque must be in cleared funds by the Due
Date. Time of payment is of the essence.
9.7 If you fail to make
any payment due to us under the Contract by the due date for payment, then you
(a) interest on the
overdue amount at the rate of 3.5% per annum above
Barclays Bank PLCs base rate from time to time.
Such interest shall accrue on a daily basis from the due date until actual
payment of the overdue amount, whether before or after judgment. You shall pay
the interest together with the overdue amount; and
(b) all costs and
expenses reasonably incurred by us or on our behalf in recovering the overdue
amount and interest referred to in this clause 9.7 from you,
including (without limitation) legal costs and all other professional costs and
9.8 If any amount payable to us by you remains
unpaid for 60 days or more from the Due Date, then all invoices then in
existence under your account (whether or not due for payment), shall become
9.9 You shall pay all
amounts due under the Contract in full without any set-off, counterclaim,
deduction or withholding (except for any deduction or withholding required by
law). We may at any time, without limiting any other rights or remedies we may
have, set off any amount owing to us by you against any amount payable by us to
10.1 The Products we
sell are not manufactured by us and each manufacturer provides different
guarantees or warranties in respect of their Products. We shall assign any
Product guarantee or warranty rights which we have against the manufacturer of
the Product to you. Please refer to the Product information on our website/in
our brochure for confirmation of the guarantee or warranty provided with the
Product. For details of the applicable terms and conditions of such guarantee
or warranty, please refer to the manufacturer’s website, details of which will
be stated on the relevant Product page of our website/brochure.
10.2 We warrant that
such Products will materially comply with the Specification on delivery. Please
note that there may be minor variations between a Product and its Specification
and we do not give any guarantee or warranty in this respect.
10.3 Except as
specifically set out in these Terms, the Products are sold without guarantees,
conditions or warranties and as far as legally possible, we expressly exclude
all conditions, warranties and other terms which might be implied by law.
11.1 We will repair or
replace (at our option) certain Products with which you encounter a fault
(including a physical defector issue with the performance of the Product) (Defective
Product).We will not provide a remedy for all Defective Products and the availability
of a remedy from us (as opposed to the manufacturer) varies depending on the
category and make of the Product concerned. Further details (including whether
a remedy is available and the time periods during which we will consider
repairing or replacing a Defective Product) are available on request. Please
contact us using the contact details set out in clause 18.2 to obtain
11.2 To the extent that
a remedy is available, you must notify us immediately (and not later than 2
Business Days after discovering that the Product is a Defective Product), with details of the fault or defect. We will, at out option,
repair or replace such Defective Product. This shall be your sole and exclusive
remedy in respect of any Defective Product.
11.3 To the extent that
no remedy is available from us, you will need to rely on the manufacturers
guarantee and/or warranty provided with the Product (if any).
11.4 Where a Product
does not materially conform with the Specification (Non-conforming Product),
you must notify us within 30 days of the Product being delivered, with details
of the non-conformance. We shall, at our option, replace the Non-conforming
Product with a Product that does materially comply with the Specification or
issue a refund for the amount paid in respect of the Non-conforming Product.
You must return the Non-conforming Product back to us within 5 Business Days of
notifying us that the Product does not materially comply with its
Specification. Any replacement Product or refund will only be issued once we
have received the returned Product. This right does not extend to non-material
deviations from the Specification. If we agree to issue a refund, we will do so
within 30 days of the last Business Day of the month following the month in which
the returned Non-conforming Product is received by us.
11.5 You are responsible for the costs of
returning a Defective Product or Non-conforming Product to us.
11.6 Any Defective Product or Non-conforming
Product that you return to us is at your risk until we receive it.
11.7 Where we determine (acting reasonably) that
any Product that you have returned to us as a Defective Product or
Non-conforming Product is of satisfactory quality (including where no
fault/defect exists, the fault/defect was likely caused by your misuse of the
Product or the Product does materially comply with its Specification), you
shall not be entitled to any remedy and you will be responsible for collecting
the Products from us
12. RETURN OF PRODUCTS
12.1 In addition to your rights in respect of Defective
Products, we allow you to return some Products by providing a valid reason.
Please contact us using the contact details set out in clause 18.2 for more
information (including on which Products we allow you to return and the time
limits for return). This is a discretionary right and not all Products carry
the right to return.
12.2 Except where you have a right to return a
Defective Product, we will not accept any returns unless they are notified to
us in writing by e-mail within the time period specified for that particular
Product (available on request). You will need to provide details of the Product
you wish to return, the invoice number and date (Returns Notification). We will
accept or deny the return in writing within 10 Business Days of receiving the
Returns Notification and, where we accept the return, we shall provide a
returns authorization number.
12.3 Authorization to return hardware Products
will only be granted by us if the Product is complete with all its accessories,
cables and manuals and is in an unused, brand new condition in its original,
undamaged, unopened packaging. Authorization to return software Products will
only be granted where the software is unopened and sealed in its original,
12.4 Except where a Product is a Defective
Product, you will have no right to return a Product which you have resold or
12.5 Where we have authorized you to return a
Product then the Product must be returned (at your cost), marked with the return’s
authorization number, within 10 Business Days of the date we send such
authorization. You will remain liable for the Products until they are received
12.6 We will only provide a credit note for
Products returned under clause 12.5 if the following conditions are complied
(a) the Products returned are in their original
inner and outer packaging and none of the packaging shall have been written
upon or been defaced or taped or had permanent labels attached;
(b) the Products returned are in otherwise
satisfactory and pristine condition and may be re-sold at the same market price
(c) in the case of computer consumable Products,
the outer seal has not been tampered with in any way. If you return such
product(s) as faulty, you will only be granted a credit note if the
manufacturer of such product(s) accepts that the product has not been misused,
over loaded, incorrectly installed or incorrectly stored. In certain
circumstances, a faulty product evaluation form, or other information requested
by the manufacturer will be required from you before a credit note can be
(d) Products must be packed appropriately for
transport and you will be responsible for any damage to the Product or its
packaging which occur in transit. Any damage during transit may result in no credit
note being provided.
(e) Where returned Products are not in
acceptable condition or do not conform to the requirements for authorization
(in each case decided solely in our discretion), you will be notified and given
14 days to collect the Products from our premises. You will be responsible for
collecting the Products from us, and if after 14 days, the Products have still
not been collected then the goods will be disposed of. No credit note will be
issued, and we will accept no liability for products disposed of in these circumstances.
12.7 We will refund you for the amount paid in
respect of a returned Product (excluding the delivery charge) within 30 days of
the last Business Day of the month following the month in which the returned
Product is received by us.
12.8 We reserve the right to charge a 25% or £25
handling charge (whichever is greater) plus VAT on any returned Products
(excluding Defective Products found and marked defective at the time of
delivery). Any orders cancelled after the dispatch of the product(s) by us will
incur 25% Restocking Fee regardless of the order cancellation reason including
but not limited to late deliveries. Where we exercise this right, we will
deduct this handling charge from the amount refunded to you.
12.9 Where we arrange a collection of the
returned product(s) from your premises and the courier service is not able to
collect it due to your absence/negligence, we reserve the right to charge you
up to £100 per missed collection.
12.10 No replacement product(s) can/will be
dispatched unless the original product being returned has been returned to us
in a satisfactory condition as per above criteria.
13.1 Subject to clause 13.4, we will
under no circumstances whatever be liable to you, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, arising under
or in connection with the Contract for:
(a) any loss of profits,
sales, business, or revenue;
(b) loss or corruption
of data, information or software;
(c) loss of business
(d) loss of anticipated
(e) loss of goodwill; or
(f) any indirect or
13.2 Subject to
clause 13.4, our total aggregate liability to you in respect of all
losses arising under or in connection with the Contract, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, shall in
no circumstances exceed the amount paid for the Products plus any delivery
13.3 Except as expressly stated in these Terms,
we do not give any representation, warranties or undertakings in relation to
the Products. Any representation, condition or warranty which might be implied
or incorporated into these Terms by statute, common law or otherwise is
excluded to the fullest extent permitted by law. In particular, we will not be
responsible for ensuring that the Products are suitable for your (or your
13.4 Nothing in these
Terms limits or excludes our liability for:
(a) death or personal
injury caused by our negligence;
(b) fraud or fraudulent
(c) breach of the terms
implied by section 12 of the Sale of Goods Act 1979; or
(d) any matter in respect of which it would be
unlawful for us to exclude or restrict liability.
14.1 We shall not be liable to you for any delay
or failure in the performance of our obligations under the Contract to the
extent that such delay or failure results from circumstances, acts or events
beyond our reasonable control, including without limitation, traffic, weather,
war, terrorism, riots, civil unrest, fire, flood or other acts of God,
industrial action, strikes or lock-outs, failure or delay of supplies of power,
fuel, transport, equipment or other goods or services for which a substitute is
not available (Force Majeure Event).
14.2 If a Force Majeure Event takes place that
affects our ability to perform our obligations under the Contract, we will
contact you as soon as reasonably practicable and our obligations under the
Contract will be suspended and the time for performance of our obligations will
be extended for the duration of the Force Majeure Event.
14.3 You may cancel a Contract in respect of the
Products delayed or not deliverable as a result of a Force Majeure Event which
has continued for more than 30 days. To cancel, please contact us. If you opt
to cancel, we will refund the price you have paid for the Products affected by
the Force Majeure Event, including any delivery charges.
15.1 We may terminate
the Contract immediately on written notice where you:
(a) are in material
breach of the Contract and either such breach is irremediable or, where such
breach is capable of remedy, you have not remedied such breach within 30 days
of such notice. Any breach by you of clause 9.6 shall be deemed to be
material and incapable of remedy; or
(b) become subject to
any of the events listed in clause15.2.
15.2 For the purposes of
clause 15.1, the relevant events are:
(a) you suspend, or
threaten to suspend, payment of your debts, or are unable to pay your debts as
they fall due or admit inability to pay your debts, or (being a company or
limited liability partnership) are deemed unable to pay your debts within the
meaning of section 123 of the Insolvency Act 1986, or (being a sole trader) are
deemed either unable to pay your debts or as having no reasonable prospect of
so doing, in either case, within the meaning of section 268 of the Insolvency
Act 1986, or (being a partnership) have any partner to whom any of the
(b) you commence
negotiations with all or any class of your creditors with a view to
rescheduling any of your debts, or make a proposal for or enter into any
compromise or arrangement with your creditors;
(c) (being a company) a
petition is filed, a notice is given, a resolution is passed, or an order is
made, for or in connection with the winding up of your company;
(d) (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 your company;
(e) (being a company)
the holder of a qualifying floating charge over your assets has become entitled
to appoint or has appointed an administrative receiver;
(f) a person becomes
entitled to appoint a receiver over your assets or a receiver is appointed over
(g) (being an
individual) you are the subject of a bankruptcy petition or order;
(h) a creditor or
encumbrance of your business 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;
(i) any event occurs, or
proceeding is taken, with respect to you in any jurisdiction to which you are
subject that has an effect equivalent or similar to any of the events mentioned
in this clause15.2(a) to (f) (inclusive);
(j) you suspend,
threaten to suspend, cease or threaten to cease to carry on all or a
substantial part of your business;
(k) your financial
position deteriorates to such an extent that in our opinion your capability to
adequately fulfil your obligations under the Contract has been placed in
(l) (being an
individual) you die or, by reason of illness or incapacity (whether mental or
physical), are incapable of managing your own affairs or becomes a patient
under any mental health legislation.
15.3 On termination (for
(a) any amount payable
under the Contract, and any sums due under any invoice then in existence under
your account, shall become immediately payable; and
clauses 8, 9, 13 and 15.3(a), and any other
clauses which are expressly or by implication intended to come into force upon,
or remain in force following, the termination of the Contract, shall survive
termination and continue in force.
15.4 Termination of the
Contract shall not affect any rights, remedies, obligations or liabilities of
either party that have accrued up to the date of termination, including the
right to claim damages in respect of any breach of the agreement which existed
at or before the date of termination.
16.1 We may amend these
Terms from time to time.
16.2 Every time you
order Products from us, the Terms in force at the time of your order will apply
to the Contract between you and us.
16.3 If we have to
revise these Terms as they apply to your order, we will contact you to give you
reasonable advance notice of the changes and you shall have the right to cancel
your order up to 5 Business Days after we have notified you of such changes. If
you do not cancel your order within this time period, we will treat the order
as confirmed and the Terms as amended will apply to your order.
17. GDPR STATEMENT
Under no circumstances
we would ever collect or store any of your financial information including
credit card details, bank details or anything else linked to your financial
records. You are hereby made aware that we use Secure third-party payment
engines Like PayPal, Stripe and Square etc. which process the payments securely
for us. If you are not happy with this arrangement please do not proceed with
the order and contact us immediately so that a different payment method can be
Sometimes we work with
EU based 3rd party suppliers (distributors and resellers) for
order fulfillment. By placing this order, you give us your express permission
and willful consent to share the following details, hereby called Order Data,
with these suppliers solely for the purposes of order fulfilment and order
· First Name
· Last Name
· Address including postcode
· Phone Number and/or Email
We would never share any
financial data or cookies data with the suppliers or any other party for that
matter. We will also make a formal demand to the suppliers in writing to delete
your information from their system as soon as the order has been fulfilled. We
will also delete all your personal information from our system as soon as the
order is fulfilled. We would also need to pass on your Order Data to courier
companies to deliver the products.
If, however, you are not
happy for us to disclose Order Data to the 3rd party suppliers
please contact us to discuss or do not place this order with us. Once the order
has been placed, we will accept no liability in this regard and we will
therefore be acting upon your direct instruction of being able to share your
Order Data with our suppliers.
Each notice or
communication given in relation to the Contract shall be in writing, addressed
to that party at its registered office (if it is a company) or its principal
place of business (in any other case) or such other address as that party may
have specified to the other in writing from time to time, and shall be
delivered by hand, sent by pre-paid recorded delivery post, fax or e-mail. A
notice shall be deemed to have been received: if delivered by hand, when left
at the address referred to above; if sent by pre-paid recorded delivery, on the
second Business Day after posting; or, if sent by fax or e-mail, one Business
Day after transmission.
You shall not transfer,
assign, sub-contract, mortgage, charge or deal in any other manner with all of
any of your rights under the Contract without our prior written consent (such
consent not to be unreasonably withheld or delayed).
A waiver of any right
under the Contract is only effective if it is in writing and signed by an
authorized officer of the waiving party, and it applies only to the
circumstances for which it is given. Any failure by either party to enforce at
any time and for any period any of the terms of, or rights arising pursuant to,
the Contract shall not be a waiver of such terms or rights, or of the right at
any time subsequently to enforce all the terms of, and rights arising under,
If any part of the Contract is found to be
invalid, unenforceable or illegal it shall not affect the other parts, which
shall remain in full force and effect. If the Contract would be wholly valid,
enforceable and legal (and would still give effect to the commercial intention
of the parties) were that part deleted, that part shall be deemed deleted.
17.5 Third Party
Nothing in the Contract shall confer any rights
upon any person who is not a party to it, whether under the Contract (Rights of
Third Parties) Act 1999 or otherwise.
The Contract and any dispute or claim arising
out of or in connection with it or its subject matter or formation shall be
governed by and construed in accordance with the laws of England and Wales. The
parties irrevocably agree that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim that arises out of or in
connection with the Contract or its subject matter or formation, save that we
may, at our discretion, elect to bring a claim in the courts of any competent jurisdiction.
18.1 We are Xtreme Commerce Limited, a company
registered in Ireland (company number 651902) registered at, and trading from,
6 - 9 Trinity Street Dublin 2.
18.2 You may contact us by telephoning our
customer services team on 01908 915 603 or by e-mailing us at [email protected] Please
note that we do not accept formal notices served under these Terms by email.
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