Terms of Service IOXEL

IOXEL GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

WELCOME TO OUR ONLINE STORE! PLEASE KINDLY READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE "I accept the General Terms and Conditions for Online Sales" BUTTON.

  1. Subject and scope
    • These General Terms and Conditions for Online Sales (hereinafter referred to as "General Terms") apply to all purchase orders you place on the IOXEL® online store located at ioxel.co.uk (hereinafter referred to as the "Website") and your subsequent agreement with IOXEL LIMITED, with offices in: Suite 163 2 Lansdowne Row, Berkeley Square, Mayfair, London, United Kingdom, W1J 6HL (hereinafter referred to as "IOXEL") regarding your purchase of IOXEL® products (collectively referred to as "Products").
    • These General Terms shall apply exclusively and shall prevail on any conflicting or deviating terms and conditions, unless this has been agreed in the individual case with a legal representative of IOXEL in writing. Our General Terms shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by IOXEL.
    • These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers have been made where necessary.
  2. Copyright
    • All content included on this Website, such as text, photos, pictures, graphics, logos, button icons, images, audio clips, data and software is the property of IOXEL or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of IOXEL, with copyright authorship for this collection by IOXEL, and protected by international copyright laws.
  • Trade Marks
    • IOXEL’s trademarks and trade dress shall not be used without IOXEL’s authorization, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IOXEL. All other trademarks not owned by IOXEL or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IOXEL or its subsidiaries.
  1. License and Site Access
    • IOXEL grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IOXEL. 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 site 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 site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IOXEL. 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 IOXEL and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing IOXEL’s name or trademarks without the express written consent of IOXEL. Any unauthorized use terminates the permission or license granted by IOXEL. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IOXEL so long as the link does not portray IOXEL, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IOXEL logo or other proprietary graphic or trademark as part of the link without express written permission.
  2. Product Descriptions
    • IOXEL and its associates take reasonable care to ensure that all details, descriptions and prices of Products on the Website are accurate and kept up to date. However, IOXEL does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We do not guarantee that the product images you see are an accurate representation; for example, colours may differ from the images shown on the Website due to your computer/device screen resolution or settings.
    • Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in­store only.
    • All orders are subject to availability. Once a product is sold out, it will be taken off the Website and may not be available again. If products that you order are out of stock, we will contact you and may cancel the whole or part of your order. If a replacement product has a higher price, you will be liable to pay for the difference in price. If we are unable to contact you, we may cancel the whole order or the relevant part of the order and process the remainder of the order at our discretion.
  3. Disclaimer of Warranties and Limitation of Liability
    • THIS SITE IS PROVIDED BY IOXEL ON AN "AS IS" AND "AS AVAILABLE" BASIS. IOXEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IOXEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IOXEL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IOXEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IOXEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  • Your Membership Account
    • 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. If you are under 18, you may use our Website only with involvement of a parent or guardian. IOXEL and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  • Order process and conclusion of purchase agreement
    • The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.
    • By clicking the "Buy now" button, you send us a binding offer for the conclusion of a purchase agreement with IOXEL regarding the Product items in your shopping cart (hereinafter referred to as "Order") and you confirm that the information you provide is true, accurate and complete in all respects. By placing an Order, you confirm that you are over 18 years of age.
    • IOXEL may, at its discretion, accept the Order. IOXEL will accept your Order by sending an order confirmation or simply by delivering the ordered Products to you. Unless otherwise stated, the effective date of the purchase agreement is the date on which IOXEL confirms by email the acceptance of your Order. In case of purchase on advance payment, the purchase agreement is subject to the condition of and shall become binding for IOXEL only upon receipt of the full payment for the purchase.
    • If you place an Order through our Website, the ordering process comprises four steps:
  1. You select the desired goods (Products).
  2. You check all items in your shopping cart and apply any necessary changes. You click the "Check out" button to proceed to payment.
  3. If you have not already done so, you log into your user account with email and password and enter the required customer data for the invoice. You have the opportunity not to log into your user account and rather chose to proceed to payment as a guest. If you chose this option, you will be anyway required to provide the correct payment and shipping information.
  4. Finally, on the "Checkout" page, you select the preferred method of payment and confirm your acceptance of the conditions that shall apply to the purchase. Here, you can again change the invoice details, check your purchase data and return to the cart by clicking "Back to cart". By clicking "Buy now", your Order becomes binding.
    • With our order confirmation and/or delivery, we will send you a copy of the corresponding Order, including the corresponding invoice, to your email address.
    • Unless otherwise agreed, your Order will be delivered within 30 days of confirmation of your Order. Where we are unable to deliver your Order within this period, we reserve the right to cancel your Order.
    • We may contact you if we cannot accept your order, which may be the result of (i) the products not being available, (ii) there is a problem with your payment method, (iii) there has been a pricing or product description error on the Website, (iv) we are unable to deliver the products due to local import restrictions or requirements at your delivery destination or (v) you don’t meet our eligibility to order criteria or are in breach of any of the General Terms or other law.
  5. Prices, delivery costs, taxes and duties
    • All prices quoted on our Website are in GBP and include the legal value added tax (VAT) applied at the rate applicable to United Kingdom sales within the United Kingdom.
    • If you are a consumer resident in the European Union or if you represent a European entity without valid VAT ID number, the UK VAT may either (i) be maintained or (ii) be deducted from the shown price and the legal VAT applicable for your country will be added to the amount of the product price net of UK VAT, as specified on the checkout page. The total amount with the detail of the applied VAT will be visible in your cart before finalizing the purchase.
    • If you are a business European entity with a valid VAT ID number, the UK VAT will be deducted from the shown price and the sale will be subject to s.c. “reverse charge”.
    • If you are a consumer or business and are resident outside of the United Kingdom and the European Union, the UK VAT applied to the product shall remain. The total amount with the detail of the applied VAT will be visible in your cart before finalizing the purchase
    • Delivery costs may be charged for the delivery of the ordered Products. The total amount with the detail of the applied delivery charges will be visible in your cart before finalizing the purchase.
    • Any additional custom taxes, duties, fees, imposts, tariffs and charges that may be raised by particular countries or authorities related to the conclusion or execution of your Order shall be borne by you. In the event IOXEL is required to pay such charges to any authority, you shall indemnify and hold harmless IOXEL for any such payments.
    • In the event of obvious errors on the Website or made in connection with your Order, IOXEL reserves the right to correct the error and charge you the correct price. In such a situation, we will contact you and offer you the option of purchasing the Products at the correct price or cancelling your Order.
  6. Connection with Third-Parties
    • The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse the third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
  7. Payment conditions
    • You can select one of the payments methods described on the Website. IOXEL reserves the right to exclude or include particular payment methods at any time.
    • In case of payment by credit card or PayPal, your payment will be executed by our payment service provider using their discrete secure infrastructure. IOXEL and its payment service provider reserve the right to decline the processing of payments in cases of suspected fraud or other irregularity.
    • If you choose to pay using a payment card with a foreign currency denominated account, the payment will be taken in UK Pounds Sterling. Your payment card issuer will then convert the UK Pounds Sterling value, using their foreign exchange rates.
    • You may not set off any amounts due whatsoever from IOXEL against amounts due to IOXEL, unless expressly allowed by mandatory Consumer protection law.
    • We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorised access to this data by a third party.
  • Delivery
    • IOXEL will send the delivery to the address indicated in the Order.
    • IOXEL shall deliver the Products without delay upon confirmation of your successful payment of the purchase price. Time for delivery shall be prolonged by reasonable periods in case of force majeure or other events for which IOXEL is not responsible, such as disruptions in operations, strikes, authority measures, or troubles with telecommunications.
    • The Products shall remain the property of IOXEL until all liabilities under the Order have been paid in full, the earlier passing of the risk notwithstanding.
    • All items purchased from IOXEL are made pursuant to a shipment contract, implying that the risk of loss and title for such items pass to the purchaser upon IOXEL’s delivery to the carrier. The deliveries are made at the risk of the purchaser who is responsible for receiving the Products at the address indicated in the purchaser’s Order.
    • The Products may be subject to customs and export control laws and regulations, local taxes, import duties or other local requirements. You are obliged to comply with the regulations and obligations resulting from these export control laws. We recommend that you make yourself aware of local import duties and any other requirements before placing your order. IOXEL shall not be liable for any and all limitations with regard to the delivery of the Products resulting from such regulations and reserves the right to withdraw from the purchase agreement based on these grounds.
  • Non-­Returnable Products
    • Please kindly note IOXEL Products, as beauty products, are non-returnable unless defective or damaged in some way.
  • Use of personal information
    • To register on the Website, you need to specify a login name and a password. IOXEL further needs your contact information for issuing the invoice. You are responsible for keeping this information correct, confidential, and up to date.
    • By completing the contact form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an Order on behalf of an organization, you ensure that you have the authority to do so. In particular, you are responsible that any VAT number you enter is appropriate and correct.
    • IOXEL is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your Order.
    • In case of online payments, you are required to enter your payment details. Online payment information related to your Order is processed by IOXEL's payment service provider. IOXEL does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.
    • By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.
  1. Data protection
    • IOXEL shall comply with the provisions of the UK Data Protection Act 2018 and take all reasonable measures to keep your personal information confidential and secure.
    • IOXEL will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfil the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the use of the Products.
    • IOXEL will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.
  • Liability
    • Unless IOXEL is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery is excluded. IOXEL's total liability in any matter arising out of or related to these General Terms is limited to the purchase price.
  • Miscellaneous
    • IOXEL may assign, transfer or otherwise dispose its rights and obligations under the purchase agreement with you, in whole or in part, at any time without notice to you. You may not assign the purchase agreement or transfer any rights hereunder.
    • If any part of these General Terms is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby. No waiver by us shall be construed as a waiver of any right for any breach of these General Terms. If any of these General Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining General Terms. In this case, the invalid or ineffective provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid or ineffective provision.
    • IOXEL reserves the right to amend these General Terms after prior written notification. Changes shall apply to your existing purchase agreements only, subject to the conditions that IOXEL has informed you about the intended changes in writing and that you did not object to the changes within a period of four weeks.
    • These General Terms and the Products license agreement constitute the entire agreement between you and IOXEL regarding your Products purchase and supersede all previous agreements that may have been made. In case of conflict between these General Terms and the License Agreement, the latter shall prevail.
    • Any and all changes and amendments to a purchase agreement concluded with IOXEL shall be submitted in writing. This shall also apply to a waiver of this written form clause.
  • Applicable Law
    • The place of performance regarding delivery and payment shall exclusively be London, UK.
    • By visiting IOXEL’s Website, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these General Terms and any dispute of any sort that might arise between you and IOXEL or its associates. The application of the United Nation Convention on Contracts for the International Sale of Goods shall be excluded. The place of jurisdiction shall be the court having subject-matter jurisdiction in London, United Kingdom. If you are a purchaser outside the European Union, IOXEL is entitled to bring action against you regarding all disputes related to the purchase agreement also at your residence, registered office or place of establishment.
  • Ownership, Use and Intellectual Property Rights
    • This Website and all intellectual property rights in it including but not limited to any Content are owned by IOXEL. IOXEL rights comprise copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these and shall remain owners of them and free to use them as we see fit.

Version 2.0 - January 21st, 2019


About
Contact
 
By continuing to use this website, you give your consent to the use of third-party cookies or other detectors used for analysis of data and statistical information, in order to subject you to advertising messages based on your interests, as well as videos , buttons for sharing social networks and content of platforms managed by social networks.