zXezXe

My Account

Terms & Conditions

Terms & Conditions of Website Use, and Lease and/or Sale of Products.

1.0 Acceptance of Terms & Conditions:

1.1 These Terms & Conditions of use constitute a binding legal agreement between the Customer (“you”, “Your”) and “Ourselves”, “We”, “Us”,  ‘zXezXe’, which is a trading name of Callias Limited (Company Number 08927768 of 27, Old Gloucester Street, London, WC1N  3AX, United Kingdom, which is our registered office.

2.0 Governing Terms:

2.1 These Terms & Conditions of Use govern your use of our website (“Site”) and our service and sale of products (“Products”, “Service”).  By using the Service or visiting our Site, you automatically agree to accept these Terms & Conditions of Use, Terms & conditions of the zXezXe privacy policy and any modifications that may be made to the Terms & Conditions of Use from time to time; if you do not agree to these Terms  & Conditions of Use you should not attempt to use our Service, or continue to visit our site. These terms and conditions apply to all users including but not limited, to users simply browsing through the website & to users purchasing or leasing through the website.

3.0 Modifications to the Terms & Conditions of Use:

3.1 We reserve the right to modify these Terms & Conditions of Use at any time in any way at our sole discretion.  Any notice of any modification of these Terms & Conditions of Use will be on this Site, and any such modifications will be effective upon the posting of such notice.  Your continued use of this Site constitutes your acceptance of such modifications

3.2 If you do not agree to any changes in the Terms & Conditions of Use as they may occur, please arrange to terminate any membership or registration with our Site and service immediately, by notifying us of your unwillingness to accept the changes to the Terms & Conditions of Use and Service, by emailing us using the contact information on the Contact Us page of this Site and by discontinuing your use of our service and site.  We shall not be liable to you or to any third party for any modification of the Terms & Conditions of Use.

4.0 Our Service:

4.1 The Service allows registered members to access purchase or lease our products, in accordance with these Terms & Conditions of Use.  The customer can choose products from our on-line selection, and have them delivered to their registered address at the agreed date.  However, we reserve the right to limit the number of items a member may take at once.  Delivery time for products you have chosen may vary based upon (a) inventory available, (b) your delivery address, (c) the time you placed an order, and (d) other circumstances impacting delivery.  We make no complete guarantee as to any actual delivery time.  The risk of loss for items shipped passes to you upon our instruction to the carrier. We will send you an email letting you know when your product has been dispatched by our service centre.

4.2 You agree to take good care of any leased product and any accompanying packaging and/or documentation that are supplied with the product.  If the product returned is damaged or in a dirty condition that exceeds normal wear and tear, as determined by us in our sole discretion, you agree that we may invoice you for the full cost of replacing such item, as well as charge you the full amount of any lost income or incurred costs resulting from the damage.  The product replacement fee will vary depending on the specifics for each product and its amount is to the full discretion of our Customer Care Team. If we determine, in our sole discretion, that the product returned is capable of repair or restoration to its original condition, we may charge you a lesser amount than the relevant replacement fee, to cover the cost of any such repair or restoration.

4.3 You agree to return the product on or before the agreed end of the lease date or a maximum within 7 days of the expiry of your lease contract. If the product is returned later than the 7 day time period, you agree that we may invoice you for the time that the Product has been delayed, as well as charge you for the amount for any lost income or incurred costs resulting from such delay.

4.4 At all times, zXezXe remains the legal owner of all products supplied on lease.  When you lease a product from us, you agree not to re-sell, re-lease, sub-rent or give away the product, or make them available to anyone else’s use.   Under no circumstances are you to clean any of the products yourself by any means (dry cleaned or otherwise), in a less than professional manner.  If done so, we reserve the right to invoice for the full cost for part or full replacement value of the items, and charge you the full amount of any potential lost income or incurred costs, regardless of whether any additional damage has been caused.

5.0 Becoming a Customer and Obtaining an Account With Us:

5.1 Before you can buy or lease our products, you must register as a member through the Site and obtain an Account (“Account”).  By registering as a Member through the Site, you give us permission, to obtain Credit Information from any Consumer Credit-reporting Agencies if needed,  before you obtain an Account and any lease during the course of  your membership. You expressly authorise us, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time (including but not limited to your credit or debit card number or credit reports), in order to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchase transactions and any recurring debits, so far as is necessary for those purposes.  

5.2 We may in certain circumstances, require a security deposit, to be debited from your payment card before dispatching any products.

5.3 You must be (i) at least 18 years of age, (ii) able to lawfully enter into contracts on the Site in accordance with English Law, (iii) have a valid debit or credit card with a bank of other provider acceptable to us, in order to register as a member and use our Service.

5.4 You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the ‘Registration Data’), and you agree to maintain and promptly update the Registration Data with any personal changes,  to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that any such information provided is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse to offer you any current or future use of the Service and the Site.

5.5 We may require proof of your payment details, address and/or identification, in order to detect and prevent potential fraud that could affect both you and us. If this is required we will contact you before dispatching any products.

5.6 You alone are responsible for maintaining the confidentiality of your account and any passwords, and are solely responsible for any activity related to your account. If you suspect any unauthorised use of your account, notify us immediately. In order to provide you with ease of access to your account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognise you as the account holder and allow you to more easily access your account. You can read more about this in our “Cookies” section on this site.

5.7 We will only arrange delivery to the cardholder’s registered name and address location, unless very secure alternative arrangements have been agreed to. In the event of non-delivery to a different address, we shall not be liable for establishing the security or reliability of any location or person, who takes custody of any parcel for you.

5.8 You must reply back to the ‘End of lease approaching’ email that you receive from zXezXe and inform us if you would like to purchase/ renew/ exchange the product leased from us. If you do not reply to this email by the deadline specified on the email, your lease will automatically renew for successive monthly periods. We reserve the right to cancel your membership at any time if we believe these terms & conditions have been breached. In the event you have cancelled your membership or such membership has been terminated by Us, all leased items must be returned to us upon request, without set off, deductions of costs or apportionment of any fees that might have just been collected, or have entered processing to be collected.

5.9 We reserve the right, at our absolute discretion, to refuse you an account, or to supply any items for sale or lease to you for any reason. We will not be liable to any person by reason of refusing to process or suspending or terminating an account or purchase application.

6. Billing:

6.1 By signing up for our services, you authorise Us or our payment processing agent to bill your credit card the applicable purchase fees, lease fees, shipping charges, any applicable taxes, and any other charges you may incur in connection with your use of our services.  These fees will be charged to your credit card on the date your purchase or lease payment is made.  In the event of a lease agreement, if the item is not returned on the due return date as notified in the End of Lease Approaching email, we will charge your credit card for the full cost of the item, at the rate set for the product as stated on the website.

6.2 If we are unable to obtain payment from your credit card provider, or if your credit card expires or is rejected, you hereby agree to pay all the amounts due from you, including but not limited to any additional fees incurred by using the services of a third party collection agency in pursuing amounts you may owe.

6.3 You are solely responsible for any and all fees charged to your credit card by the issuer, bank or financial institution including, but not limited to, overdraft, insufficient funds, and any over the credit limit fees.  You agree to notify us about any billing problems or discrepancies within 7 days after they first appear on your account statement.  If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

6.4 We may modify price, content or nature of our Products or lease arrangements at any time.  

6.5 We may provide notice of any such changes by email, notice to you upon log in, or by publishing them on the website.

7.0 Sale or Discounted Items:

7.1 Only regular priced items may be refunded in line with our refund policy, unfortunately sale items cannot be refunded, and are sold on an ‘as seen’ basis via our website.

8.0 Gift Items:

8.1 If the Product was marked as a gift when purchased and shipped directly to you, and the item is approved for a return, you will receive a gift credit for the value. 

8.2 Once the returned item is received by Us within 14 days of authorisation of return, a gift certificate for that value to be used against alternative purchases with zXzeXe will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send any such refund to the gift giver, who will in consequence, be advised of such return or refund. Such item should be returned in its original condition as received, complete with packaging and any labels are tags in place, otherwise we reserve the right to refuse any refund.

9.0 Vouchers& Gift Cards:

9.1 We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to commence delivery of Products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. 

9.2 All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder), when the Holder redeems the Voucher by applying for a Service to commence.

9.3 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

9.4 We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

9.5 Vouchers may only be redeemed through our website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

9.6 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at their normal rates. Any Gist Certificates or Vouchers will only be accepted by us, within any expiry date shown on them.

10. Shipping & Delivery:

10.1 We ship products only to customers within the EU. However, we offer free shipping for both leased products and product sales for customers within the UK. Regrettably, leased products are only supplied and delivered within the UK.

10.2 Once despatched, all products become subject to the Terms of Carriage of the appropriate transit or delivery company/ service. Refunds against products damaged, lost or stolen during transit, will not be provided by us. In such circumstances, you will need to contact the carrier for any refund and claims according to their own procedures. 

11.0 Product Availability:

11.1 Since each product is a bespoke line and produced in limited numbers, we cannot guarantee availability of products at all times. In the event of non availability of a particular item you desire, you can contact us at support@zxezxe.com to add your name on our Product waiting list. When you pre-order such product, we may charge you a small non-refundable deposit to secure your order. We shall then advise you when we anticipate the new availability of such product.

12.0 Cancellation, Exchanges, Returns & Refunds

12.1 We accept product returns or exchanges within 14 days of product delivery. This is applicable for product sales only. Products which are taken on lease, can only be returned at the end of the lease period. Any returns which are past 14 days of delivery cannot be returned or refunded, unless they arrived in a defective condition. Your statutory rights are not affected by this. You should check your products for any defects as soon as you receive them. If for any reason you are not satisfied with your order, please contact us within 24 hours of delivery to support@zxezxe.com

12.2 To be eligible for a return, your item must be unused, and in the same condition that you received it. We recommend that you use a trackable shipping service and purchase shipping insurance for any returns. We don’t guarantee that we will receive your returned item. So for your complete peace of mind we recommend you always track your return delivery.

12.3 The products must be unused in their original packaging, with their original labels still attached.

12.4 To initiate a return, we require a receipt or proof of your purchase. If you would like to initiate a return please email us at support@zxezxe.com and we will send you returns information within 24 hours of receiving your email. Please do not send your purchase back to us without notifying us, as this will invalidate your right to a return, replacement or refund. Once your returned product is received and inspected, we will send you an email to notify you that we have received your returned item and the outcome of our inspection i.e. if the refund has been granted or declined. 

12.5 If your returns request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 7 working days. If the return is declined, you will be advised of the reason why.

13.0 Exchanges: 

13.1 At zXezXe we strive hard to ensure that all of our products are handcrafted to the highest quality. In the rare event of the product being damaged or defective, please contact us immediately on support@zxezxe.com after receiving the product and we will try our best to work out a viable solution for you. 

13.2 Please note that we only replace items if they are defective or damaged.  Exchanges are only valid for product sales. Products leased from us can be exchanged only after the end of the lease period. 

14.0 Product Lease Information:

14.1 Our products are available for immediate purchase or on lease. We offer 2 types of product leases- 3 months & 6 months.

14.2 At the end of the lease period you can;

(a) extend the lease on the item by continuing the appropriate lease payments. As products are produced in smaller exclusive numbers, you should check whether the product you desire is available, or join a wait list until it is released.

(b) return it back to us with no additional charges or obligations

(c) buy the leased item from us paying the retail price less 50% off your lease amount

(d) exchange - sending back your current product, leasing the new product from us

14.2 In the event that the leased product returned by You the customer is in a poor condition, damaged or in a shabby condition, and cannot be reused, You hereby authorise zXezXe to deduct payment from your registered card at the rate of the Full Product Retail Price less 50% times the lease value. In the course of usually expected wear and tear which does not affect re-leasing of the product, no penalty will be deducted.  

14.3 In the event that the Product Item is lost or stolen whilst in Your care under the lease arrangement, We will charge Your card for such loss. We therefore strongly advise You to ensure that the item You have leased, will be adequately covered for such loss or theft under Your own home contents insurance cover, whilst leased to You.

15.0 Suggestions & Complaints:

Our contact details for any praise, complaints, written communications, or delivery and serving of official notices, is support@zxezxe.com 

16.0 Warranty:

16.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Our Products are guaranteed for 12 months from the date of sale against defects. All products are sourced from suppliers who state they conform with all ethical work policies, and all safety and regulatory requirements for sale and match any and all safety requirements. 

17.0 Transfer of Rights & Obligations:

17.1 The contract between you and us is binding on you and us and on our respective successors and any assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18.0 Intellectual Property Rights:

18.1 We are the owner or the licensee of our intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved. Any and all tradenames, trademarks and copyrights used in this website belonging to any other owner, are hereby and expressly acknowledged.

18.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and/or our licensors.

18.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. You hereby agree that you will immediately upon notice from us, remove any comments you have made which we consider to be defamatory, wholly inaccurate or untruthful. We reserve the right to take appropriate legal action against any defamatory comments made, including any civil or criminal remedy available to us.

18.4 By subscribing to the Services you irrevocably authorise us to quote from your any commentary you make, on our site and in any advertising or social media outlets which we may create or contribute to.

19.0 Events Outside of Our Control:

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

19.3 Strikes, lock-outs or other industrial action;

19.4 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

19.5 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

19.6 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; and

19.7 The acts, decrees, legislation, regulations or restrictions of any government.

19.8 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for 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 under the Contract may be performed despite the Force Majeure Event.

20.0 Waiver:

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

20.2 A waiver by us of any default by You, will not constitute a waiver of any subsequent default.

20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated in writing in accordance with clause 3.1 above.

21.0 Severability:

21.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22.0 Entire Agreement:

22.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

22.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether innocently or negligently) will be for breach of contract.

22.4 Nothing in this clause limits or excludes any liability for fraud.

25.0 Our Liability:

25.1 Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the actual purchase price of the Products.

25.2 Nothing in this agreement excludes or limits our liability for:

25.3 Death or personal injury caused by our negligence;

25.4 Fraud or fraudulent misrepresentation;

25.5 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

25.6 Defective products under the Consumer Protection Act 1987; or

25.7 Any other matter for which it would be illegal for us to attempt to exclude our liability.

26.0 Privacy:

26.1 Any information submitted on via our Site is subject to our website Privacy Policy, the terms of which are also incorporated into these Terms of Use.

27.0 Submissions, Questionnaires & Unsolicited Matter:

27.1 The site may allow you and other third parties to post reviews or comments concerning the service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the site are those of the respective authors or producers and not Us, or our shareholders, directors, officers, or employees. 

27.2 We may review and delete any content, in whole or in part, that in our sole violate these Terms & Conditions of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties.  Nonetheless, under no circumstances will We or our shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the information, opinion, or other content available through the service or the site.

27.3 We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (a “Submission”), including, without limitation, responses to questionnaires or through on the site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the site and the service. 

27.4 By posting any Submission on the site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind, now existing or developed in the future. 

27.5 By posting or providing any kind of Submission or information, you represent and warrant that public posting and use of your Submission or information by will not infringe on or violate the rights of any third party.

27.6 We do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. In the event that you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

28.0 Your Use of The Site

28.1 Unless otherwise specified, the Site is made available to you for your personal and non-commercial use but subject to these Terms and Conditions of Use. We reserve the right to refuse orders from businesses that we consider are for commercial or non-domestic purposes. 

28.2 We grant you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without our express written consent. 

28.3 Any and all unauthorised uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

28.4 Although we aim to offer you the best possible service, we do not warrant that the Service or the Site will meet your specific requirements. We cannot guarantee that the Service of the Site will be fault free. 

28.5 If a fault occurs with the Site you should report it to us using the contact details shown on the Contact Us section of the Site and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In such circumstances, we will attempt to restore the Service as soon as we reasonably can.

29.0 Use Restrictions:

29.1 You will not use the site or service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable material; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.

29.2 You agree that you will not (f) upload, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

29.3 You agree you will not (h) interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.

29.4 We and our affiliates, suppliers, and their respective directors, shareholders, officers, employees and agents liability under these Terms and Conditions of Use and any other Terms and Conditions is limited to direct, objectively measurable damages.  We and our affiliates, suppliers, and their respective directors, shareholders, officers, employees and agents will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential, incidental, and special damages) including but not limiting to loss of use, business interruptions and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. 

29.5 We and Our affiliates, suppliers, and their respective directors, shareholders, officers, employees and agents total liability to you (for any claim arising out of or relating to the service, the products, the site or these terms and conditions of use, whether in contract or in tort), shall not exceed the amounts paid to Us by you under these terms of use. 

29.6 Each provision of these Terms  & Conditions of Use that provide for a limitation of liability, disclaimer of warranties, or exclusion of damages, is to allocate the risks under these terms of use between the parties.  This allocation is reflected in the pricing offered by Us to you, and is an essential element of the basis of the bargain between the parties.  

29.7 Each of these provisions is severable and independent of all other provisions of this agreement.  The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in under these terms and conditions of use.

30.0 Indemnity:

30.1 You agree to indemnify and hold Us and our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use or misuse of our service, in violation of these Terms & Conditions of Use and/or arising from a breach of these Terms & Conditions of Use.

31.0 Termination of Your Account:

31.1 You agree that we at our absolute discretion, may terminate your password, your account with us, or your use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use, failure to promptly pay any owed fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. 

31.2 We may, at our absolute discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and Submissions made from your account and bar any further access to such information or to the Site. 

31.3 Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

32.0 Assignment of Account or Rights:

32.1 You may not transfer any of your rights under these Terms & Conditions of Use to any other person. We may transfer our rights under these Terms & Conditions of Use to another business where we reasonably believe your rights will not be affected.

33.0 Pricing:

33.1 All prices are in GB Pounds (£) sterling, inclusive of UK VAT (where applicable).  Prices for purchase of any of Our Products on the Site will vary from product to product. Please see the relevant page of the Site for any such prices and information on how to purchase the products.

33.2 If at any time we accept any telephone orders and payment, we will need you to still agree with the Terms & Conditions of Use of this agreement, and in concluding the transaction you are deemed to have agreed so to do.

33.3 In the unlikely event that the price of a product has been incorrectly advertised, we will contact you to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. We will not be obliged to supply products at the incorrect price.

34.0 Rights of Third Parties

Except as expressly provided for above, nothing in theses Terms of Use confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

35.0 Governing Law:

35.1 These Terms of Use are governed in all respects by the laws of England and Wales. Any dispute arising out of or relating to these Terms of Use, the Service, the Products, or the Site, if not previously settled amicably, shall be settled before the English Courts.