Terms and conditions
Terms and Conditions – AYXEN Ltd
OVERVIEW
This website is operated by AYXEN Ltd. Throughout the site, the terms "we," "us," and "our" refer to AYXEN Ltd. AYXEN Ltd offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content authors. Please read these Terms of Service carefully before accessing or using our website. By accessing the website or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE SHOP TERMS AND CONDITIONS
By agreeing to these Terms of Use, you confirm that you are at least the age of majority in the country where you reside, or that you are the age of majority in the country where you reside and have given us your consent that your minor relatives are allowed to use this website.
You may not use our products for any illegal or unauthorized purpose, and you may not, in the use of the Service, violate any laws applicable in your country (including, but not limited to, copyright laws).
You may not transmit any worms or viruses or any code of a destructive nature. A breach of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 – CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the service (or parts or content thereof) at any time without prior notice.
We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuation of the service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color accurately.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may also apply to orders placed from the same customer account or with the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
For further details, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control or have any influence over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms and conditions on which the tools are provided by the relevant third-party providers.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of third-party websites, and we do not warrant or assume any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products, or services.
We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review and ensure you understand the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit certain types of submissions (for example, contest entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to maintain Comments in confidence, (2) to pay compensation for Comments, or (3) to respond to Comments.
We are entitled, but not obligated, to monitor, edit, or remove content that we, in our sole discretion, consider to be unlawful, abusive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Use.
You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (even after you have placed your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content:
a) for any unlawful purpose;
b) to solicit or participate in any unlawful activity;
c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
d) to infringe upon our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit any viruses or any other type of malicious code that in any way affects or may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
h) collecting or tracking the personal information of others;
i) spamming, phishing, pharming, spidering, crawling, or scraping;
j) for obscene or immoral purposes; or
k) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant, represent, or guarantee that the use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or discontinue the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (unless expressly stated otherwise by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event will AYXEN Ltd, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of the use of the Service or any products obtained through the Service, or for any other claims in any way related to the use of the Service or any product, including but not limited to errors or omissions in content or any loss or damage of any kind resulting from the use of the Service or any content (or products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such loss or damage.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability is limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AYXEN Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SHIPPING, DISPUTES, CLAIMS, CHARGES
Shipping times may vary and may take up to 30 business days for an order to reach you, which may occur in rare cases – holidays and unexpected natural and political events. By making a purchase on our website, you agree not to file a chargeback or dispute for any reason within 30 business days of the purchase.
You agree to notify us by email at info@moorandco.com to resolve any payment issues with us. You agree to wait 30 business days before contacting your bank, payment processor, or payment gateway to report a chargeback or dispute.
You agree that you are liable for damages and business losses resulting from chargebacks or disputes you initiate within 30 business days of your purchase. You also agree to appear in court for small claims and to be liable for our legal fees.
If your order or products do not arrive and you can prove that you contacted us by email as described above and we have not contacted you or provided assistance within 30 business days of your purchase, you may file a dispute or chargeback without liability.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this agreement for all purposes.
These Terms of Use are effective until terminated by either you or us. You can terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Use, or if we suspect that you will fail to comply, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date; and/or we may accordingly deny you access to our services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted the text.
SECTION 18 – GOVERNING LAW
These Terms of Use and any separate agreements by which we provide you with services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 – KLARNA
In order to offer you Klarna's payment methods, we may transmit your personal information, in the form of contact and order details, to Klarna at checkout so that Klarna can assess your eligibility for their payment methods and tailor those payment methods to you. Your transmitted personal information will be processed in accordance with Klarna's Privacy Policy.