This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website at xieandco.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. Information about us
1.1 Xieandco.com is a site operated by Xie Design Ltd whose office is located at Business Start-Up Hatchery, 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, England, NE1 8ST (us/we).
2. Service availability
Our site is intended for use by people resident in the United Kingdom. If you use our site from other jurisdictions, please note that you may be liable to pay additional shipping costs and import duties. All Products listed on the site are lawfully for sale in the United Kingdom but you should check on the legality of Products in which you are interested in your own jurisdiction before you order them. Please see clause 12 below for more on this.
3. Your status
3.1 By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and.
(c) You are purchasing Products for private and domestic use and not for resale in the course of a business.
3.2 In order to purchase Products from us, you must:
(a) Provide us with all the information that we require, such as your full name, phone number, email address, billing and delivery addresses and any other information that we may request from time to time.
(b) Have a valid credit or debit card issued by a bank that we accept.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order (the Order Receipt). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (the Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.3 In the event that prior to the Dispatch Confirmation, we find that we are unable to satisfy your order for any reason (such as falling levels of stock) we will attempt to make contact with you in order to offer you any available alternatives.
4.4 We do try to make sure that all information on the site is correct all the time but sometimes mistakes are made. In the event of clear error, please see clause 9 below but note for now that we reserve the right to cancel your order even after sending you the Dispatch Confirmation, right the way up to the point at which you accept delivery.
4.5 Where we have the Products in stock, we will take payment from you immediately. However, from time to time we may provide you with the opportunity to place an advance order on Products that we have yet to receive into stock. In these circumstances, we may offer you the chance to pay a deposit in order to secure your order. Once we receive the Product in question, we will check it for quality purposes and if we are satisfied, we will take the balance due and issue the Dispatch Confirmation.
4.6 Products displayed on the site are shown in full colour, but computer monitors and screens vary so we cannot guarantee that the colour you see on screen will exactly match the colour of the Product in question.
5. Our Status
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. Consumer Rights
6.1 If you are contracting as a consumer, you have the right to change your mind about an item, which in this case, must be done within 28 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) goods that are affected by matters of hygiene (including earrings) once they have been removed from their packaging; or
(b) products that you have asked us to tailor to your specific requirements.
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
7. Availability and Delivery
7.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. For more information, please see our Delivery & Returns Policy.
7.2 Faulty Products will be exchanged or refunded within 28 days of purchase but only where we are satisfied, on inspection, that the Product in question is faulty and that the fault has not arisen out of normal wear and tear. Damaged or soiled Products will not be accepted as returns under any circumstances.
7.3 We will refund shipping costs where the cause of the return is our fault, e.g. the Product is faulty or is not what you ordered, but not on occasions where you have simply changed your mind about the item. If you do not make use of our Delivery & Returns Policy when returning purchases to us, you will have to pay for the shipping of the Products yourself, though we are happy to accept returns that comply with these Terms and our Delivery & Returns Policy however they get to us.
8. Risk and title
8.1 The Products will be at your risk from when they are delivered.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, or at the precise time you sign for delivery (or someone else does this on your behalf), whichever is the latter.
9. Price and payment
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery & Returns Policy.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or, if this information comes to light after we have taken payment, we will refund the difference to the card that you have used for payment. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products may be made by credit or debit card, as well as PayPal, through the site. We accept payment with most major credit and debit cards. Your credit or debit card will be charged immediately. In the event of payment by cheque or postal order, your order will be prepared immediately and held at our warehouse pending clearance of the payment.
10. Our refunds policy
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the 28 day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 28 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the delivery cost of sending the item to you.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective, or because the fit is wrong), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, usually within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our liability
11.1 We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THIS AGREEMENT IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT YOU PURCHASED AND ANY LOSSES WHICH ARE FORESEEABLE AS A CONSEQUENCE OF US BREAKING THE AGREEMENT. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY BOTH YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987 (or any successor legislation that replaces this);
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE (SUCH AS LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, WASTE OF MANAGEMENT OR OFFICE TIME) HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH INDIRECT DAMAGE IS FORESEEABLE.
12. Import Duty
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact the local customs office in the jurisdiction within which delivery is to take place for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined and it is your responsibility to make yourself aware of such laws and regulations. We will not be liable for any breach by you of any such laws.
13. Written Communications
13.1 The law requires that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be addressed to Xie+Co and must be delivered to firstname.lastname@example.org or Business Start-Up Hatchery, 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, England, NE1 8ST. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 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.
15.3 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.
16. Events Outside Our Control
16.1 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).
16.2 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 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.
17.1 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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
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.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We (that is, you and us) each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Our Right to Vary These Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect (without limitation) changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
21.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.