Terms of Purchase

TERMS OF PURCHASE

Last updated: July 2018

These Terms of Purchase apply to all products and services purchased through http://www.exlecticlocal.com, including any related website operated by the Company, collectively referred to as the “Company Sites” or the “Sites.”

Your access to and use of the Company Sites, as well as any purchase made through them, is also subject to our Terms of Use and Privacy Notice. Those policies are incorporated into these Terms of Purchase by reference.

These Terms of Purchase, together with any separate agreement under which we provide products or services to you, shall be governed by and interpreted in accordance with the laws of the United Kingdom.

IMPORTANT NOTICE

Please review these Terms of Purchase carefully before ordering or using any product or service made available through the Company Sites.

You should also read the Terms of Use, Privacy Notice, and any additional policies or agreements referenced in these Terms.

By submitting an order, purchasing a product or service, or otherwise using a purchased product or service through the Company Sites, you confirm that you have read, understood, and agreed to these Terms of Purchase.

Your agreement includes, without limitation, the arbitration agreement and class-action waiver referred to in the applicable dispute-resolution provisions.

1. ELIGIBILITY AND GENERAL CONDITIONS

These Terms of Purchase form a valid and legally binding agreement between you and the Company and may be enforced in accordance with their provisions.

By purchasing through the Company Sites, you represent and confirm that:

• You are at least 18 years old
• You have reached the legal age required to enter into a binding contract
• You are not prohibited from receiving the relevant products or services under applicable laws, regulations, or rules

Products and services purchased through the Company Sites must be obtained and used in full compliance with these Terms of Purchase and all applicable legal requirements.

You are responsible for confirming that your purchase, possession, importation, and use of a product are lawful in your country, state, province, region, or other jurisdiction.

This responsibility includes compliance with the laws of the destination to which the product is shipped.

Telephone calls, emails, customer-service conversations, and other communications between you and the Company may be monitored or recorded where permitted by law.

2. PRIVACY AND PERSONAL INFORMATION

The Company’s Privacy Notice explains how personal information may be collected, stored, used, disclosed, transferred, and otherwise processed.

The applicable Privacy Notice is available through:

http://www.exlecticlocal.com

By interacting with the Company through the Sites, email, telephone, or another communication method, you consent to the processing of personal information in accordance with the Privacy Notice.

The Company may revise its Privacy Notice at its discretion. Any updated version will be published on the Company Sites.

Continued use of the Sites after a revised Privacy Notice has been posted will constitute acceptance of the updated notice.

3. ORDER PROCESSING

The Company reserves the right to refuse, suspend, decline, or cancel an order at its discretion when circumstances reasonably justify doing so.

An order may be rejected or canceled for reasons including, but not limited to:

• The requested product or service is unavailable
• An item has sold out
• A price or product detail was displayed incorrectly
• The transaction appears suspicious or potentially fraudulent
• The customer’s identity or payment information cannot be verified
• The Company determines that processing the order would be inappropriate

The Company may take reasonable steps to verify your identity, billing information, payment method, or other order details before approving or fulfilling a transaction.

When an order is not processed or is canceled by the Company, you will either not be charged or, where payment has already been collected, the relevant amount will be refunded.

To the fullest extent permitted by law, the Company also reserves the right to:

• Withdraw or revoke an advertised offer
• Correct typographical errors, omissions, or inaccurate information
• Update prices
• Change promotional terms
• Revise product descriptions or specifications
• Modify Site content or other information

Such corrections or changes may be made without advance notice, including after an order has been submitted, confirmed, dispatched, or received, except where applicable law requires otherwise.

4. PRODUCT AND SERVICE INFORMATION

We make reasonable efforts to present product and service descriptions accurately.

However, the Company does not guarantee that every description, image, specification, price, or other piece of information displayed on the Company Sites will always be complete, accurate, current, reliable, or free from error.

If a product or service materially differs from the description provided on the Site, the remedy available to you will be subject to these Terms of Purchase and the Company’s applicable return or refund policy.

5. QUICK-VIEW AND ADD-TO-CART FEATURES

Certain products may be displayed through a quick-view function that allows customers to see limited product and pricing information and place an item in the shopping cart without opening the complete product page.

Quick-view and add-to-cart tools are provided solely for convenience.

The full product page should be reviewed before purchase because it may contain more detailed information regarding:

• Product features
• Product source or origin
• Specifications
• Available options
• Pricing
• Other purchase-related details

6. PRICING INFORMATION

The Company takes reasonable steps to display accurate prices for products and services offered through the Company Sites.

Nevertheless, pricing errors may occasionally occur.

If a product or service is listed at an incorrect price, the Company may decline to process or may cancel the related order at its discretion.

When an order is canceled because of a pricing error, the Company will notify the customer by email.

The Company may also correct an inaccurate full retail price or other pricing information at any time, subject to applicable law.

7. PRODUCT AND SERVICE AVAILABILITY

The Company Sites may display information concerning whether a product or service is available.

Availability information is intended only as an estimate of the likelihood that an item can be dispatched promptly after the order is submitted.

A successful payment does not guarantee immediate shipment.

The estimated delivery period to the destination address is generally approximately 30 days or less after payment has been completed.

Actual delivery timing may change because of factors including:

• Product shortages
• Inventory fluctuations
• Severe or unfavorable weather
• Carrier transit times
• Customs processing
• The destination address
• Other logistical circumstances

The Company cannot guarantee that an item displayed as “in stock” will be available for immediate dispatch.

Inventory levels may change rapidly. In some cases, an item may appear available when the order is placed but become unavailable before the Company completes processing.

When this occurs, the Company may remove or cancel the unavailable item and notify you by email.

A service displayed as unavailable will generally no longer be offered.

If the Company determines that a requested product or service is no longer available, it may cancel that item from the order, notify the customer, and remove the offering from the Company Sites.

8. PRODUCT-SPECIFIC DISCLAIMERS AND CUSTOMER RESPONSIBILITIES

In addition to any disclaimers contained in the Terms of Use, products and services purchased through the Company Sites may be subject to the following conditions:

a. A product or service may not include a manufacturer’s warranty, even when the same or a similar item is sold elsewhere with such a warranty.

b. Customer support, maintenance, repair services, or other service options may not be included.

c. Product manuals, instructions, labels, or safety warnings may not be available in your native language or in the official language of the destination country.

d. A product may not have been designed, tested, certified, or labeled according to the standards, technical requirements, or regulations of your jurisdiction.

e. Electrical products may not be compatible with the voltage, plug format, frequency, or other electrical requirements used in your country. An adapter, transformer, or converter may therefore be required.

Before purchasing, you are responsible for researching the product and determining whether:

• It is suitable for your intended purpose
• It meets your personal requirements
• It complies with local standards
• It can be legally imported into the destination jurisdiction
• It can be lawfully owned and used in that jurisdiction
• Any additional equipment or adapter will be required

By completing the purchase, you accept these responsibilities.

9. TAXES, CUSTOMS DUTIES, AND OTHER CHARGES

You are responsible for taxes, customs duties, tariffs, import charges, and other governmental fees imposed by the country or jurisdiction to which the product is shipped.

These amounts may include, without limitation:

• Sales tax
• Use tax
• Value-added tax
• Import duties
• Customs-processing charges
• Tariffs
• Other local or national fees

Where applicable, consumption taxes or customs duties may be included in the payment collected at checkout.

Any tax, duty, tariff, or fee that is not collected as part of your payment remains your responsibility.

10. GOVERNING LAW

These Terms of Purchase, the Terms of Service, and any separate contract through which the Company supplies products or services shall be governed by and construed in accordance with the laws of the United Kingdom.

11. COMPANY INFORMATION

This website is owned and operated by:

XTBM Hong Kong Limited

Registered address:

Room 1505, 15/F
Yu Sung Boon Building
107–111 Des Voeux Road Central
Hong Kong

IMPORTANT: The registered address listed above is not a return address.

Products must not be sent to this address. Any approved return must follow the instructions and use the return location specifically provided by the Company’s customer-support team.