1. Order Acceptance1.1 A contract for the sale of product(s) you order from us is only created once it has been paid for.
1.2 Orders are subject to availability.
1.3 We will not be legally bound by any factual or typographical errors on the website or other promotional materials.
2. Price and Delivery2.1 The price you will pay for the goods is the price listed in the site.
2.2 Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.
2.3 If you place your order online we'll send you an e-mail to let you know when we've dispatched your order. Your order should arrive within not more than 28 working days of dispatch. This maximum delivery period shall have elapsed before we will consider claims for lost in transit consignments.
3. RISK AND TRANSFER OF TITLE3.1 Loading, dispatch or transport, unloading and insurance of the goods to be delivered takes place at the risk of the customer, even if these are handled by Nexus Laboratories;
3.2 All goods delivered by Nexus Laboratories remain the property of Nexus Laboratories until such time as the customer has paid in full all that which is owed to Nexus Laboratories in connection with the underlying agreement and/or earlier of later agreements of the same nature, including damages, costs and interest. The customer has no right of retention with respect to these goods.
4. Liability and DisclaimerTo fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees we shall not be liable to you by reason of any representation, or any implied warranty condition or other term or any duty at common law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the website, the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except expressly provided in these conditions. This does not affect your statutory rights.
5. Force MajeureWe reserve the right to delay delivery or to cancel the order or reduce the volume of the goods ordered by you (without any liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labor disputes (whether or not relating to either party's work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order.
6. InvalidityIn the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.
7. VariationThese terms and conditions cannot be varied except in writing signed by an authorized person at Nexus Laboratories.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
GeneralSave as expressly provided, these terms are not intended to confer any benefit on a third party under the provision of the Contracts (Rights of Third Parties) Act 1999. Any rights not expressly granted herein are reserved to us.
We reserve the right to decline to supply any individual or company. We reserve the right at any time to suspend or terminate your access to or use of the website. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions which shall continue to have full force and effect.
We will not be liable to you in the event that we are prevented by circumstances beyond our control from delivering any product which you have ordered.
The failure by us to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.