Terms & Conditions

TERMS AND CONDITIONS

DEFINITIONS
“Seller/we/our/us/Exsell Active” refers to Exsell Active, trading under Exsell Retail Ltd, a company registered in England under the company registration number 14630193, with its website located at www.exsellactive.com.

“Customer” refers to the individual or company to whom this document is addressed.

“International Customer” refers to a customer from outside the United Kingdom.

“Website” refers to www.exsellactive.com or any subdomains of www.exsellretail.com, unless expressly excluded by their own terms and conditions.

“Online Store” refers to the platform through which the Customer can browse and purchase products from Exsell Active, specifically the Website.

“Order” refers to the submission of an order for products on the Online Store by the Customer.

GENERAL
1.1 These terms and conditions apply to the supply of products by the Seller, referred to as Exsell Active, to the buyer, referred to as the Customer.

1.2 The Online Store is intended for use by individuals aged 15 and over. If you are under this age, you should not use the Online Store.

PRICE
2.1 The prices of the goods will be as quoted on the Online Store at the time of purchase. We make reasonable efforts to ensure the accuracy of the prices of goods entered into the system. However, if an error in the price of a product is discovered after you have placed an order, please refer to clause 2.4 for the resolution.

2.2 Prices for our goods may change from time to time, but such changes will not affect any order for which we have already sent a confirmation.

2.3 All prices are quoted in GB Pound Sterling and include VAT (where applicable) at the current rate chargeable in the UK. If the VAT rate changes between the date of your order and the date of delivery, we will adjust the VAT accordingly, unless you have already paid for the products in full before the change takes effect.

2.4 The Online Store may contain products with incorrect prices, despite our reasonable efforts. If we discover an error in the price of the products you have ordered, we will notify you of the error and provide you with the option to proceed with the purchase at the correct price or cancel your order. We will not process your order until we have received your instructions. If we are unable to contact you using the provided contact details, we will consider the order cancelled and notify you accordingly. Please note that if the pricing error is obvious and could have reasonably been recognized by you as a mispricing, we are not obligated to provide the products at the incorrect (lower) price.

PAYMENT
3.1 Payments can be made using the following payment methods (except for International Customers, as specified in clause 16), unless otherwise indicated: PayPal.

3.2 You may choose to view the prices of the products on our Online Store in any currency supported by us. The exchange rate applicable on the date of payment will be applied during checkout, ensuring that the payment is received in GB Pound Sterling.

3.3 Any discount or promotional codes issued by Exsell Active are subject to specific terms and conditions, including eligibility criteria and maximum order value. Certain brands or products may be excluded from discount codes. Please refer to the Promotion Exclusions page on the Online Store for further information. In case of any contradictions between the terms and conditions of the discount codes and these terms and conditions, the terms and conditions specific to the discount code will prevail.

3.4 We reserve the right to reject or cancel any orders that do not comply with these terms, even if your credit or debit card has already been charged. In such cases, we will provide a full refund for any amounts paid by you in relation to the order.

PASSING OF PROPERTY
4.1 Exsell Active retains the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by Exsell Active.

ORDERS

5.1 Acceptance and availability govern all Orders. After placing an Order with Exsell Active, the Customer will receive an acknowledgement and subsequent update email(s). However, receiving these emails does not confirm the acceptance of the Order by Exsell Active.

The contract between Exsell Active and the Customer, as well as Order acceptance, will commence when the products ordered by the Customer are dispatched from Exsell Active's warehouse for delivery to the Customer's provided address.

5.2 Exsell Active will take reasonable care, in accordance with applicable laws, to ensure the security of the Customer's Order details and payment. However, unless Exsell Active is negligent and subject to applicable laws, including data protection and privacy laws, Exsell Active cannot be held responsible for any loss incurred if a third party gains unauthorized access to the data provided by the Customer during online access or ordering from the Online Store.

Please note that transmitting information over the internet is not entirely secure. While we will make every effort to protect your personal data, the security of data transmitted to the Online Store cannot be guaranteed. Any transmission is done at your own risk. Once we receive your information, we will implement strict procedures and security measures to prevent unauthorized access.


DELIVERY

6.1 The provided delivery date or period is considered indicative and not binding. Our aim is to dispatch all orders within 3 working days. If any products are unavailable at the time of your order, we will send them to you promptly upon receipt from the supplier. In any case, delivery will be completed within 30 days from the date of order acceptance.

In the event of delivery delays caused by the supplier, carrier, or any other third party, Exsell Active will promptly notify you. In such cases, we will not be held liable for the delay, provided that we inform you. If there is a significant delay, you have the option to terminate the contract following the procedure outlined in clause 10 below. You will also be eligible for a refund for any products you have paid for but have not received.

6.2 We offer delivery to selected countries listed on the Online Store, at our discretion (referred to as "International Delivery Destinations"). However, certain goods may be subject to restrictions for specific International Delivery Destinations. Therefore, we advise you to review the information on the Online Store carefully before placing an order for goods.

6.3 If you order goods from the Online Store to be delivered to an International Delivery Destination, please note that the delivery may be subject to import duties and taxes imposed by the destination country. It is important to be aware that we have no control over these charges, and their amount cannot be predicted.

6.4 You will be responsible for the payment of any applicable import duties and taxes. Prior to placing your order, we recommend contacting your local customs office for further information.

6.5 It is your responsibility to comply with all relevant laws and regulations of the country to which the products are being delivered. We will not be held liable if you violate any such laws.

6.6 If Exsell Active fails to deliver your products within the specified timeframe, you have the following options: (a) consider the order terminated if Exsell Active has refused delivery, if timely delivery was essential (considering all relevant circumstances), or if you communicated the essentiality of timely delivery before order acceptance; (b) set a new reasonable delivery deadline and terminate the order if Exsell Active fails to meet the new deadline; or (c) cancel the order and receive a refund for the paid amounts of the products and delivery.

In cases where the products have already been delivered, you must return them to Exsell Active at the provided address, and we will reimburse the return costs.

SHIPPING

7.1 All Orders will be delivered using the service specified at the time of ordering. Exsell Active reserves the right to adjust prices to account for shipping costs, but the delivery cost will always be communicated to you before you finalize your order. If you require an alternative delivery method, please request it at the time of placing your order.

PASSING OF RISK

8.1 Once the products have been delivered to the address provided in the Order, the Customer assumes the risk associated with the ordered products. Exsell Retail is not liable for undelivered parcels due to incorrect or invalid delivery addresses provided by the Customer, or if the Customer fails to collect the Order from the specified delivery address despite our reasonable attempts to contact them regarding this matter.

8.2 In the event that a third party, authorized by you to accept the products or a courier commissioned by you for delivery, loses the order, Exsell Active assumes no risk once the products have been delivered to them. If goods are received in a damaged condition, a full refund will be issued if you notify us of the issue within 14 days of delivery, either by phone, email, or in writing. You will be required to return the goods, along with their original packaging, to the Exsell Active trading address as outlined in clauses 9 and 10 below.

8.3 If the goods require a signature upon delivery, the customer assumes the risk once the goods are signed for, provided that they are signed for by the customer or a person authorized by you. If you believe that a parcel has been tampered with, it is your responsibility to refuse to sign for the goods. Please note that refusing to sign for the parcel does not affect your rights of return as outlined in clause 10.

TITLE AND DEFECTS

9.1 Once full payment for the Products is received, ownership of the Products transfers to you. It is your responsibility to inspect the goods within a reasonable time after receiving them. According to the Consumer Rights Act 2015, products must be as described, fit for purpose, and of satisfactory quality. If the goods are faulty or misdescribed, you must notify the seller in writing or by email. You are entitled to a full refund, repair or replacement of the product, or a partial refund (refer to clause 10 below).

RETURNS PROCEDURE

10.1 To reject goods, you must follow the return procedure outlined in this clause 10. Exsell Active will only accept returned goods if the return adheres to the specified procedure.

10.2 The Customer must adhere to the returns policy stated, which involves notifying Exsell Active via email of their intention to return any goods.

10.3 If goods are rejected due to a defect or discrepancy in the order, you are entitled to a full refund within 14 days of product delivery. You must notify Exsell Active of the issue within 14 days of delivery and return the product to Exsell Active before a refund can be processed.

We will examine the returned product and notify you of the refund within a reasonable period, but no later than 7 days after confirming your entitlement to a refund for the defective product. The refund will cover the full product price, including delivery charges for sending the item to you and the cost you incurred in returning the item to us.

10.4 If goods are rejected due to a defect or misdescription, in addition to the rights stated in clause 10.3, you are entitled to a refund at our discretion for up to 30 days following product delivery. You must notify us of the refund request as per our returns policy and return the product to us.

10.5 If the rejection is due to an incorrect order from you or dissatisfaction (where we are not at fault), you are entitled to a partial refund (full refund of the goods minus any postage costs), unless the order is cancelled within the cooling-off period in accordance with clause 11. In such cases, a full refund will be provided. However, you will be responsible for the cost of returning the item to Exsell Active. The goods must be returned before the partial refund can be issued.

10.6 If you wish to cancel due to an action we have taken or will take, notify us as per our returns procedure, and we will provide a full refund for any products not provided (including delivery costs). You may also be eligible for compensation in the following situations:

10.7 1) We have informed you of an upcoming change to the product or these terms that you disagree with;

10.7 2) We have notified you of an error in the price or description of the product, and you no longer wish to proceed;

10.7 3) Delivery of the products has been significantly delayed due to an event beyond our control;

10.7 4) You have a legal right to end the order because of our actions.

10.8 When returning a product, you can either do so in person, post it back to Exsell Active, or allow us to collect it from you (if not suitable for posting). If you are returning products in accordance with clauses 6.6, 10.3, 10.4, or 10.7, we will cover the costs of postage or collection.



CANCELLATIONS

11.1 Non-defective cancellations will only be accepted if the Customer follows the specified cancellation procedure and subsequently adheres to the Returns Procedure described in Clause 10.

11.2 Within 14 days of receiving the goods, the Customer must contact Exsell Active in writing using the provided contact details. Following this communication, the goods must be returned to Exsell Active within 14 days of informing us about the decision to cancel the order. The returned goods should be in a new, unused condition, in their original undamaged packaging, with unbroken seals, and including all items and free gifts received. The Customer bears the responsibility of taking reasonable care of the products until they are returned to Exsell Active. If the goods have been used beyond what a customer would typically do when examining goods in a retail shop before purchase, Exsell Active reserves the right to deduct an appropriate amount from the refund to account for any reduction in value due to the Customer's use. A refund will be issued within 14 days of receiving the returned products.

OUR LIABILITY

12.1 We are responsible for any foreseeable loss or damage resulting from our breach of these Terms or our negligence. However, we are not liable for any loss or damage that is not reasonably foreseeable. Loss or damage is considered foreseeable if it was an obvious consequence of our breach or if it was contemplated by both parties at the time the contract was entered into.

12.2 Our liability is not excluded or limited in the following instances:

12.3. 1) In cases of death or personal injury caused by our negligence;

12.3. 2) In cases of fraud or fraudulent misrepresentation;

12.3. 3) In cases of defective products under the Consumer Rights Act 2015.

12.4 As a consumer, you have legal rights regarding faulty or misdescribed products. Your local Citizens' Advice Bureau or Trading Standards office can provide advice on your legal rights. These legal rights are not affected by anything stated in these Terms.

PRIVACY POLICY

13.1 Your personal data will only be used in accordance with our privacy policy.

INTELLECTUAL PROPERTY

14.1 The Customer must honor all license agreements provided by copyright owners. Exsell Active cannot be held responsible or liable for any misuse of intellectual property by the Customer or any third party.

14.2 All trademarks displayed on www.exsellretail.com belong to their respective registered owners and may not be copied without prior permission.

14.3 Commercial use of any materials on the Online Store is prohibited without obtaining a license from us or our licensors.

REVIEWS

15.1 By submitting a review or utilizing any other feature that allows you to upload content to the Online Store or interact with other users, you warrant that your contributions are accurate and do not contain unlawful or objectionable content. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist. You also warrant that you own or have control over all rights to the content you post, and that such content does not violate the rights of any third party. You agree to indemnify us for any breach of these warranties.

15.2 Any material you upload to the Online Store will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute, and disclose such material to third parties for any purpose. You waive your right to be identified as the author of such content and your right to object to derogatory treatment of the content.

15.3 We reserve the right to utilize the name you provide in connection with your submitted content and to disclose your identity to any third party claiming that your posted or uploaded material on the Online Store violates their intellectual property rights or right to privacy.

15.4 We hold no responsibility or liability towards any third party regarding the content or accuracy of materials posted by you or any other user on the Online Store.

15.5 We have the authority to remove any material or post you make on the Online Store if, in our judgment, such content does not comply with the specified content standards.

INTERNATIONAL CUSTOMERS

16.1 Customers residing outside the UK are required to pay with an International credit card and must make payments in GB Pound Sterling, unless otherwise specified. While the Online Store may display the Product's value in your local currency, the exchange rate prevailing on the purchase date will determine the payment received by Exsell Active in GB Pound Sterling. All other terms and conditions remain applicable.

CHANGES TO TERMS & CONDITIONS

17.1 We retain the right to modify these terms and conditions at any time, but we will notify you in advance of any such changes.

LAW AND JURISDICTION 18.1

These terms and conditions are governed by and shall be interpreted in accordance with English Law. The non-exclusive jurisdiction of the courts of England and Wales applies to these terms and conditions. Any individual engaging in fraudulent credit card transactions will be prosecuted without exception.