- This website is operated by Xoticbugs. Throughout the site, the terms “I”, “me”, “we”, “us” and “our” refer to Xoticbugs.
- By visiting our website and/or placing an order with Xoticbugs, you engage in our “Service” and agree to be bound by these Terms and Conditions, including any policies or updates referenced herein.
- We reserve the right to update, change, or replace any part of these Terms and Conditions at our discretion. It is your responsibility to check this page periodically for updates. Continued use of our website after changes constitutes your acceptance of those changes.
- Please read these Terms and Conditions carefully. If you do not agree with them, you should not use this website or place any orders.
- Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Terms and Conditions
Overview
Online Storm Terms
- By agreeing to these Terms and Conditions, you confirm you are at the least the age of 18. If you are under the age of 18 you must not place an order.
- You may not use our products for any illegal, unlawful or unauthorised purposes.
- Breach of these Terms and Conditions may result in immediate termination of services at our sole discretion.
- You are responsible for maintaining the confidentiality of all information related to your account, including but not limited to your password.
General Conditions
- We reserve the right to refuse orders to or from anyone at any time at our discretion insofar as that such discretion is exercised subject to any restrictions of the law.
- You agree to not reproduce, duplicate, sell, or exploit any portion of our Service without express written permission.
Shipping
- All orders are shipped between Monday and Wednesday on days of our convenience unless otherwise agreed in writing. Where the order is accepted and a contract is formed (see below), the cut-off time for orders to be shipped in the following week is receipt by 10:00 PM UK time the prior Sunday.
- For full details on shipping and live arrival guarantee (LAG) please refer to our Shipping Policy.
Livestock
- We provide care information on product pages. It is your responsibility to read and understand it, and any other information you consider relevant, before purchase. While we guarantee live arrival (where the order relates to livestock), we are not responsible for the conditions in which the livestock is housed after delivery or their condition beyond the initial arrival. For more details, please refer to our Shipping Policy regarding LAG.
- Please be aware that individual specimens of a species can vary significantly in size and colour. Therefore, any sizes, colourations, and patterns pictured on product pages are indicative only. Specimens can and may vary from their pictures to the extent.
Orders, Formation of Contract and Other
- Your order constitutes an offer to purchase Goods from us.
- A contract is only formed once we dispatch the Goods and confirm this by sending a confirmatory email to the email address you have provided.
- We reserve the right to cancel or refuse any order prior to dispatch for any matter we consider a valid and legal reason.
- Given the nature of the product (livestock) it may not always be possible to provide replacement product should the product not be alive on receipt or when risk transfers. In such case, you will be provided with either an alternative available product or a full refund of any payment, as your sole and entire remedy insofar as the law allows.
We can end our contract with you and may claim any compensation due to us [(including enforcement costs)] if:
- You don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
- You don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
- You don't, within a reasonable time, either allow us to deliver the product to you. You may not collect the product unless expressly agreed in writing.
Pricing and Availability
- Prices are in GBP and include VAT where applicable. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
- Prices and the availability of products are subject to change without notice.
- We may limit quantities or discontinue products at any time.
- You are responsible for obtaining all licenses, authorisations, and satisfying any other third party requirements relating to the contract.
Product Descriptions and Accuracy
- We take reasonable care to ensure product information is accurate, but we do not guarantee, subject to the requirements of the relevant legislation, that descriptions or other content are error-free or up-to-date.
- If an error is discovered in pricing or product information, we will contact you before contract formation / dispatch.
Payments and Billing
- You agree to provide accurate billing and shipping information.
- We reserve the right to refuse or cancel orders based on discrepancies or our reasonable suspicion of misuse.
Prohibited Uses
You agree not to use our site or services:
- For any unlawful, illegal or otherwise wrongful purpose;
- To breach any laws, regulations, or other relevant requirement of the laws of England and Wales;
- To infringe upon our intellectual property or others';
- To upload or transmit viruses or any malicious code;
- For any purposes directly or indirectly related to any AI (artificial intelligence) purposes;
- To interfere with the website’s functionality or security.
Breach of these prohibited uses will result in immediate termination of access to our services.
Limitation of Liability
- Our website and services are provided "as is".
- We do not guarantee uninterrupted or error-free service.
- We are not liable for any loss or damage that is not foreseeable or not caused by our breach. All claims for loss of profit or indirect or consequential loss are wholly excluded.
- We don't compensate you for all losses caused by us or our products.
We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken reasonable steps, we're not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
Save in respect of any liability which cannot legally be limited and insofar as the law allows, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the order.
Data Protection
- Your personal data is handled in accordance with our Privacy Policy which complies with the UK GDPR and the Data Protection Act 2018.
Governing Law
- These Terms and Conditions and any separate agreements whereby we provide you Goods and / or Services shall be governed by and construed in accordance with the laws of England and Wales.
Other Important Terms Apply to Our Contract
- Nobody else has any rights under this contract. This contract is between you and us unless you told us you were giving a product to someone else (over 18) as a present. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Contact Information
Questions about these Terms and Conditions should be sent to us at info@xoticbugs.com.