These terms and conditions of use (the “Terms and Conditions”), are intended to set forth the basic terms and conditions between you and REXCOOL SPORTS TRADING or its affiliated companies (“REXCOOL”, “we”, “us” or “our”). The website “rexcoolsports.com” is wholly owned by REXCOOL SPORTS TRADING. All the operations and services available in this website are fully managed and operated by REXCOOL SPORTS TRADING. All the contents residing in this website, such as text, graphics, logos and images are the properties of REXCOOL SPORTS TRADING and/or its respective owner.
You agree that the Company may make agreements with you by electronic means and that such agreements are legal, authentic and valid for the purposes of the law.
DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We are not liable for any damages, harm or injury that relates to, arises out of, or results from the use of, or access to, or the inability to use, any of the material on this website. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this website or with respect to any content contained on this website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any content rests with you.
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.
The Company does not represent or guarantee that the website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto.
ONLINE PURCHASE DISCLAIMERS
By making an offer to purchase merchandise, you expressly authorize REXCOOL or any third party vendors utilized by REXCOOL in connection with the processing of on-line payments to perform credit checks and verify the information provided. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the card to use it. All credit card and their holders are subject to validation checks and authorization by the card issuer. If the issuer of the credit card refuses to authorize payment, REXCOOL will not be liable for any delay or non-delivery of the products. Furthermore, you agree that REXCOOL or any third party vendors utilized by REXCOOL in connection with the processing of on-line payments may use any information provided by you in order to conduct appropriate anti fraud checks. Any information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
RISK AND TITLE
Providing full payment of all sums due in respect of the products, including delivery charges have been made for the products purchased, the products will be at your risk from the time of delivery of the products to you; regardless of whether you actually physically take delivery of the products or not.
MODIFICATIONS TO WEBSITE
We reserve the right to withdraw any products from this website at any time and/or to remove or edit any materials or content on this website at any time, without reference to any party. We will not be liable to you or any other third party by reason of our withdrawing any product from this website or our removing or editing any materials or content on this website. We may also terminate, change, suspend or discontinue any aspect of the website including but not limited to, hours of availability of the website, and we will not be liable to you or to any third party for doing so.
EVENTS OUTSIDE OUR CONTROL
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”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: –
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government;
- Any shipping, postal or other relevant transport strike, failure or accidents;
- Interruption of production or operation, difficulties in obtaining raw materials, labour, fuel parts or machinery;
- Power failure or breakdown in machinery.
Our performance or obligations under any agreement are 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.
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