1. Acceptance of Terms and Conditions and Amendments
2. Our Service
Our website and services provided to you on and through our website on an "as is" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
(a) Provide any content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic, designed to
or does interfere or interrupt this website or any service provided, infected
with a virus or other destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an applicable local, national or
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) Infringe on any copyrights or intellectual property rights;
7. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (The "Sevice") is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participany in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Unathorized access to or alteration of your data transmissions; (IV) Statements of conduct of any third party on the Service, or; (V) Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted by clicking here. The copyright holder must provide us with all of the following information:
(a) A signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(b) Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information to allow us to locate the material.
(c) Contact information for the person giving the notification, such as an address and telephone, and, if available, an email address at which such person may be contacted.
(d) A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that the person providing the notification is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
13. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with provincial laws of Ontario and federal laws of Canada. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of Ontario Canada.
14. Miscellaneous Information
(I) In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact; (II) The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (III) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (IV) We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into the Xen Bath and Beauty Supplies website or using any Xen Bath and Beauty Supplies websites you signal that you accept these Terms and Conditions in full.
16. Content and Materials
Xen Bath and Beauty Supplies may use any forum posts, blog posts or other public postings about our website or products that you make, whether it be on this website or other site, including photos, audio and video. You agree to provide us unlimited license to use this content without any compensation or licensing fees being awarded or due.
Where permissible by law, Xen Bath and Beauty Supplies is the sole arbiter of the meaning and context of these terms and conditions.
18. Usage data
19. Refund Policy
(a) Refunds of subscription payments can be requested for the most recent subscription payment only. Refunds will not be given for any monthly subscription payment prior to the most recent.
(b) Refunds of purchased tangible products shall be provided as governed by our Returns Policy.
20. Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Xen Bath and Beauty Supplies., Copyright ©, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping in this store or placing an order and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
21. Credit Cards
We accept credit cards as a form of payment. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Xen Bath and Beauty Supplies is not responsible for the operation of, or content located on or throughout any such site.
23. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Xen Bath and Beauty Supplies reserves the right at any time after receipt of your order to accept or decline your order for any reason. If payment has be made for the order, the full amount as charged originally to the card will be refunded.
24. Other Conditions
These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether this store signs them or not. Xen Bath and Beauty Supplies reserves the right to make changes to this site and these conditions at any time.
Our store will automatically charge and withhold the applicable sales tax (HST and/or GST) for orders to be delivered to addresses within the province of Ontario where Xen Bath and Beauty Supplies holds a presence. Our store will only charge the required GST or HST for all other provinces. For orders shipped to other areas outside of Canada, or where other applicable taxes apply, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.
Please refer to the Shipping and Returns page for the specific terms and conditions regarding to shipping.
27. Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Xen Bath and Beauty Supplies shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Xen Bath and Beauty Supplies shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Xen Bath and Beauty Supplies will issue a refund to your card in the amount of the incorrect price.
28. Product Usage Liability
You are solely responsible for the use of the products purchased ("The Service" and/or "The Product") from Xen Bath and Beauty Supplies. You understand and agree that your use of this website and any services or products provided is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. You understand and agree that neither us nor any participant in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
Xen Bath and Beauty supplies shall provide clear, concise and correct information about each individual product on the site where possible. Material Safety Data Sheets (MSDS) and Certificate of Analysis (COA) can be made available at your requested which may include pertinent information.
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of; (I) The use and/or misued of the products made available from Xen Bath and Beauty Supplies; (II) The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service; (III) Any other matter relating to the Service or the Products offered. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.