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General

Agreement

LAXN is a trading name of KMHL Limted.

These conditions govern all contracts of the sale of goods and services between KMHL Limited (hereinafter referred to as LAXN and any Customer (hereinafter referred to as ‘the Customer’) of the goods and/or services. These terms can only be varied with the written consent of LAXN. These terms supersede any other terms.

Contract

We will indicate acceptance of your order, and hence a contract between us, when an order is confirmed via the website or we send you an invoice if an order is not placed through the eCommerce store. Ownership of the products (both legal and equitable) remains with LAXN until payment by a customer is made in full.

The company shall not be under any liability of any kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the reasonable control of the company or of the companies suppliers or due to labour disputes. This includes any delays in delivery due to customs clearance or natural events that cause delays in the shipping all of which are out of control of LAXN. All contracts between LAXN and the Customers shall be governed by the laws of England and any disputes arising there from shall be the subject to the jurisdiction of the English courts.

Prices

All prices are estimates until the time at which an invoice is issued. Discounts may be display although LAXN reserves the right to remove discounts at any stage.

Payment

LAXN needs payment in full with an order prior to production commencing.

The price of the products on purchased through this eCommerce store includes VAT.

In the case of an obvious pricing error, LAXN has the right to alter the price and is under no legal obligation to provide the product to you at the incorrect price, even after the Contract between us has been formed. This is if the pricing error we have is obvious and unmistakeable and could have reasonably been acknowledge and recognised by you as an error.

Credit

Credit will not be extended to the Customer.

Production

Absolute consistency of sizes (which are approximate “to fit” sizes), materials, proportions, colours and shades are not guaranteed by LAXN and are given as guidance only.

Decoration positioning may vary between pairs of flip flops or sliders, even for the same size and style and they can vary by as much as 5mm. On those occasions where repeat orders find that the colour is slightly different to the previous order, LAXN cannot be held responsible for those changes.

LAXN reserves the right to alter or amend specifications without prior notice.

LAXN reserves the right to supply a product of similar specification in the case where a specific product ordered by the customer is not available.

Use

LAXN will not be held responsible from injuries or damages caused by wearers or Customers whilst wearing the flip flops/sliders unless the flip flops/sliders are faulty. A faulty pair must be returned to LAXN for inspection. Faults do not include damage to, tears, rips or holes in the soles or straps or rubbing off of any artwork printed caused by wearing or owning the flip flops/sliders. Furthermore faults do not include the strap dislodging from the sole due to the wearers use.

Wear and Tear

Inks used during the printing process will inevitably fade over time. The speed at which they fade will be dependent on many factors including wearing, temperature, number of washes, frequency of use, exposure to sunlight, whether walking on sand which can get trapped between the sole and the wearers foot increasing the abrasion etc. Therefore LAXN cannot be held responsible for fading ink colour/s or ink rubbing off during use.

Colour Reproduction

The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation between the on screen and actual product colours. Every reasonable care has been taken to ensure that the descriptions are accurate. However, specifications may change. Where possible, we pantone match our colours although because of the characteristics of different materials, colours will not be identical to the pantone and variation between different materials is expected. Colours are created based on the pantone formulas (proportionate mixtures of core colours), not the Pantone colour swatches. The only way to get the exact colour that you want is for us to produce a sample first for you to sign off. Depending on the printing technique used, there may be colour variations between materials and inks. Digital prints use several colours to replicate desired print colours and are limited by the CMYK colour gamut of the printer. The specific printer used may vary and LAXN are not responsible for variations in colours due to printing technique or the variation relative to the material colours. Other printing uses colours mixed which are, as closely as reasonably possible, mixed to match pantone colours; again variation between material and inks colours is expected. Furthermore, where colours are printed on varying material colours, the material colour may impact the appearance of the colour of the ink printed. Again, every reasonable care is taken to minimise this and LAXN is not responsible for variation. Once again, a sample is the only way to truly ensure you are happy with the colours.

Visual Mockup

All elements of visual mockups of customers designs and all logos, photography, graphics, software and video clips are protected by UK copyright laws. You are entitled to view the mockups and to print copies for the sole purpose of placing an order with LAXN. However, any copying or re distributing the visual mockups to 3rd parties without written permission from LAXN is strictly prohibited and will be deemed an infringement of copyright.

Visual mockups do not represent the final product and colours may vary.

Specification

Sizes, measurements and descriptions of goods are for guidance only and LAXN cannot guarantee absolute consistency of size, material, proportion, colour or shade.

Liability

You will indemnify us from and against all costs, claims, liabilities and damages which we may suffer or incur as a result of you using, reproducing or exploiting any industrial or intellectual material or property rights without the consent of the proprietor.

To the fullest extent permitted by law we will not be liable to you or any third party for any:

loss of business, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and/or loss of data; and/or

any other loss or damage which does not result directly from the actions of LAXN, its sub-contractors or agents;

and which arises out of or is related to your purchase of goods from LAXN.

In any event our liability to you in connection with any order will not exceed the total price charged for the goods purchased. These Purchase Terms and Conditions do not affect your statutory rights as a consumer or otherwise.

Delivery further details:

Whilst LAXN will endeavour and do our utmost to deliver orders to our timeframe, our timeframe is only a target and could be extended or reduced even after an order has passed the approval stage. The delivery target for orders is not a guarantee and not a contractual agreement.

All orders will require a signature confirming delivery. By choosing to purchase from LAXN, you agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that our products have been received by you. If for any reason the delivery is attempted and fails you are still liable for full payment and any additional redelivery costs.

Delivery is deemed to take place when the goods are delivered to your nominated delivery address, whereupon the risk of loss, breakage and damage passes to you. Ownership of the goods does not pass to you until payment is received in full by LAXN.

For goods shipped from the UK for domestic shipping, some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order. Customers awaiting deliveries to Northern Ireland may need to wait an extra day to receive their order. If you have any queries regarding your delivery please email us.

All deliveries are based on delivery to mainland countries and delivery to islands or remote areas may take longer and incur additional charges. We will do our best to advise when this might happen.

The delivery address is the delivery address provided at the time the order was placed. Changes to delivery addresses may be possible after the order is place however this can not be at the cost of LAXN and written request must be made. Orders may be sent out before changed address is provided in which case if it is possible to change the delivery address during transit then the additional costs maybe be required.

When goods are sent direct to locations outside the UK, the responsibility for clearing the goods through customs lies with you. We will do our utmost to ensure all information is provided, however, we cannot be held responsible for customs clearance process in individual countries. We will, where possible, provide all help and advise that we can. Furthermore the address and contact name you provide for the goods should be someone that is capable of importing goods into the country and who may have to provide information to the courier/customs office for the clearance process to be completed and possibly pay any import fees. Occasionally customs inspections take place and this can delay the shipment. Again this is out of our control and LAXN do not take responsibility for this.

All shortages, damages or non-delivery of goods must be notified to us within three working days. Claims for shortages or non-delivery must be supported by the carrier’s consignment or proof of delivery note on which the goods have been signed for as unchecked, short or damaged as appropriate. By arrangement all deliveries should be carefully checked to ensure that the correct number of packages, boxes or cartons being signed for has been delivered, as no responsibility can be accepted afterwards for non short delivery if there is a discrepancy. All deliveries should also be signed for as unchecked, damaged or both, if apply, unless the contents of all packages, boxes or cartons delivered are checked in front of the carriers delivery person, when any shortages or damages or both should be noted on the consignment/proof of delivery note and signed for as such. No claims for shortages or damages will be entertained unless goods are checked at the time of delivery in the presence of the courier’s employee. While every effort will be made to despatch goods on time, no responsibility will be accepted for late or non-delivery or for any consequential loss whatsoever. Goods despatched to any third party at the purchaser’s request are entirely at the purchaser’s risk and it is the purchaser’s responsibility to ensure that goods are correct in every respect before any processing of the goods commences.

Competitions

By entering a competition entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the website, or communicated to entrants in any other way (“competition information”). Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.

LAXN may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions.

Competition Entry

The competition is open to all residents of the United Kingdom, i.e. England, Northern Ireland, Scotland, and Wales. For the avoidance of doubt, Jersey, Guernsey, and the Isle of Man are not part of the United Kingdom for these purposes. LAXN may ask competition winners for proof of UK residency and if a competition winner is unable to prove their residency to LAXN’s satisfaction (i.e. prove that they are physically present in the UK for 183 days or more in the previous or current UK tax year), LAXN reserves the right to select an alternative winner. There is no minimum age limit unless specified otherwise in the competition information. However, entrants under the age of 18 must insert contact details of a parent or guardian when entering.

Where an entrant requires the details of his/her parent/guardian to be entered onto the entry forms, LAXN may ask for proof of age and in all competitions evidence to verify the identity of that entrant at any time, and may use any channels and methods available to carry out checks of any details provided. Entrants may only enter the competition in their own name.

The opening and closing dates and times for entries are as indicated in the competition information. Any entries received before the opening and after the closing of the competition will be invalid and will not be entered into the competition.

By entering the competition entrants warrant that all information submitted by them is true, current, and complete. Entrants also warrant that they are the copyright owners of any copyright works submitted, e.g. photographs and drawings, and LAXN’s use of such works (which you will permit) will not infringe the rights of any third party.

Any limit on the number of entries a person or household may make will be clearly stated in the competition information. Entries received that exceed this limit will be invalid and will not be entered into the competition. Where no limit is specified the limit will default to one entry per person or household.

Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information. Where entrants pay an entry fee, they must have the permission of the bill payer before entering; otherwise the entry will be invalid.

(a) Web entry

Where specified in the competition information as an available method of entry to the competition, web entrants are required to follow the instructions on the website as indicated in the competition information. Entrants will receive a message confirming entry to the competition. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other details. In the event that entrants are required to pay to enter online, entrants will need to use the relevant payment service indicated in the competition information, and may need to open an account and register to pay for online entry to the competition. Online entry costs will be as indicated in the competition information. Entrants must read and accept the terms and conditions relating to the online entry pay service before proceeding with such a web entry.

(b) Email entry

Where specified as an available method of entry to the competition, e-mail entrants may enter the competition by sending an e-mail with the information indicated in the competition information and at the email address indicated. There is no charge for email entries. Entrants may receive a message confirming their entry to the competition.

(c) Mobile Internet entry

Where available, entrants may enter the competition by Mobile Internet. Eligible entrants are required to click on the link to the competition on the relevant Mobile Internet webpage and follow instructions to provide the required information to enter the competition. Entries without all the required information will be invalid. Entrants will be charged £[1.50] for entering a competition via Mobile Internet together with any applicable network charges. Some mobile network operators will include the £1.50 charge on the entrant’s telephone bill; others will send a Text Acknowledgement which will result in the entrant being charged £1.50. Mobile network operators may also charge their customers for using the Mobile Internet/browsing tools. Entrants should contact their network operator for more details as these charges may vary depending on the entrant’s mobile network operator and tariff.

(d) Entry via Social Network Sites

Where specified as an available method of entry to the competition, Social Network Site entrants may enter the competition by responding with the information indicated in the competition details by posting their answer within their comment. There is no charge for such entries.

Neither LAXN nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by LAXN or any third party), virus, bugs, or other causes outside its control.

Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries or, in the case of postal entries, more than one entry submitted under the same postage stamp) will not be accepted. No more than one prize per person per competition will be awarded.

Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by LAXN will be void.

In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of the entry or any answers given by entrants (if applicable), or the operation of any part of the competition (in the case of postal entries, a postal strike for example), network or phone system, the decision of LAXN shall be final and no correspondence will be entered into.

LAXN will not be liable to reimburse expenses incurred in making an entry in any competition. Where LAXN decides in its sole discretion that an entrant is eligible for a refund, eligibility for refunds will be notified to relevant entrants. LAXN reserves the right to refuse to refund any messages where it suspects dishonest or fraudulent conduct on the sender’s part or where the entrant has not complied with the rules of the competition.

Prizes

The prize is as specified in the competition information.

Where the winner is required to speak for the purposes of a film or video production they must appear to be able to communicate clearly and appropriately for the production in question. LAXN reserves the right to select an alternative winner in the event that these requirements are not met.

The process for determining the winner of the prize is as indicated in the competition information. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will take place within 7 days of the date on which the competition closes.

Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer. Any competition requiring a subjective assessment in the selection of winning entries will be judged by LAXN or as indicated in the competition information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition’s promoters and intermediaries.

Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s).

LAXN will attempt to notify the winner within 21 days after the closing date, or as otherwise indicated in the competition information, and where time is of the essence for such a period as LAXN shall in its absolute discretion deem reasonable. He/she will be contacted via social media or email address provided when entering the competition. The winner will have a specified fixed time period in which to claim his or her prize. If LAXN is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and LAXN reserves the right to select an alternative winner in accordance with these terms and conditions and the competition information.

LAXN may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms or an entrant’s breach of these terms, LAXN’s website terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges or entry requirements.

Any entrant who enters or attempts to enter the Competition in a manner, which in LAXN’s determination is contrary to these terms and conditions or by its nature is unfair to other entrants may be removed from the Competition at LAXN’s sole discretion.

LAXN reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of LAXN that could corrupt or affect the administration, security, impartiality, or normal course of the Competition.

LAXN reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.

LAXN shall try to deliver the prize to the winner within 28 days from the date of the draw, unless otherwise specified to the winner. Delivery restrictions may apply. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, LAXN reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.

In relation to all competitions, the first name and surname of the winner may be published by LAXN and entrants grant to LAXN a non-exclusive licence to use and publish their entry in any media for the purpose of announcing the winner.

Please see other pages for details on returns, delivery, ordering, privacy etc.

If you have any questions/comments, please email us at contact@laxn.co.uk

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