Terms & Conditions
Welcome to Fixexotic.com.
This Website is owned and operated by Creativembrace Ltd, trading as Fixexotic.
Fixexotic provides access to the Website and we sell our products to you subject to the conditions set out on this page. For the purposes of these terms "products" shall mean any products agreed to be supplied by us to you in accordance with the terms and conditions set out on this Website.
Please read these conditions carefully before using the Fixexotic.com website. By accessing and using this Website you signify your agreement to be bound by these conditions and any other terms or notices set out on this Website. You should print a copy of these terms for future reference. We amend these terms from time to time as set out in clause 19. Every time you wish to order products from our site, please check these terms to ensure you understand the terms that will apply at that time. Your use of this website is subject to our conditions of use and any purchase of products from our website shall be governed by our conditions of sale.
Conditions Relating to Your Use of Fixexotic.com
1. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account, password and any other user identification, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us with in the My Profile area of the website.
Fixexotic reserves the right to refuse access to the Website, terminate accounts, disable any user identification code or password, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
You may not sign up for more than one account with Fixexotic per person. For this purpose we reserve the right to cross reference the names and addresses of new members with our existing customer database.
We reserve the right to close your account or the account of your referee or to cancel any order where we suspect at our sole discretion that you have opened multiple accounts to assist prescription fraud, to take advantage of the referral program or of discount codes limited to one use per person.
2. Privacy and Security
3. Access to Fixexotic.com
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Restriction on Use
Fixexotic grants you access to this Website for your personal use but you are not authorised to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Fixexotic. You may not resale or make any commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Fixexotic.com without our express written consent.
You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this Website without Fixexotic express written consent.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
5. Your conduct
You may only purchase products from our Website if you are at least 18 years old.
You must not use the Website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, in Portugal or any other country in the world;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
• for any purpose which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious or harmful data);
• for any purpose for which you have not obtained all necessary licences and/or approvals; or
• to cause annoyance, inconvenience or needless anxiety.
6. Reviews, comments, communications and other content
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Fixexotic reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant Fixexotic the non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) grant Fixexotic and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Fixexotic, including the execution of deeds and documents, at the request of Fixexotic. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Fixexotic: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Fixexotic policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Fixexotic for all claims brought by a third party against Fixexotic arising out of or in connection with a breach of any of these warranties. You recognise that the views expressed by other users on our site do not represent our views or value.
7. Copyright, Trademarks and Other Proprietary Rights
All the content of this Website, including but not limited to the text, graphics, logos, button icons, images, and software, is protected by copyright, trademarks and/or other intellectual property or proprietary rights owned by or licensed to Fixexotic. Except as expressly provided herein, nothing in this Website should be considered as granting any license or right under any copyright, trademark or other intellectual property rights of Fixexotic or any third party. You may not use any Fixexotic logo or other proprietary graphic or trademark without our express written consent.
Further, you may not systematically extract and/or re-utilise parts of the contents of the Website without Fixexotic express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without Fixexotic express written consent.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Fixexotic to you.
8. Our contract
Our contract will be on these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation email, specification or other document or transmission).
Fixexotic will endeavour to ensure that the supply of products through our Website complies with the relevant laws on veterinary medicines, as amended from time to time.
When you place an order to purchase a product from Fixexotic, we will send you an e-mail acknowledging your order and containing the details of your order. However, please note this does not mean that your order has been accepted.
Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the “Order has been shipped” Confirmation E-mail). That acceptance will be complete and the contract between us will only be formed at the time we send the “Order has been shipped” Confirmation E-mail to you. Any products on the same order which we have not confirmed in a “Order has been shipped” Confirmation E-mail to have been dispatched do not form part of that contract.
If we are unable to supply you with a product, for example because that product is no longer in stock or no longer available because of an error on our site (including without limitation an error regarding the price or the nature of the product you ordered) we will inform you by email and will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.
We reserve the right to cancel orders at any time where we reasonably suspect that you have not acted wholly in accordance with these terms and conditions.
9. Your Responsibilities
Any false or inaccurate information you supply to us could result in certain products being prescribed to your animal that are unsuitable or inappropriate for the intended use you have specified to us. Therefore, you hereby undertake at all times to provide true, complete and accurate information to us when ordering any products from us. You hereby acknowledge that we shall have no liability or responsibility for any direct or indirect loss or damage that may result to you, your animal or a third party incurred as a result of our reliance on false or inaccurate information supplied by you or on your behalf.
Prior to the purchase of products, it is important that you are satisfied regarding the following matters: the appropriateness of particular products, correct use, storage, handling, waste disposal and correct administration of products.
If you wish to obtain advice or have any queries regarding any of the products supplied by us on this Website prior to the purchase of those products ask questions by using the contact details set out in the Contact Us section of the Website.
Resale of any products purchased on our Website is strictly prohibited.
We understand that on occasion you want to return an item you purchased from us. We are striving to make this process quick and convenient for you.
For more information on returns or to request a return / refund, call us on 00351 962371544 or email firstname.lastname@example.org.
If for any reason you are not satisfied with any product you purchased from us, you can return by notifying us within 10 calendar days of receipt. The product must be returned within 10 calendar days of your notification to us in its original packaging, unopened and in condition for resale.
You can use the model instructions for cancellation found in our site
We only accept returns of products that have been purchased through our site.
If the product arrives in bad condition, or if for some reason the return is the result of an error on our part, we will resend or refund the product (in our sole discretion) within 60 days of the order date.
Any return that does not meet the above conditions may not be refunded or replaced.
Unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us. If we have agreed to collect the products from you, we will charge you the cost to us of collection.
If you cancel your contract we will:
(a) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery at one cost but you chose to have premium delivery at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
a. if you have received the product and we have not offered to collect it from you: 10 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; or
b. if you have not received the product or have received it and we have offered to collect it from you: 10 days after you inform us of your decision to cancel the contract.
Where Fixexotic is unable to deliver your products within 30 days from the day of receipt of your order, Fixexotic will advise you by email of the reason for the delay and provide a revised date for the delivery.
If for any reason you do not accept delivery of any of the products or Fixexotic is unable to deliver the products on time because you have not provided the appropriate instructions, Fixexotic may attempt to deliver the product again in which case you will be liable for all reasonable related costs and expenses.
If you do not accept delivery of any of the products because you have cancelled the contract pursuant to Clause 10 above you will receive a refund or credit for any sum that has been paid by you for the products within 30 days of cancellation less any premium delivery costs, less any cost Fixexotic incurs for collection of the product.
The products will be under your risk and responsibility from completion of delivery.
However, you will only own the products once we have received payment in full, including all applicable delivery charges.
12. Price and Payment
Price shown will be inclusive of VAT but exclusive of delivery costs.
The prices of the products will be as quoted from time to time on our website, subject to clause 13 below. Payment for the products is due immediately upon the placing of your order. To place an order, you will be directed to the checkout page. Should you wish to place an order online, you will be required to complete an order form and pay by PayPal or Bank TRansfer. Alternatively, you can order products by contacting Fixexotic by telephone. By placing an order by telephone you are agreeing to be bound by these terms.
No payment shall be deemed to have been received and no delivery will take place until Fixexotic receives cleared funds.
13. Pricing and availability
If an item is not available at the time of ordering, this will be mentioned as “out of stock” on the product information page. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
14. Product quality
We are under a legal duty to supply goods to you that are in conformity with the contract between us.
The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
Fixexotic will endeavour to deliver products that are not due to expire within a reasonable period of time of the date of delivery.
It is your responsibility to store, use and maintain the products as outlined in the manufacturer datasheet/written instructions.
If you discover a defect in the product as a result of damage in transit, you are obliged to give us written notice of the defect within two business days of the time you discovered or ought to have discovered the defect. In such a case, Fixexotic will request the product to be returned for examination. If the product is deemed defective as a result of transit, Fixexotic will provide you with the same product or a refund.
Fixexotic will not incur any responsibility if you fail to store the products appropriately, use them after their expiry date or use a product damaged in transit without having informed Fixexotic.
15. Links to Other Websites
Fixexotic has provided links on this Website to other sites for information purposes only and such links do not constitute an endorsement by Fixexotic of the content, materials and/or any offer or offerings placed or referred to on such other websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature. Fixexotic has no control whatsoever as regards the content of such websites and does therefore not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use. If you decide to access any third party websites linked to this Website and rely on any information collected in such websites, you do so entirely at your own risk.
16. Electronic communications
When you visit Fixexotic or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Our Liability
Although Fixexotic endeavours to ensure the accuracy of the content placed on this Website, Fixexotic does not warrant or guarantee its accuracy or correctness or that of any other content or materials referred to in or made available by means of this Website. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind.
In addition, Fixexotic does not warrant or guarantee that the Website and its operation, its content or the services that make it available are virus free or free of other harmful components, or that your use of this Website and its content will be uninterrupted.
In no event shall Fixexotic be liable for any damages (including loss of profits, income or revenue, contracts, anticipated savings, data, business, goodwill or wasted expenditure), including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website, any of its content, any web browser or the use thereof or inability or use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Fixexotic or its representatives are advised of the possibility of such damages, losses or expenses, whether caused by negligence or otherwise.
Fixexotic liability in contract shall only cover losses that are a reasonably foreseeable and direct consequence of the breach of contract. Fixexotic total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the contract shall not exceed three times the amount paid for the products under the relevant contract. Fixexotic shall not be liable for any indirect, special, incidental or consequential damages, losses or expenses arising out of or in connection with the contract.
To the extent permitted by applicable law, Fixexotic expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law or equity.
Nothing in these conditions affects in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence, wilful misconduct or fraudulent misrepresentation.
You hereby agree to indemnify and hold us fully indemnified as well as indemnify all companies within our group for any losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by us or companies within our group as a consequence of your breach or non-observance of these conditions or the contract, your improper use of this Website or in relation to any claim which may be brought against us or any company within our group by a third party in relation to your use of the Website.
19. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms & Conditions at any time by updating the relevant posting on our website. You will be subject to the policies and Terms & Conditions in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any of these terms and conditions is deemed to be invalid, void or unenforceable for any reason, that condition shall be deemed severable and the remaining terms and conditions shall not be affected by such invalidity or unenforceability and shall remain in full force and effect.
If you have any queries, comments or complaints with respect to the contract, the Website or any products, please contact us immediately by e-mail at email@example.com or phone at 00351 962371544. You can also write to us at the following address:
Rua Eduardo de Noronha 10