Terms of Service
WEBSHOP TERMS AND CONDITIONS OF USE AND SERVICE
Welcome to the webshop (“the Shop”) of TEXO AB (“TEXO”, “we”, “us”).
BY ACCESSING THE SHOP AND/OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR SERVICE AND YOU AGREE TO THE FOLLOWING TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE NOTICE THAT YOU ARE NOT ALLOWED TO USE THE SHOP.
These Terms and conditions of use and service (“the Terms”, “the Terms of Service”) apply to all users of the Shop, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Our store is hosted on Monitor a Monitor ERP AB platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
The Privacy Policy and Cookie Policy are integrated parts of these Terms of Service.
Purchases; Online store terms; Other Terms and Conditions
Additional terms and conditions in the form of Orgalime2012 (excluding para 6-9, 14-19, 21 and 37) and Incoterms2020, apply to all purchases and deliveries of goods or services made or ordered via the Shop. Further terms and conditions may also apply to specific portions or features of the Shop, including contests, promotions or other similar features. All of which the aforesaid additional and further terms and conditions are hereby made a part of these Terms of Service by this reference.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Shop or for any service offered on or through the Shop, the latter terms shall control with respect to your use of that portion of the Shop or the specific service.
TEXO’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Shop should be construed to alter such agreements.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Shop through which the service is provided, without express written permission by us.
Products or Services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, corporation, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Shop is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
TEXO may make changes to any products or services offered on the Shop, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Shop with respect to products and services may be out of date, and TEXO makes no commitment to update the materials on the Shop with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Shop may require you to open an account (including setting up an TEXO-ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify TEXO immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by TEXO or any other user of or visitor to the Shop due to someone else using your TEXO-ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s TEXO-ID, password or account at any time without the express permission and consent of the holder of that TEXO-ID, password or account. TEXO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per coperation or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Privacy
TEXO’s Privacy Policy for customers applies to use of this Shop, and its terms are made a part of these Terms of Use by this reference. To view TEXO’s Privacy Policy for customers, Click Here. Additionally, by using the Shop, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Shop may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimers
The Shop and the content therein are provided as a convenience to you. The content of the Shop is provided on an “as is” and “as available” basis. TEXO does not warrant that the Shop will be uninterrupted or error-free. TEXO reserves the right to revise the Shop or withdraw access to it at any time.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances will TEXO be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by TEXO to enforce any right or provision of these Terms will not prevent TEXO from enforcing such right or provision in the future.
TEXO may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SHOP. TEXO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SHOP, EVEN IF TEXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF TEXO WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless TEXO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and conditions of use and service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Restricted Use and Copyrights
The copyright © to the Shop and the content (including but not limited to all photographs, audio and video clips, picture images, graphics, links, webshop architecture, format, layout and data structures, and all other items contained on the Shop) belongs to, or is used with permission by, TEXO. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of TEXO is prohibited and may violate copyright, trademark, privacy laws and other applicable statutes, except in accordance with the following terms. TEXO consents to you browsing the Shop on your computer and printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by TEXO. This limited consent shall automatically terminate upon your breach of any of these Terms of Service.
Individual documents on the Shop may be subject to additional terms indicated in those documents.
The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.
Trademarks
All names, logos and trademarks (“Trademarks”) are the property of TEXO, its affiliates, related companies or its licensors or business partners. The Trademarks may be used only in accordance with the use permitted according to these Terms of Service or with the prior written permission from TEXO. Nothing shown on this webshop should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this webshop without the written permission of TEXO or the third party owner. The use of any TEXO™ logo or mark, whether registered or unregistered, as a hyperlink to this Shop is strictly prohibited unless consented to in writing by TEXO.
Your use of the Shop
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Shop or any ccontent thereof, or in any way reproduce or circumvent the navigational structure or presentation of the Shop or any content thereof, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Shop. TEXO reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Shop, or any other systems or networks connected to the Shop or to any TEXO server, or to any of the services offered on or through the Shop, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Shop or any network connected to the Shop, nor breach the security or authentication measures on the Shop or any network connected to the Shop. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Shop, or any other customer of TEXO, including any TEXO account not owned by you, to its source, or exploit the Shop or any service or information made available or offered by or through the Shop, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Shop.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Shop or TEXO systems or networks, or any systems or networks connected to the Shop or to TEXO.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Shop or any transaction being conducted on the Shop, or with any other person’s use of the Shop.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TEXO on or through the Shop or any service offered on or through the Shop. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Shop or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TEXO or others.
Submissions
Any material, information or other communications you transmit or post to the Shop will be considered non-confidential, non-exclusive, royalty-free, irrevocable, fully sub-licensable and non-proprietary (“Communications”). TEXO will have no obligations concerning the Communication. TEXO will be free to disclose, copy, distribute, incorporate and/or otherwise use the Communications, together with all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes.
Links
For your easy accessibility TEXO may include links to sites on the Internet that are owned or operated by third parties. By linking to such third-party site, you shall review and agree to that site’s rules of use before using such site. You also agree that TEXO has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-TEXO site does not imply that TEXO endorses the site or the products or services referenced in such third-party site.
Modification of Terms
TEXO may revise these terms at any time by updating this Legal Notice. TEXO reserves in its sole discretion, the right to discontinue the Shop’s availability at any time without notice. If any term, condition, or provision of these Legal Notices is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
The Shop and these Terms of Service are governed by and subject to the laws of Sweden without regard to its conflict of laws principles.
Contact Information
If you have questions or comments about the Services or these Terms, please contact TEXO at
spareparts@texo.se; or by mail at: TEXO AB, Box 602, 343 24 ÄLMHULT, Sweden.
Last updated May 19, 2021.