Attention!!! Please read these terms carefully before browsing this site. If you do not agree to these terms, do not use this site. Using this site, including filling out various forms, applications, as well as ordering goods/services using this site means that you agree to the terms of this Agreement.

These Terms govern your access to, usage of all content, Product and Services available at https://www.nex-club.com website (the “Service”) operated by NEX CLUB INTERNATIONAL LTD (“us”, “we”, or “our”). Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Administration

Administration – the administration of the website of the NEX CLUB INTERNATIONAL LTD online store.

Administration and owned by NEX CLUB INTERNATIONAL LTD, Legal address:

2nd Floor College House 17 King Edwards Road, Ruislip, London, United Kingdom HA4 7AE

Website – the website of the NEX CLUB online store, including all web pages.

Agreement

Agreement – this User Agreement.

Seller

Seller – a legal entity or an individual entrepreneur who posts information on the Site about the goods/services sold by them. The Seller may be either the Administration or any person who has been authorized by the Website Administration to post information about the goods/services of such person.

The Seller and Supplier of the goods is an NEX CLUB INTERNATIONAL LTD, Legal address: 12nd Floor College House 17 King Edwards Road, Ruislip, London, United Kingdom HA4 7AE

Goods

Goods – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Website.

User

User means a person who browses the information on the Website and/or orders and/or receives the Goods using the Website tools. The Recipient and the Payer are Users.

Order

Order means the User’s request through the Website to the Seller to sell the Goods, as well as a set of Goods ordered by the User.

Means of payment:

The following payment systems are used on the store’s website – Stripe, PayPal, Direct Bank Transfer, Cryptocurrency

Payer

Payer – a person who pays for the Order.

Recipient

Recipient – a person specified by the Payer as a person authorized to receive the Goods under the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.

Offer

Offer – information posted on the Website about a specific Product that can be purchased by the consumer. The Offer includes: information about the product itself, information about its price, payment and delivery methods, as well as other conditions for the purchase of the Product by the consumer. The terms of the Offer are determined by the Seller. The Offer is not an offer, but only information about possible conditions for the purchase of the Goods.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NEX CLUB INTERNATIONAL LTD and its licensors.

Third Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).

If you use any Third Party Services, you understand that:

  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
  • You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

Termination

We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your NEX CLUB INTERNATIONAL LTD account, you may simply discontinue using our Services. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. NEX CLUB INTERNATIONAL LTD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NEX CLUB INTERNATIONAL LTD, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of UK. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in UK.

Changes

NEX CLUB INTERNATIONAL LTD reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms.

1.GENERAL TERMS OF USE OF THE SITE.

1.1 This Agreement is a public offer. By accessing the materials of the Website, the User is deemed to have joined this Agreement.

1.2. The Website Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes shall come into force from the moment the new version of the Agreement is posted on the Site.

1.3. The offer on the Website is not an offer. However, the User, after reviewing the Offer, has the right to make an offer to the Seller (Sellers) by filling out the Order form. Filling out the Order form is considered an offer of the User to the Seller (Sellers) for the purchase of the relevant Goods by the User on the terms specified in the Offer.

1.4. The User understands that his offer may be redirected by the Administration to the Seller selected by the Administration. This provision in no way means that the Administration acts as an agent of the Seller and/or assumes any responsibility for the fulfillment of the Order by the Seller.

1.5. The offer is considered accepted by the Seller if the latter has taken actions that indicate acceptance of the User’s offer, namely: actually shipped the goods, started providing services or performing work in accordance with the conditions provided for by the User’s offer.

1.6. Upon receipt of the User’s offer, the Seller has the right to offer to purchase the Goods on terms other than those provided for in the User’s offer. In this case, such an offer is considered a counter offer and must be accepted by the User. Acceptance of a counteroffer shall be deemed to be the actual receipt by the User (Recipient) of the Goods on the terms stipulated by the counteroffer. The Seller has the right to withdraw such a counteroffer until the goods are delivered to the Buyer.

1.7. Sufficient evidence of acceptance of the offer by the Seller or a counteroffer (i.e., the Parties’ agreement on all essential terms of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

1.8. The Seller’s acceptance of the User’s Offer is not considered acceptance of the Seller’s Offer by the Seller and/or the Administration by means of electronic (SMS, e-mail, telephone, etc.) or other communication of the Seller’s/Administration’s notification of receipt of the User’s Order and/or the terms of its receipt and/or the price of the Goods. This message is exclusively a notification of receipt by the Seller of the User’s offer (but not of its acceptance) and contains a reproduction of the terms of the offer provided by the User.

1.9. The only means of compensation provided to the User in case of non-compliance of the actual terms of sale with the offer is to grant the User (Recipient) the right to refuse to receive and accept the relevant Goods and to demand a refund of the price paid for it, as well as the cost of delivery of the Goods to the point of delivery (if the amount was actually paid by the Payer). The Recipient shall have the right to exercise this right until the documents confirming receipt of the Goods are signed (including the carrier’s documents on the delivery of the shipment with the Goods to the Recipient).

1.10. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which came first) signing by the Recipient of the act of acceptance and transfer of the Goods (or other document of equivalent content confirming the fact of transfer of the Goods to the Recipient);

signing by the Recipient of the carrier’s documents confirming the receipt of the shipment containing the Goods;

the actual receipt of the Goods by the Recipient and the Recipient’s actions indicating acceptance of the Goods (the Recipient received the Goods and left the point of delivery of the Goods, etc.)

1.11. Information about the goods.

1.11.1. Information about the Goods is contained on the Goods themselves, their packaging, in the shipping documents for the Goods. Information about the product can also be provided remotely (by phone, by posting information about the product on the Site). The User confirms his/her consent to receive information about the goods by means of remote communication +447471324942 WhatsApp/Viber/Telegram.

1.11.2. Upon receipt of the Goods, prior to signing the documents confirming receipt of the Goods, the Recipient is obliged to familiarize himself with the information about the Goods contained on the Goods and/or packaging and/or in the shipping documents. If it is necessary to obtain additional information about the Goods, the Recipient shall contact the Seller and receive the necessary information by means of remote communication until the Recipient accepts the Goods.

1.11.3. The price of the Goods specified in the Proposal is indicative. The price of the Goods agreed by the Parties in accordance with clauses 1.4.-1.7. of the Agreement may be changed by the Seller until the Goods are delivered to the Recipient.

1.11.4. In case of change in the price of the Goods compared to the agreed by the Parties in accordance with clauses 1.4.-1.7. of the Agreement, the Recipient has the right to refuse to receive and accept the Goods. In this case, the Recipient (Payer) has the right to demand a refund of the amounts paid for the Goods, as well as the amounts paid for the delivery of the Goods to the Recipient. Any other compensation (including damages, penalties, etc.) shall not be provided by the Seller or the Administration.

1.12. Limitation of liability.

1.12.1. The Administration (except when the Administration is the Seller) shall not bear any responsibility to the Users (Payers, Recipients) for the fulfillment of the Order by the Sellers and related issues, including, but not limited to: for the compliance of the terms of the Offer with the actual terms of sale of the Goods, for the absence of the Goods, for late delivery of the Goods, for the quality of the Goods, for the proper fulfillment of warranty obligations by the Sellers and/or manufacturers.

1.12.2. The conditions specified in the Offer are the preliminary conditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after acceptance of the Order for execution. The specific terms of sale of the Goods by the Sellers may be determined and changed by the Sellers until the transfer of the Goods to the Recipient.

1.12.3. In the event of obsolescence of materials (including the terms of the Offer) on the Site, the Administration does not undertake to update them. The Administration shall under no circumstances be liable for any damages (including, but not limited to, damages from loss of profit, data or business interruption) arising from the use, inability to use or results of the use of this Site.

1.12.4. The Seller’s liability for changes in the terms of purchase of the Goods compared to those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse to purchase the Goods and demand a refund of the funds paid for it (if any).

1.12.5. In any case, the amount of damages (both pecuniary and non-pecuniary) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site (including in connection with the non-fulfillment of the Order or its improper fulfillment, other violations of the User’s rights) in accordance with Art. 22 of the Civil Code of UK is limited to the sum of ten pounds.

1.12.6. The Goods for which the warranty period has been established shall be subject to warranty obligations in accordance with the conditions specified in the warranty card and/or in the manufacturer’s information materials. If, in accordance with the legislation of UK, a warranty period must be established for the Goods, but it is not established by the manufacturer, the warranty period for such Goods shall be deemed to be three days.

1.2. The User is responsible for the accuracy of the data specified in the Order form. If inaccurate (incorrect) indication of the data in the order has led to additional costs of the Seller related to the delivery of the Goods to the wrong address, or the delivery of the Goods that are not proper to the Recipient, all related losses and expenses shall be borne by the User.

2. OBLIGATIONS OF THE PARTIES.

2.1. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Website.

2.2. The User agrees not to take any actions that may be considered as violating UK legislation or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Site and the Site services.

2.3 The use of materials on the Site without the consent of the copyright holders is not allowed. For the legitimate use of the materials of the Site, it is necessary to conclude license agreements (obtaining licenses) from the copyright holders.

2.4. When quoting the materials of the Site, including protected works of authorship, a link to the Site is required.

2.5. The User’s comments and other entries on the Site shall not contradict the requirements of the legislation of UK and generally accepted norms of morality and ethics.

2.6. The User is warned that the Website Administration is not responsible for visiting and using external resources, links to which may be contained on the Website.

2.7. The User accepts the provision that all materials and services of the Website or any part thereof may be accompanied by advertising. The User agrees that the Website Administration shall not bear any responsibility and shall not have any obligations in connection with such advertising.

2.8. The User understands that the Sellers are separate business entities that are not controlled by the Administration. The User realizes that the Administration does not have any authority to influence the fulfillment by the Sellers of their obligations to accept and/or fulfill the Order, as well as obligations arising after the sale of the Goods.

3. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS BY THE RECIPIENT (USER, PAYER).

3.1 In accordance with Art. 9 of the Law of UK “On Protection of Consumer Rights”, the User has the right to exchange the Goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The User has the right to exchange the Goods, subject to the provisions of the law on the grounds and the list of Goods that are not subject to exchange (return).

3.2. Terms of exchange and return of goods (according to Article 9): The goods have not been used and have no traces of operation, the presentation of the goods and its components is preserved, the goods have no mechanical damage, scuffs, scratches, factory seals, protective films on the goods are preserved, the goods are fully complete.

3.3 In case the User (Consumer) sends the goods with a request for a refund or exchange on the basis of the provisions of Art. 8 of the Law of UK “On Protection of Consumer Rights” without documents confirming the presence of a material defect in the goods (in the presence of the original warranty card), it is considered that the User (Consumer) agrees to transfer such goods to the service center to find out if there is a material defect in the goods. If the existence of a significant defect is not confirmed by the authorized service center, the latter will repair the goods (subject to confirmation of the warranty case), and the defective goods shall be returned to the User.

3.4. Before sending the goods to the service center, the Seller draws up an act in which the appearance of the goods is recorded; if it is necessary to clarify problems in the operation of the goods, information about the existing shortage is clarified by telephone with the Consumer. Service period: 14 days from the date of receipt of the goods by the authorized service center and 5 days – the transportation period, unless otherwise agreed in writing with the User (Consumer).

3.5. If the User (Consumer) refuses the Goods of good quality, the Seller shall refund the cost of such Goods, except for the Seller’s expenses for the delivery of the returned Goods.

3.6. The User (Consumer) is obliged to inspect the goods upon receipt of the order (parcel) in the presence of a carrier representative, including upon receipt of the goods returned after warranty service.

4. OTHER TERMS AND CONDITIONS.

4.1 The User has the right to appoint a third party as the Recipient of the purchased Goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary to identify the recipient and deliver the Goods to him. In this case, the relations between the parties are subject to the provisions of Art. 636 of the Civil Code of UK.

4.2 All possible disputes arising from or related to this Agreement shall be resolved in accordance with the current legislation of UK.

4.3. Nothing in the Agreement may be understood as establishing between the User and the Website Administration agency relations, partnership relations, joint venture relations, personal employment relations, or any other relations not expressly provided for in the Agreement.

4.4. Recognition by a court of any provision of the Agreement as invalid or unenforceable shall not invalidate other provisions of the Agreement.

4.5. Inaction on the part of the Website Administration in case of violation of the provisions of the Agreement by any of the Users does not deprive the Website Administration of the right to take appropriate actions later to protect its interests and copyright protection, to the materials of the Website protected in accordance with the law. The User confirms that he/she is familiar with all clauses of this Agreement and unconditionally accepts them.