Terms & Conditions
Ilexa Onboard Diagnostics Limited
Terms and conditions of supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products, which includes but is not limited to software, (Products) listed on our website www.ilexa.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept the Terms and Conditions of Supply" on the order form if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
www.ilexa.co.uk is a site operated by Ilexa Onboard Diagnostics Limited (We). We are registered in England and Wales under company number 07267649and our registered office is at Lowin House, Tregolls Road, Truro,Cornwall TR1 2NA. Our main trading address is PO Box 111, Truro,Cornwall TR2 4YF. Our VAT number is GB990847079.
2.1 Our site is only intended for use by people resident in the European Union and the Channel Islands. With the exception of downloadable products, we do not accept orders from individuals or businesses outside those countries.
2.2 We deliver Products to the United Kingdom, Channel Islands and the Republic of Ireland. We do not supply or deliver products to any other country. We only allow software to be downloaded by individuals resident in the European Union (which includes the United Kingdom and Republic of Ireland) and the Channel Islands.
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
4.1 After placing an order on our site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is in stock (the Acknowledgement Email). The contract between us (Contract) will only be formed when we send you the Acknowledgement Email.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Acknowledgement Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Acknowledgement Email.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers, or from other companies will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
6.1 Subject to clause 6.3, if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, at your own cost using a tracked delivery method such as Royal Mail Special Delivery or similar with a recognised courier in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Downloading any software from our site is a service offered by us. If you are contracting as a consumer, you agree that this service can start (i.e. that the software has been downloaded) before the end of the usual seven working day cancellation period and this means that your cancellation rights will end when the performance of the service starts.
7.1 Subject to clause 6.3, if you cancel the Contract within the seven-day cooling-off period set out at clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have notified us. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us. We will usually refund the money received from you using the same method originally used by you to pay for your purchase.
(a) notify you that the Product is defective and that you are entitled to a refund. We will notify you by email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we send you and e-mail confirming that you are entitled to a refund for a defective Product; or
(b) notify you that the Product is not defective but we are willing to credit the value of the Products to you. We will notify you by email within a reasonable period of time. We will refund the value of the product to the card used to pay for your order.
8.1 We will set out the delivery date or delivery dates on which we expect the Product to be delivered to you in the delivery information page here
8.2 We will use reasonable endeavours to ensure that the Products are delivered to you in accordance with the Delivery Date.
8.3 The Products will be delivered to the delivery address you provide to us on the order form, unless otherwise agreed.
8.5 If you fail to take delivery of the Products on the Delivery Date, Royal Mail will hold your parcel at the local sorting depot. They will leave you a card explaining where it is and how to collect it, or to arrange redelivery.
Please note that we may sell software on behalf of third parties (who are the owners of the intellectual property rights in the software). If this is the case, your use of the software will be governed by the third party’s software licence (which will be provided to you on delivery, installation or prior to downloading) and you agree to comply with the terms of such software licence. You should carefully review the terms of the software licence before to using the software.
10. Price and payment
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT, but may not include delivery if outside the UK. This will be added to the total amount due in the shopping cart when you insert a delivery address.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acknowledgement Email.
10.4 Payment for all Products may be made either by major credit cards or debit cards. and will be processed through HSBC and their card transaction service Global Iris
11.1 We warrant that any Product purchased from us shall on delivery, and for a period of 12 months from the Delivery Date (warranty period) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for all the purposes for which products of the kind are commonly supplied.
(a) you give notice in writing to us during the warranty period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in clause 11.1; and
we shall, at our own option, repair or replace the defective Products, or refund the price of the defective Products in full.
(b) the defect arises because you failed to follow the manufacturers instructions in relation to the Products or (if there are none) good trade practice; or
provided in this clause 11, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in clause11.1.
Manufacturers of Products displayed on our site may offer support services. If you request support services from those manufacturers, the resulting legal contract is between you and the manufacturer and is subject to their support terms and conditions. We are not responsible or liable for any support services provided by manufacturers.
13. Our liability
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product as set out in the Acknowledgement Email.
13.3 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible or indirect losses which happen as a side effect of the main loss or damage.
If you order Products from our site for delivery outside the United Kingdom, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Ilexa Onboard Diagnostics Limited (Contact us). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
19.2 Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of the Contract, other than as expressly set out in these terms and conditions.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acknowledgement Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
This Contract, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts.
Acceptable use policy
Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website at www.ilexa.co.uk (oursite). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use (See above)
www.ilexa.co.uk is a site operated by Ilexa Onboard Diagnostics Limited (We). We are registered in England and Wales under company number 07267649 and have our registered office at Lowin House, Tregolls Road, Truro,Cornwall TR1 2NA. Our main trading address is PO Box 111, Truro,Cornwall TR2 4YF. Our VAT number is GB990847079.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use; and
Not to access without authority, interfere with, damage or disrupt;
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation to blogs and forums (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety on-line, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts);
Be genuinely held (where they state opinions); and
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is obscene, offensive, hateful or inflammatory;