| Cheshire Repair Centre Terms and Conditions of Service1. This website www.cheshirerepaircentre.co.uk is owned and operated byCRC (2018) Limited, 109 Brook Street, Chester, Cheshire, CH1 3DXEmail sales@cheshirerepaircentre.co.ukIf you need to contact us, please use the details above2. Make a Contract with Us2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.2.2 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this.2.3 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website.2.4 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.2.5 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.3. How to Place Order3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.3.2 Carriage charges will calculated at the checkout, prior to you placing your order.3.3 You will be required to pay for the goods in full at the time of ordering.3.4 We use secure payment facilities for online purchases.3.5 Promotional prices only apply during the period stated.3.6 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.3.8 Once your order is complete we will notify you of the dispatch date.
4. How the contract is formed between you and us
4.1 After placing an order, 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 we have accepted your order. The contract between us will only be formed when we send you this confirmation.
4.2 The Contract will relate only to those Products we have confirmed in our confirmation e-mail. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate confirmation e-mail.
4.3 Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.
5. Consumer rights5.1 Under the EU Consumer Rights Directive IP/08/1474 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 calendar days from the day after you receive your goods.5.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.5.3 No right of full refund exists under the EU Consumer Rights Directive IP/08/1474 once you have used your product, unless the product is defective and you are returning it for this reason. We can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods are as expected.5.4 No right of cancellation exists for downloaded goods or “softcopy” goods to which you, the customer has instant access to or use of.5.5 Please observe the following procedure for all returns to us:5.5.1 Please notify us in writing, (email or letter) within 14 calendar days from the day after you receive your goods.5.5.2 If you are returning your product because it is defective, please state the defect or defects.5.5.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a full refund where the product is in an incomplete state.5.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a full refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.5.7 You are responsible for paying any postage or shipping costs incurred when returning the product, however if the product is faulty we will issue you with a free returns address. 5.8 We recommend that all returns be sent by Royal Mail signed for delivery, so that a record of the return is available for you.5.9 We will not issue refunds for any items lost or stolen in transit to us.5.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.5.11 Unused products may be returned by notifying us in writing, (email or letter) within 14 calendar days from the day after you receive your goods.5.12 Subject to the above, we will refund the purchase price of a returned product within fourteen days of receiving the returned product.5.13 Delivery costs are non refundable however we will cover the cost of returning any repaired defective product where the fault lies with us.
6. Availability and delivery
6.1 Your order will be fulfilled by the delivery date set out in the confirmation e-mail or, if no delivery date is specified, then within 30 days of the date of this e-mail, unless there are exceptional circumstances.
6.2 Delivery will be made to the address specified in your order. Should you wish to change the delivery address after your order has been dispatched from us, a admin fee of £10 will be made (subject to approval)
6.3 Orders placed before the specified cut off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available and in stock.
6.4 Items will not be despatched until cleared funds have been received.
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.3 All devices sent to us for repair are sent at your risk - we recommend use of good packaging and insured delivery services when sending devices to us.
8. Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation e-mail.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation e-mail.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Master card, Maestro and Solo through Paypal. We shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that we reserve the right to refuse shipment to a different address than the card billing address.
8.7 Your credit/debit card details will be encrypted by Paypal to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail. We will charge an administration fee of £5 each time your bank is unable to process your payment.
9. Our refunds policy
9.1 When you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, usually, within 30 days of the day you have notified us of your cancellation. In this case, we will refund the price of the Product in full, less the cost of sending the item to you. You will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit back to us
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and if you are entitled, we will notify you of your options to either repair, replace or refund via e-mail within a reasonable period of time. We will usually process your elected repair, replacement or refund as soon as possible and, usually, within 30 days of the day you confirm whether you opt for repair, replacement or refund for the defective Product. If you elect a refund of a Product returned by you because of a defect it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by returning the defective Product to us. If you elect a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.
9.2 Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase.
9.3 Refunds where the reason is not our fault will be made less the Paypal Fees due to Paypal's new policy of not refunding fees for refund. The current fee is 2.9% + £0.30, so any refunds will be less this amount.
9.4 To return a Product for any other reason, see our Returns Policy
10. Our liability and Warranty Terms
10.1 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 that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
10.2 You accept that any repairs carried out or products purchased which are listed as ex-demo products and/or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a maximum warranty of 90 days
10.3 You accept that any device sent to us for repair would be warrantied only for the parts which we replace, we are not liable for any other faults your device develops as a result of any other parts of your device
10.4 You accept that we will not warranty any repair work carried out should we be unable to test the device due to there being any passcode or password protection which prevents us from carrying out testing. Please ensure passwords are removed or supplied with the device at time of sending it to us.
10.5 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
10.5 This does not include or limit in any way our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 under section 2(3) of the Consumer Protection Act 1987;
10.5.3 for fraud or fraudulent misrepresentation;
10.5.4 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
10.5.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.6 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
10.6.1 loss of income or revenue;
10.6.2 loss of business;
10.6.3 loss of profits or contracts;
10.6.4 loss of anticipated savings;
10.6.5 loss of data;
10.6.6 loss of data, or
10.6.7 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.6 inclusive of this clause 10.5.
11. Data Protection
11.1 Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with the Data Protection Act 1998.
11.2 For your security, when ordering from us we only use Secure Socket Layer 3 (SSL3) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
11.3 By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We will not pass your details to a third party unless otherwise indicated to by you.
12. Protecting your security
12.1 We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
12.2 By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
12.3 During security checks we may ask for additional information or documentation to help support the data you have supplied.
12.4 We do not store any sensitive information on our servers.
13. Import duty
13.1 If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. 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 before placing your order.
13.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
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.
15. Notices
All notices given by you to us must be given to CRC (2018) Ltd at 109 Brook Street, Chester, CH1 3DX. 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 13 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.
16. Transfer of rights and obligations
16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 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.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 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).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18. Waiver
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
21.1 We have the right to revise or amend these terms and conditions from time to time in order to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws/regulatory requirements and changes in our system's capabilities.
21.2 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 Acceptance Confirmation (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).
22. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. |
