We guarantee and represent that the goods are as described in the above listing. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Customers should satisfy themselves that any item choice made is suitable for their intended purpose or use. We pride ourselves on our customer service. In the rare event that you have a problem with your item please contact us and we'll be happy to help. All i-nique branded hardware products come with a Lifetime Warranty, which means that if for purpose of bad workmanship, or defect, you can return it to us foran exchange. It does not pertain to normal wear and tear, or misuse. Please note: the Lifetime Warranty excludes electrical type products, earphones and batteries
Terms and Conditions
COPYRIGHT
This site is owned and operated by i-nique ("inique", "we", "us" or "Supplier") a registered company in UK Ashtead Retail & Wholesale limited . Registered number 5369449 (United Kingdom).
Ashtead Retail & Wholesale LTD
CONSUMER TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract 1.1 These terms of sale apply to all goods supplied by Ashtead Retail & Wholesale LTD, whose registered office is at unit 1, the circuit centre, avro way, weybridge, surrey, kt130yt., registered in England and Wales No. 5369449 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. 1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions. 2.1 The description and price of the goods you order will be as shown on ebay at the time you place your order. 2.4 In addition to the price, you will be required to pay a charge for delivery and handling of the goods.
3. Payment 3.1 Payment for the goods and delivery charges must be made by any method shown on the ebay at the time you place your order. Payment must be received before the delivery has taken place, this is a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately. 3.2 There will be no delivery until cleared funds are received. 3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Delivery 4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom. We reserve the right to refuse delivery. 4.2 Orders placed before 1.00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided that no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.) 4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery. 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may: 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or 4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods. 4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure. 4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. 4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
5. Risk/Title 5.1 The goods are at your risk from the time of delivery. 5.2 Ownership of the goods shall not pass to you until the Supplier has received in payment of all sums due to it in respect of: 5.2.1 the goods, and 5.2.2 all other sums which are or which become due to the Supplier from you on any account. 5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Title for Business Customers 6.1 If you are a business customer until ownership of the goods has passed to you, you must: 6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property; 6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and 6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.2 If you are a business customer your right to possession of the goods shall terminate immediately if: 6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant-ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or 6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or 6.2.3 you encumber or in any way charge any of the goods.
7. Your right of cancellation and return 7.1 You do not have the right to ebay auction once you have won the auction 7.3 Except in the case of faulty or miss-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost, if you use our pre-paid return service, we will debit the cost of the postage back to us from your refund due. The minimum charge for this will be Ă‚ÂŁ2.50. The goods must be returned to the address shown within the Returns on Line section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or miss-described goods we shall, after receiving notification in accordance with clause 72, 8.3 or 8.4, you are entitled to use our free return service at no cost. 7.5 Except in the case of faulty or miss-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods. 7.7 Once goods reported as faulty have been returned to us, will be tested, if found to be in full working order, the goods will be returned to you and the cost of any additional carriage will be charged. This does not affect your statutory rights 7.8 We are not responsible for any compatibility issues. If goods are returned on these grounds, we will charge a set 20% re-stocking fee. 7.9 For DOA (Dead on arrival) good, we have to be notified via our on-line returns system within 3 working days of receipts of goods 7.10 Arrangement for any return is the sole responsibility of the customer.
8. Warranty 8.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. 8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval. 8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier via the on-line return system within 3 working days 8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the on-line returns system, but in any event within 3 days of the date you discovered or ought to have discovered the damage, defect or complaint. 8.5 Outside of the 28 day faulty return period, returned items can not be accepted, unless covered by manufacturerÂ’s warranty. Items returned to us will be forwarded to the manufacturer for repair or replacement.
9. Lifetime Warranty 9.1 The Lifetime Warranty is valid only for cases, not clips, swivels or other accessories. 9.2 Conditions where you are covered 9.2.1 If you are the original purchaser 9.2.2 If your case shows a defect that is related to a production failure. 9.3 Conditions where you are not covered 9.3.1 Does not cover for fair wear and tear. 9.3.2 Does not cover accidental damage, misuse, improper care or alternation, or force majeurs, such as floods and earthquakes. 9.3.3 I-nique will not assume any responsibility for any loss or damage incurred in shipping. 9.3.4 Any repair work on i-nique products by unauthorized third parties voids any warranties. 9.3.5 I-nique does not take any responsibility for third party products, i.e., i-nique will not reimburse any damage to devices used together with i-nique products. 9.3.6 The responsibility of i-nique products shall be limited to the repair or the replacement of the product at its sole discretion. This warranty excludes claims for incidental or consequential damages in connection with the warranty problem. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. 9.3.7 This warranty gives you specific legal rights according to UK Law, and you may also have other rights, which vary from state to state or country to country. 9.3.8 Please Note: Features and specifications of all i-nique products are subjected to change without notification.
10. Limitation of Liability 10.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where: 10.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents; 10.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; 10.1.3 any increase in loss or damage resulting from breach by you of any term of this contract. 10.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation. 10.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
11. Data Protection The Supplier will take all reasonable precautions to keep the details of your order and secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
12. Images Product images are for illustrative purposes only and may differ from payment the actual product.
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.
13. Advice given by us to you 13.1 We are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades. 13.2 We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice. 13.3 Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose. 13.4 The Customer shall be deemed as the importer of Record for all shipments from UK to outside UK. Title of goods transfer as soon as the good enter the customers country. Goods are sold on DAP Inco Terms, the duties / taxes are the responsibility of the customer.
