Remote Control Cloud Nine
World Wide Delivery

Terms & Conditions

  1. Definitions and Personalisation
  2. Age Restrictions
  3. Business Customers
  4. International Customers
  5. Intellectual Property
  6. Third Party Intellectual Property
  7. Links to Other Web Sites
  8. Links to This Web Site
  9. Use of Communications Facilities
  10. Accounts
  11. Termination and Cancellation
  12. Goods Pricing and Availability
  13. Delivery
  14. Returns Policy
  15. Privacy
  16. Disclaimers
  17. Changes to the Service and these Terms and Conditions
  18. Availability of the Web Site
  19. Limitation of Liability
  20. No Waiver
  21. Previous Terms and Conditions
  22. Notices
  23. Law and Jurisdiction

Background

This agreement applies as between you, the User of this Web Site and Gadgetepoint, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Personalisation

In this Agreement the following terms shall have the following meanings:

Account

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

Carrier

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

Goods

means any products that Gadgetepoint advertises and / or makes available for sale through this Web Site;

Gadgetepoint

means Gadget Epoint (UK) Limited and gadgetepoint.co.uk 35 Moorfield Avenue, Denton, Manchester M34 7TF;

Service

means collectively any online facilities, tools, services or information that Gadgetepoint makes available through the Web Site either now or in the future;

Payment Information

means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

Purchase Information

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

Premises

Means our place(s) of business located at Gadget Epoint (UK) Limited, 35 Moorfield Avenue, Denton, Manchester, M34 7TF;

System

means any online communications infrastructure that Gadgetepoint makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User / Users

means any third party that accesses the Web Site and is not employed by Gadgetepoint and acting in the course of their employment; and

Website

means the website that you are currently using (www.gadgetepoint.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

4. International Customers

Gadgetepoint delivers to addresses within mainland United Kingdom and Northern Ireland only.

5. Intellectual Property

Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Gadgetepoint, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Gadgetepoint.

6. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Gadgetepoint or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.gadgetepoint.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Gadgetepoint. To find out more please contact us.

9. Use of Communications Facilities

9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

9.1.1 You must not use obscene or vulgar language;

9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3 You must not submit Content that is intended to promote or incite violence;

9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

9.1.6 You must not impersonate other people, particularly employees and representatives of Gadgetepoint or our affiliates; and

9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

9.2 You acknowledge that Gadgetepoint reserves the right to monitor any and all communications made to us or using our System.

10. Accounts

10.1 In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

10.1.1 all information you submit is accurate and truthful;

10.1.2 you have permission to submit Payment Information where permission may be required; and

10.1.3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. Gadgetepoint accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Gadgetepoint immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Gadgetepoint accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

11.1 Either Gadgetepoint or you may terminate your Account. If Gadgetepoint terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2 If Gadgetepoint terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

11.3 Gadgetepoint reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

11.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

11.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

12. Goods Pricing and Availability

12.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Gadgetepoint correspond to the actual Goods, Gadgetepoint is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.

12.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

12.3 Gadgetepoint does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site however these may not take into account sales that have taken place during your visit to the web site.

12.4 All pricing information on the Web Site is correct at the time of going online. Gadgetepoint reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Goods and Gadgetepoint processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13. Delivery

13.1 Gadgetepoint will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

13.2 If Gadgetepoint receives no communication from you, within 10 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

14. Returns Policy

Gadgetepoint aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.

14.1 Incorrect Goods Received: If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange return. In these circumstances Gadgetepoint is responsible for refunding your return shipment costs. Please obtain a proof of posting certificate/ receipt from your post office to enable us to process this refund. Please return Goods to us using an insured delivery service such as Royal Mail Recorded (signed for) Delivery. Please ensure that there is sufficient insurance to cover the cost of the Goods. Gadgetepoint will only refund the cost of the cheapest form of delivery with insurance. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, you will be given the option to have the Goods replaced with those ordered (if available) or to be refunded, the price of the Goods, as paid by you, through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods

14.2 Faulty Goods (Within 28 days of purchase): If any Goods you have purchased have faults when they are delivered to you, you should contact Gadgetepoint within 28 days to arrange return. In these circumstances Gadgetepoint is responsible for refunding your return shipment costs. Please obtain a proof of posting certificate/ receipt from your post office to enable us to process this refund. Please return Goods to us using an insured delivery service such as Royal Mail Recorded (signed for) Delivery. Please ensure that there is sufficient insurance to cover the cost of the Goods. Gadgetepoint will only refund the cost of the cheapest form of delivery with insurance. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, you will be given the option to have the Goods replaced (if available) or to be refunded, the price of the Goods, as paid by you, through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. Goods that are deemed not faulty by Gadgetepoint will only be returned at your cost.

14.3 Faulty Goods (Within manufacturer’s Guarantee): If any Goods develop faults after 28 days of delivery and within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. In these circumstances Gadgetepoint is not responsible for refunding your return shipment costs. Goods that are deemed not faulty by Gadgetepoint will only be returned at your cost.

14.4 Damaged Goods: If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Gadgetepoint within 10 days and arrange return. In these circumstances Gadgetepoint is responsible for refunding your return shipment costs. Please obtain a proof of posting certificate/ receipt from your post office to enable us to process this refund. Please return Goods to us using an insured delivery service such as Royal Mail Recorded (signed for) Delivery. Please ensure that there is sufficient insurance to cover the cost of the Goods. Gadgetepoint will only refund the cost of the cheapest form of delivery with insurance. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, you will be given the option to have the Goods replaced (if available) or to be refunded, the price of the Goods, as paid by you, through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. Goods that are deemed not faulty by Gadgetepoint will only be returned at your cost.

14.5 Unwanted Goods: If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Gadgetepoint within 10 days of receipt. You are responsible for paying all shipment costs involved if Goods are returned for this reason. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Gadgetepoint. If Gadgetepoint deem that the Goods have been used and not in “as new” condition, you will be contacted and given the choice of having the Goods returned to you at your cost or refunding the cost of the Goods less a stocking fee of between 10% and 25% depending upon the Goods.

14.6 If you wish to return Goods to Gadgetepoint for any of the above reasons, please contact us for an RMA (Return Merchandise Authorisation) reference number and to make the appropriate arrangements. Gadgetepoint cannot accept returns without a valid RMA number. Where Goods are to be sent directly back to us, as is in the majority of returns cases, a Gadgetepoint Returns Form must be printed, completed in full, and attached with your return. Please note that description of fault must be given in full.

14.7 Gadgetepoint reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

14.7 Gadgetepoint reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

14.7.1 Any use or enjoyment that you may have already had out of the Goods;

14.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

14.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

14.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.

Such discretion to be exercised only within the confines of the law.

15. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

16. Disclaimers

16.1 Gadgetepoint makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

16.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

17. Changes to the Service and these Terms and Conditions

Gadgetepoint reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Gadgetepoint is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Gadgetepoint accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1 To the maximum extent permitted by law, Gadgetepoint accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

19.2 Nothing in these Terms and Conditions excludes or restricts Gadgetepoint’s liability for death or personal injury resulting from any negligence or fraud on the part of Gadgetepoint.

19.3 Nothing in these Terms and Conditions excludes or restricts Gadgetepoint’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.

19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Notices

All notices / communications shall be given to us either by post to our Premises (contact us) or by email to info@gadgetepoint.co.uk . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

23. Law and Jurisdiction

These terms and conditions and the relationship between you and Gadgetepoint shall be governed by and construed in accordance with the Law of England and Wales and Gadgetepoint and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.