These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Gizmo2Go Limited a company registered in England and Wales. Our company registration number is 12385928 and our registered office is at 18 Apollo Lichfield Road Industrial Estate, Tamworth, United Kingdom, B79 7TA.
2.2 You can contact us by telephoning our customer service team at 0300 303 3572 or by writing to us at email@example.com or
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 Offer and acceptance. When you place your order, you are offering to buy the product(s) or services from us. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. We will inform you of this and will not charge you for the product or service. If we have charged you, you will be refunded any price you have paid. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline specified.
3.3 Produce and service availability is displayed on our website. We rely on our computer systems for stock control and, consequently, information may occasionally be inaccurate. In such circumstances we will contact you to try to resolve the issue but reserve the right to cancel the contract and refund you in full.
3.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from specification/pictures. We try to provide accurate measurements/dimensions in respect of products, but these may not include protruding features such as controls or handles. Images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
4.2 We sell returned and refurbished items which we describe as Graded Stock. In such circumstances the product description will be as stated on (or linked from) the relevant product page. Your rights under these terms and conditions are based on such descriptions.
4.3 Graded Stock means second hand or used devices which are graded according to the condition of the handset. For example:
4.3.1 Grade A means ‘Like New’ – These devices are as good as new. The utmost care has been taken by the previous ownere. The screen will be unmarked; with any imperfections being very minor and hardly noticeable.
4.3.2 Grade B means ‘Excellent’ – These devices will be in very good condition with minor signs of usage when inspecting closely.
4.3.3 Grade C means ‘Light wear’ – These devices are in good condition with some light signs of wear and tear on the screen and casing.
YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you bought it.
PROVIDING THE PRODUCTS
7.1 Delivery costs will be as displayed to you on our website.
7.2 Delivery times will be notified to you during the order process. If the products are on-going services or subscriptions, we will also tell you during the order process when and how you can end the contract.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered, no one is available at your address to take delivery and/or the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery after a failed delivery to you and you do not collect the order from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 You become responsible for goods from the time we deliver the product to the address you gave us or you collect it from a depot.
7.7 You own goods once delivered/collected and we have received payment in full.
7.8 Provision of information. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.9 We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.11 We may also suspend supply of the products if you do not pay when you are supposed to (see clause 12.4), and until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; (c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period (14 days), but this may be subject to deductions and you will have to pay the costs of return of any goods; (d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2); (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or (e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of: (a) downloadable software products; (b) any item not in its original condition, is damaged or missing parts for reasons not due to our error. (c) any item that is returned more than 14days after delivery; (d) digital products after you have started to download or stream these; (e) any products which become mixed inseparably with other items after their delivery. 8.5 How long do I have to change my mind? How long you have depended on what you have ordered and how it is delivered. (a) Have you bought goods? if so you have 30 days after the day you (or someone you nominate) receives the goods, unless: (i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. (ii) Your goods are for regular delivery over a set period. In this case you have until 30 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract by letting us know by doing one of the following: (a) Phone or email. Call customer services on 0300 303 3572 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) Online. Complete the form on our website at https://www.gizmo2go.com/contact.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the following address: 18 Apollo, Hatton House, Lichfield Road Industrial Estate, Tamworth B79 7TA. Please call customer services on 0300 303 3572 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 30 days of telling us you wish to end the contract.
9.2 We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong; in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.3 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.4 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. (c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
9.7 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
9.8 Late or missing refunds (if applicable). If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
9.9 Sale items. Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
9.10 Exchanges. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com and send your item to: Gizmo2Go, 18 Apollo, Hatton House, Lichfield Road Industrial Estate, Tamworth B79 7TA.
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or (c) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.
10.3 We may withdraw the product by writing to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0300 303 3572 or write to us at firstname.lastname@example.org or the address stated in clause 2.1 above.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · up to 14 days: if your goods are faulty, then you can get an immediate refund. · up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. · up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: · if your digital content is faulty, you’re entitled to a repair or a replacement. · if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back · if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation See also clause 8.3. If your product is services, the Consumer Rights Act 2015 says: · you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. · if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. · if you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0300 303 3572 or email us at email@example.com for a return label or to arrange collection.
PRICE AND PAYMENT
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order (excluding delivery). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT between your order date and the date we supply the product. We will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 You must pay for all goods, products and services in advance. We accept payment via the methods stated on the order page.
12.5 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us or notified us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987
13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Subject to the preceding provisions of this clause 13, our aggregate liability to you is limited to a sum equal to the amount paid by you for the relevant item of goods, service or content in respect of one incident or series of incidents attributable to the same cause.
13.6 This clause 13 does not affect your statutory rights as a consumer.
HOW WE MAY USE YOUR PERSONAL INFORMATION 14.1 We will use your personal information in accordance with our Privacy Statement (https://www.gizmo2go.com/privacy-policy/).
OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7 We may change these terms and conditions at any time and such changes will take effect when posted on the website in respect of all transactions entered into from such time.