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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
Definitions
Supplier: iBitStore No. 56575323.
Buyer: The person, company or establishment wanting to enter into a sales agreement with the Supplier.
Product: The item being purchased.
Website: www.ibitstore.com and all subpages thereof.
Working Day: A working day is any day other than weekends and bank or other public holidays
1. Contract Layout
1a These Terms of Sale apply to all Product supplied by the Supplier.
1b A binding legal contract will only be formed between the Buyer and the Supplier, for the sale of Product, once the Supplier has received and accepted the Buyers order, the Supplier has received payment in full (cleared funds) and the Product (s) have been received by the Buyer, subject to Description and Price of the Goods, and our Cancellations policy (see below).
1c When an order is placed and payment is made a confirmation email will be sent out - this does not constitute acceptance of the order or a binding contract.
1d The contract is subject to the Buyer right of cancellation (see below).
1e The Supplier may change these Terms of Sale without notice to the Buyer in relation to future sales.
2. Description and Price of the Goods
2a The Supplier will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. The Supplier does not guarantee that this information will be accurate. If an error is found, the Supplier will inform the Buyer as soon as possible and offer the Buyer the option of reconfirming the Buyer order at the correct price, or cancelling the Buyer order. This may be after the Product has been delivered.
2b The Product delivery is subject to availability. If an ordered item is found to be out of stock the Supplier will inform the Buyer as soon as possible and refund or re-credit the Buyer for any sum that has been paid by the Buyer or debited from the Buyer credit card for the Product.
2c If the Supplier is unable to contact the Buyer, the order will be cancelled automatically. If the Buyer cancels the order, or if the order is cancelled automatically, the Supplier will refund or re-credit the Buyer for any sum that has been paid by the Buyer or debited from the Buyer credit card for the Product.
2d In addition to the price, the Buyer will be required to pay a delivery charge for the Product which will be calculated at checkout.
2e We reserve the right to sell our products at higher or lower prices elsewhere.
3. Delivery
3a The Product the Buyer order will be delivered to the address matching the Buyer credit or debit card, and if agreed by the Supplier, to another address supplied by the Buyer to the Supplier either at the point of sale.
3b The Supplier will endeavor to process orders placed before 12.00 pm on a working day that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.
3c If delivery cannot be made to the Buyer address for reasons out of the Supplier's control the Supplier will inform the Buyer as soon as possible.
3d If the Buyer fail to take delivery of the Product and they are returned to us then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
3d(i)Store the Product until actual delivery and charge the Buyer for redelivery; or
3d(ii) Sell the Product and refund the Buyer the price of the item minus p&p.
3e Items are not considered lost until 14 Days after they have been dispatched.
3f If the Buyer fail to take delivery because the Buyer have cancelled the Buyer contract under the Distance Selling Regulations the Supplier shall refund or re-credit the Buyer within 30 days for any sum that has been paid by the Buyer or debited from the Buyer credit card for the Product. On exercising the Buyer right to cancel the Buyer shall be required to return the Product to the Supplier. Should the Buyer fail to return the Product, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the Product as a result of such failure.
3g Every effort will be made to deliver the Product as soon as possible after the Buyer order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by the Buyer through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform the Buyer as soon as possible.
3h Upon receipt of the Buyer order the Buyer will be asked to sign for the Product received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If the Buyer are unable to check the contents of the Buyer delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that the Buyer make thereafter.
3i Some deliveries are not made outside the United Kingdom.
4. Cancellation
4a The Buyer has the right to cancel the contract at any time up to the end of 7 working days after the Buyer receive the Product (see below). These items must be unopened, unused, unsealed and re-sellable.
4a(i) After 7 Days of delivery we cannot make refunds for reasons such as the Buyer does not want the Product anymore;
4a(ii) If the Buyer decide the Buyer do not want the Product anymore and return them to us within between 7 and 28 days of delivery, unopened, fully sealed and unused, we will give the Buyer a refund less an administration and restocking fee of 30%;
4a(iii) If a Product is returned to us as faulty and found not to be faulty we will return the Product at the customers expense.
4b To exercise the Buyer right of cancellation, the Buyer must give written notice to the Supplier by post or the Contact Us section of our website, giving details of the Product ordered and (where appropriate) their delivery.
4c Except in the case of faulty or incorrectly described Product, if the Buyer exercise the Buyer right of cancellation after the Product have been delivered to the Buyer, the Buyer will be responsible for returning the Product to the Supplier at the Buyer own cost. The Product must be returned to the address shown on the Returns Form available on the website. The Buyer must take reasonable care to ensure the Product is not damaged in the meantime or in transit.
4d Once the Buyer have notified the Supplier that the Buyer are cancelling the contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid by the Buyer or debited from the Buyer credit card for the Product.
4e Except in the case of faulty or incorrectly described Product, if the Buyer do not return the Product as required, the Supplier may charge the Buyer a sum not exceeding the direct costs of recovering the Product.
4f The Buyer does not have the right to cancel the contract if the order is for computer software which has been unsealed by the Buyer, or for a consumable Product which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the Product.
4g The Supplier reserves the right to cancel an order if there is found to be a pricing error, even if the goods have been delivered.
4h If an order is cancelled after shipping, then the Buyer agrees to accept delivery of the Product, and return the product via the Freepost address.
5. Warranty
5a In the case of faulty Product, they must be returned to us within 28 days of delivery for replacement or refund.
5b This warranty does not apply to any defect in the Product arising from unfair wear and tear, willful damage, accident, negligence by the Buyer or any third party, use otherwise than as recommended by the Manufacturer, failure to follow the Supplier's instructions, or any alteration or repair carried out without the Supplier's approval.
5c Beyond 28 days of delivery the Buyer should contact the manufacturer as this is the quickest way to resolve warranty related issues.
6. Limitation of Liability
6a Subject to 7 below, if the Buyer is a consumer the Supplier shall not be liable to the Buyer for any loss or damage in circumstances where:
6a(i)There is no breach of a legal duty owed to the Buyer by the Supplier or by its employees or agents;
6a(ii) Such loss or damage is not a reasonably foreseeable result of any such breach;
6a(iii) Any increase in loss or damage resulting from breach by the Buyer of any term of this contract.
6b 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.
6c If the Buyer is a business customer the Supplier shall not be liable to the Buyer 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.
7. Data Protection
7a The Supplier will take all reasonable precautions to keep the details of the Buyer order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by the Buyer.
8. Images
8a Product images are for illustrative purposes only and may differ from the actual product.
9. Jurisdiction
9a These Terms of Sale and the supply of the Product will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save Buyers 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.
10. Competition Rules
10a Individual competitions that we run will have their conditions printed on them, and our standard T&C's apply. To enter any competition without making a purchase please email customerservices@iBitStore.com and request a competition entry form which the Buyer will need to complete and return to us.
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