SymecTech.com Ltd Consumer Terms & Conditions Of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website SymecTech.com.com (our site) to you.These terms and conditions only apply if you are buying as a consumer.
Please read these terms and conditions carefully before ordering any Products from our site.You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.You should print a copy of these terms and conditions for future reference.
1.Information about us
SymecTech.com.com is a site operated by Symec Technologies Ltd (we).We are registered in England and Wales under company number 06975522 and with our registered office at The Willows, 159 Four Acres, Bristol, BS13 8RA.Our main trading address is SymecTech.com Ltd The Willows, 159 Four Acres, Bristol, BS13 8RA. Our VAT number is GB985940954.
Our site is only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.
By placing an order through our site, you warrant that:
3.1you are legally capable of entering into binding contracts;
3.2you are at least 18 years old;
3.3you are resident in the United Kingdom (mainland only); and
3.4you are accessing our site from the United Kingdom (mainland).
4.How the contract is formed between you and us
4.1After 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 Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
4.2The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. 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 Acceptance Confirmation.
4.3Any 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.
5.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3You will not have any right to cancel a Contract for the supply of any of the following Products:
5.3.1computer software which has been unsealed; and
5.3.2consumable goods except where a fault has been discovered that could not have been identified without unsealing the Products.
5.4Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This provision does not affect your statutory rights.
5.5If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
6.Availability and delivery
6.1Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 30 days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.
6.2Delivery 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 charge of £10 will be made (a redirection approval is subject to your order and account status).
6.3Orders 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.
6.4There will be no delivery until clear funds have been received.
7.Risk and title
7.1The Products will be at your risk from the time of delivery.
7.2Ownership 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.
8.Price and payment
8.1The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2All prices displayed Ex. VAT unless otherwise stated and exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information
8.3Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
8.4Our 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.
8.5We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo and American Express. Payment with American Express is subject to a 2.5% surcharge. We shall not despatch 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 if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
8.7Your credit/debit card details will be encrypted by us 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 you an administration fee of £5 each time your bank is unable to process your payment.
9.Our refunds policy - Cancellation of Contract/Return of Goods/Replacement of Defective Goods
9.1When you return a Product to us:
9.1.1No contract may be cancelled once it is accepted by the seller and no goods may be returned save at the absolute discretion of the seller.
9.1.2In the event that the seller agrees to accept the return of non-defective goods such return will be on the following conditions:-
9.1.3The buyer must obtain a goods return number from the seller which number must clearly be displayed on each parcel to be returned. The goods must be returned in the manufacturer’s original packaging in unopened condition complete with any accessories, manual and other documentation. Software packages must have the software seal in tact. If these conditions are not complied with returned goods will be rejected.
9.2If in the opinion of the seller damage has been caused to the goods during transport from the buyer to the seller the buyer will remain liable for the full cost of the goods or at the discretion of the seller cost of remedying any damage.
9.3If the seller accepts the return of goods (other than on the grounds of defect) the seller reserves the right to make a handling and restocking charge of 25%.
9.4Any alleged defect in the goods must be notified to the seller within seven days of the date of delivery. In the event that delivery is not refused and the buyer fails to notify the seller within the time stated no rejection of the goods will be accepted and the full purchase price shall be payable by the buyer.
9.5In the event that any valid claim is notified to the seller based on the goods delivered under the contract being defective the seller shall at their discretion be entitled to replace the goods free of charge or refund the buyer the price of the goods actually paid by the buyer and the seller shall have no further liability to the buyer.
9.6The buyer shall retain the goods in respect of which allegation of defect is made together with the original manufacturer’s packaging for a reasonable time to enable the seller or its agent to inspect the goods or to arrange for the goods to be collected from the buyer if the seller would so require.
9.7Unless otherwise agreed in writing by the seller no credit for return goods will be given in the case of goods returned other than by reason of defect.
9.8Goods ordered by customers other than those included in the seller’s sales catalogue will not be accepted for return save where specifically agreed in writing by the seller.
10.1We 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.
10.2You accept that any Products purchased which are listed as grade A, grade B, ex-display products 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 warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site.
10.3Our 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.
10.4This does not include or limit in any way our liability:
10.4.1for death or personal injury caused by our negligence;
10.4.2under section 2(3) of the Consumer Protection Act 1987;
10.4.3for fraud or fraudulent misrepresentation;
10.4.4for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
10.4.5for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.5We 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:
10.5.1loss of income or revenue;
10.5.2loss of business;
10.5.3loss of profits or contracts;
10.5.4loss of anticipated savings;
10.5.5loss of data;
10.5.6loss of data, or
10.5.7waste 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.
11.2For 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.
11.3By 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 may pass your details to a third party unless otherwise indicated to by you.
12.Protecting your security
12.1To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
12.2By 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.
12.3During security checks we may ask for additional information or documentation to help support the data you have supplied.
13.1If 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.
13.2You 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.
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.
All notices given by you to us must be given to SymecTech.com Ltd at Ferry Road, Howden, Goole, East Yorkshire DN14 7UW. 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
16.1The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2You 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.
16.3We 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
17.1We 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).
17.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1strikes, lock-outs or other industrial action;
17.2.2civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5impossibility of the use of public or private telecommunications networks;
17.2.6the acts, decrees, legislation, regulations or restrictions of any government.
17.3Our 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.
18.1If 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.
18.2A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3No 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.
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.
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
21.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2You 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.SymecTech.com, The Willows, 159 Four Acres, Bristol, BS13 8QR
Terms and Conditions Symec Technologies Ltd The Willows, Four Acres, Bristol, BS13 8RA
1.Agreement for repair
The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your mobile telephone, tablet and/or any accessories listed (“Equipment”) on the collection receipt.
Reference to “us”, “we” and “our” refer to Symec and references to “you” and “your” are references to you, the person addressed on this form.
2. All repairs (unless otherwise stated)
This Agreement shall commence from the date that Symec receive your device and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
Any time estimate for completion of the service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the device is returned to you from our offices. For liquid damaged devices, the warranty is only valid for 30 days and only relates to any parts that were fitted during the repair. If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further damage to the repaired part(s). We are not liable for the postage costs of getting the device to us, but we do cover return postage for warranty repairs only.
We may in certain circumstances send your Equipment to another repair centre and sub-contract the repair work to a third party.
For devices that have dents to the metal rear covers or frame surrounds (particularly relevant for iPad front glass repairs), our technicians may need to straighten or file away small areas to ensure the correct positioning of replacement front glass/screens and to prevent any sharp edges causing injury. We make every effort to minimise the cosmetic appearance of such repairs. Generally, it is not necessary to replace the rear covers for minor dents, but if you prefer to have a cosmetically ‘perfect’ repair, we are able to fit brand new replacement rear covers for an additional charge if required.
We conduct testing both before and after repair to identify any additional faults with your device. If it is discovered that water damage has taken place Symec will not be able to continue with repairs. We will notify you of discovery of water damage and return the device to you.
We are not liable if additional faults are identified as a result of the repair process itself. Whilst we make every effort to warn customers if there is potential for additional faults/complications, this cannot always be known in advance.
We use high quality parts made to the original specification and these come with a 90-day warranty.
3. Additional terms for warranty repairs
The 90-Day Warranty does not apply if the device has been subject to further accidental damage post-repair. For clarification, the definition for accidental damage includes (but is not limited to) cracked screens, dented frame’s and any other form of drop or impact.
4.Additional terms for chargeable repairs
The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
W we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of that estimate.
If we are unable to repair your Equipment, no fault is found on your Equipment or decide not to go ahead with any repairs, we will return your Equipment to you un-repaired and we reserve the right to charge you an inspection/processing fee of £30 in accordance with our standard charges.
We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]
Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
If, through our negligence or wilful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
6. Data Protection
We ask for your name and address and the other details (“Personal Information”) during the ordering process so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also use this information from time to time to alert you to new services that we may provide. By submitting an order and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive communications at any time you should write to us at Symec, The Willows, 159 Four Acres, Bristol, BS13 8RA
We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
8. Delivery Policy
Once completed, your order will be returned by insured tracked mail. This is generally a next working day service, however this is not guaranteed and may be subject to delays that are out of our control. On some occasions when this delivery service is not available, we may use alternative carrier. Your package is fully tracked and a tracking reference is available.
Should a device arrive damaged or is missing, please contact us the day it is delivered in order that a claim can be made on your behalf. To pursue a claim, we will require photographic evidence of ALL packaging received (including the outer delivery bag) and proof of initial purchase of the device. Please contact our customer service team if you have any enquiries of this nature.
All packages sent to us must be adequately protected. It is recommended that all devices are sent in their original box, placed inside a jiffy bag. We strongly recommend that you conceal the contents by using a plain wrapper. If the original box is not available, a similar alternative can be used, just ensure there is sufficient protection in place. Any damage to your device during transit is not covered under our insurance policy
Whilst we make every effort to speed up your repair should there be a delivery delay, we cannot be held liable for any financial loss or personal inconvenience that may occur.
9. Cancellation Policy
Under the Distance Selling Regulations, you have the right to cancel your repair contract within 14 days of us receiving your device. If you would like to cancel your repair contract, please email firstname.lastname@example.org with your details.
If you decide to cancel your repair before any work has been undertaken, we will provide a full refund but will charge a return postage and packing fee of £30.
If you decide to cancel your repair within the 14-day period, we will not be liable to pay for any postage/delivery costs you incurred in getting the device to us.
If your device is repaired and returned before the 14-day period has expired, you will lose the right to cancel the contract.
If you decide to cancel your repair within the 14-day cancellation period, refunds will be processed within 14 days from the date of request and repaid to the original form of payment. Refunds granted (at the discretion of the company) outside the statutory cancellation period will be processed within 30 days.
PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE PHONE TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.
By placing an order through our site, you warrant that: -You are resident in Great Britain or Northern Ireland; and - You are accessing our site from that country; and - You are legally capable of entering into a binding contract; and - You are at least 18 years old; or You and your parents or guardians release us of any liabilities or claims that may arise if you send the phone to us in breach of this warranty. If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract. For the purposes of these terms and conditions, “consumer” means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined by the Unfair Contract Terms Act 1977.
By placing an order through our site, you warrant that:
- You are authorised to act on behalf of the registered business; and
- You are based in Great Britain or Northern Ireland; and
- You are accessing our site from that country; and
- You are legally capable of entering into a binding contract.
Please remember that by sending your phone to us, you agree to release us from all and any claims, losses or damages with respect to the phone, any data stored or contained therein or on any media used in conjunction with the phone (whether in the form of personal details, SMS, photos, games, songs or other data (“Data”)). We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the phone prior to you sending it to us.
Events Outside Of Our Control 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 or due to our compliance with any applicable laws or regulations.