Terms of Sale
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you when you purchase one of our hotspots.
1.2 Why you should read them. 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 or require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual.You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are FX Technology Limited, a company registered in England and Wales. Our company registration number is 11602958 and our registered office is at 2 Stone Buildings, Lincoln’s Inn, London, England, WC2A 3TH.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. 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 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it following your request to purchase one (or more) of our products online, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. 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 you have specified.
3.3 Your order number. 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. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The 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. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a percentage tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
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.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. 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 or to update the software. These changes will not generally affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website or by email prior to confirmation of your order and payment.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are goods and if we have indicated that they are in stock at time of purchase, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date or to agree a delivery date, which will be within 30 days after the day on which we accept your order. This period may be extended in the case of international delivery.
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.
7.4 Import costs, duties and taxes. Unless you are based in the UK, you will be responsible for the payment of the respective import costs, duties and taxes of your country, this may include providing the local customs agents or couriers with any relevant documentation. We may supply you with additional information that is required.
7.5 When you own goods. You own a product which is goods once we have received payment in full.
7.6 Reasons we may suspend the supply of products to you. 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; and
(c) make changes to the product as requested by you or notified by us to you (see Clause 6).
8. REFUNDS AND FAULTS
Orders can be cancelled any time before shipping.
After delivery, products must be returned in their original condition with all packaging, accessories, and manuals within 14 days. They must be unopened and unused. A restocking fee of $29 USD per order will be deducted, as well as our shipping cost. Please contact us at email@example.com if you wish to return your purchase.
DeckHD products come with a 1 year warranty on the device, which covers any manufacturing defects to the hardware.
10. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
10.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
10.2 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.
11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
11.1 If you are a business customer we warrant that on delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the UK Sale of Goods Act 1979); and(d) be fit for any purpose held out by us.
11.2 We will not be liable for a product’s failure to comply with the warranty if:
(a) you make any further use of such product after giving a notice ;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) you alter or repair the product without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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
12.2 If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited. We are not liable for business losses.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION