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Terms and Conditions

This page (together with the documents expressly referred to on it sets out the terms and conditions ("Terms") on which we agree to sell the Products ("Products") listed on our website ("our Site") to you.

 

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to.

 

You should print a copy of these Terms or save them to your computer for future reference.

 

We may amend these Terms from time to time.  Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13 June 2014.

 

Information about us

 

1.1     We operate the website www.refurbthat.com. We are RefubThat Limited a company registered in England and Wales under company number 06442090 with its registered office at 24C Moorland Way, Nelson Park Industrial Estate, Cramlington, Northumberland, NE23 1WE. Our VAT number is GB 932846505.

 

1.2     To contact us, please see our Contact Us page.

 

Our Products

 

1.3 The images and descriptions of the Products on our Site are for illustrative purposes only and are designed to provide you with an approximate idea of the Products available.  Although we have made every effort to display the true colours of the Products, we cannot guarantee that your computer's display of the colours will accurately reflect the colour of the Products.  Accordingly, the Products which are supplied to you may vary slightly from the images on our Site.

 

1.4 As our business involves the sale of refurbished Products, the detailed specifications of the Products on our Site reflect the specifications provided by the manufacturer of the Product.  Additional information and specifications of the Products on our Site may be available from the Manufacturer.  Please contact us should you have any queries or wish to obtain additional details of the Products before you place your order.

 

1.5 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if a Product you have ordered is not available and we will not process your order.

 

How we use your personal information

 

We only use your personal information in accordance our Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.

 

Right to purchase Products

 

This clause only applies if you are a consumer.

 

1.6 If you are a consumer as defined in the EU Consumer Rights Directive 2011/83/EC (as amended) you may only purchase Products from our Site if you are at least 18 years old.

 

1.7 As a consumer, in addition to your rights under the EU’s Consumer Rights Directive, you may have legal rights in relation to Products that are faulty or not as described.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.  Nothing in these Terms will affect these legal rights.

 

If you are a business customer

 

This clause only applies if you are a business.

 

1.8 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.

 

1.9 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us.  You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

 

How the contract is formed between you and us

 

1.10 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

1.11 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause

 

1.12 We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). The Contract between us will only be formed once the Dispatch Confirmation has been sent.

 

1.13 If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available; or because of a material error in the price on our Site, we will inform you of this by e-mail and we will not process your order.  If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

1.14 These Terms, and the Contract between us, are only in the English language.

 

Our right to vary these terms

 

1.15 We may revise these Terms from time to time for any reason including but not limited to changes in how we accept payment from you; changes in relevant laws and regulatory requirements; and/or changes in our systems’ capabilities.

 

1.16 Every time you order Products from us, the Terms in force at that time will apply to the Contract made between you and us.

 

Consumer’s right of return and refund

 

1.17 This clause only applies if you are a 'consumer' as define in the EU Consumer Rights Directive 2011/83/EC (as amended).

 

1.18 We want you to be satisfied when you shop with us. However, occasionally we know that you may want to return a Product.  As a consumer, you have a legal right to cancel a Contract under the Consumer Rights Directive during the period set out below in clause

1.19  This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a full refund (except for the cost of returning Products that are not faulty or mis-described if we arrange the return shipping on your behalf, in which case we will deduct the return shipping charges from your refund).   Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of software, DVDs or CDs which have a security seal which you have opened or unsealed.  Products of this nature may only be returned if they are faulty or not as described.

 

1.20 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed.  Once the Products have been delivered to you, you have a period of fourteen (14) calendar days in which you may cancel, starting from the day after the day you receive the Products.  

 

1.21 To cancel a Contract, you must contact us in writing by sending an e-mail to info@refurbthat.com or by sending a letter to RefurbThat Limited, 24C Moorland Way, Nelson Park Industrial Estate, Cramlington, Northumberland, NE23 1WE.

 

1.22 You may wish to keep a copy of your cancellation notification for your own records.  Your cancellation is effective from the date you send the e-mail or post the letter to us (whichever applies).

 

1.23 We will process the refund due to you as soon as possible and, in any case, within fourteen (14) calendar days of the day on which we receive the Products back. If you returned the Products to us because they were faulty or mis-described, please see clause 1.24.

 

1.24 If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of a defective Products in full, including any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.

 

1.25 In the Company’s sole discretion it may allow you to return a Product that is not faulty or mis-described after the fourteen (14) day cancellation period has expired.  You will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products on your behalf.  Any Products returned under this Clause 1.25 will be subject to a 25% restocking fee.

 

1.26 If you cancel a Contract and the Products have been delivered to you:

 

1.26.1 you must return the Products to us as soon as reasonably practicable, and in any event no later than fourteen (14) calendar days starting from the day after the day you receive the Products. 

 

1.26.2 unless the Products are faulty or not as described (in this case, see clause 1.24 above), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products on your behalf.

 

1.26.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products during this time. You should not continue to use the Products once your cancellation notice has been issued;

 

1.26.4 all Products which are to be returned following a cancellation must be returned with their original packaging.

 

Business Customer’s right of return and refund

 

1.27  Within seven working days of delivery you may return Products to us under this clause because they are faulty or mis-described and we will refund the price of a defective Products in full, including any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 

1.28  In the Company’s sole discretion, within three working days after delivery, the Company may allow you to return a Products that is not faulty or mis-described.  You will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you.  Any Products returned under this Clause 1.28 will be subject to a 25% restocking fee.

 

1.29 To return a Products you must contact us in writing by sending an e-mail to info@refurbthat.com.  You must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.  You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products during this time. You should not continue to use the Products once your cancellation notice has been issued.

 

1.30  We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.

 

1.31  All Products which are to be returned following a cancellation must be returned with their original packaging or additional charges may apply.

 

Delivery

 

1.32 We shall determine the delivery method for your order based on the size of the Products comprising your order. For the majority of Products, we shall use Interlink Express (or such other courier provider of a similar standard as we may from time to time decide) to delivery your order.  Smaller items may be sent via the Post Office and larger orders where pallets are required, may be delivered by Glendale Transport, a partner of Palletways (or such other pallet distributors of a similar standard as we may from time to time decide).

 

1.33 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined below).  If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date as soon as reasonably practicable.

 

1.34 Delivery will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from the completion of delivery.

 

1.35 Ownership of the Products shall transfer to you once we have received payment in full, including all applicable delivery charges.

 

International delivery

 

1.36  We are able to deliver internationally. However there are restrictions on some Products for certain international destinations and should you require an international delivery you must contact us prior to placing your order for confirmation that the Products required can be delivered to your destination. We will confirm in writing as soon as reasonably practicable whether we are able to deliver to the required delivery destination and the likely shipping charges to be incurred in doing so.

 

1.37 If you order Products from our Site for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

 

1.38 You will be responsible for payment of any such import duties and taxes levied on the Products. Please contact your local customs office for further information before placing your order should you have any queries regarding import duties and taxes.

 

1.39 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

Price of Products and delivery charges

 

1.40 The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, there may be occasions where an error in the price of Products you ordered occurs. In this event, you will be given an opportunity to cancel the order and receive a full refund.

 

1.41 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

 

1.42 The price of a Products includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.  However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 

1.43 The price of a Products does not include delivery charges. Our delivery charges are as quoted on our Site from time to time and are confirmed in the Dispatch Confirmation.

 

1.44 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

How to pay

 

1.45 You can pay for Products using a debit or credit card or via PayPal.

 

1.46 Payment for the Products and all applicable delivery charges is in advance. We will not take payment from you until your order is ready for dispatch.

 

Our warranty for the Products

 

1.47 Unless expressly stated otherwise in the Product’s description, we will provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. For batteries the warranty period is thirty (30) days.  However, this warranty does not apply in the circumstances described in clause 1.48 and 1.49.

 

1.48 The warranty in clause 1.47 does not apply to any defect in a Products arising from:

 

1.48.1 fair wear and tear;

 

1.48.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

 

1.48.3 your failure to operate or use the Products in accordance with the user instructions;

 

1.48.4 any alteration or repair by you or by a third party who is not one of our authorised repairers; or

 

1.48.5 any software installed by you or on your behalf; or any file corruption, internet usage or any virus or bug which infiltrates or damages the Products.

 

1.49 The warranty described in clause 1.47 shall apply to hardware Products only.  Batteries will only be considered defective if they have less than 50% capacity remaining.

 

1.50 If you are a consumer, as defined in the EU Consumer Rights Directive 2011/83/EC (as amended), this warranty is in addition to your legal rights in relation to Products that are faulty or not as described.  Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

1.51 We reserve the right to test any Products returned to us in accordance with these Terms. If, on testing, it transpires that you have not complied with the provisions of these Terms and/or any Products returned to us is damaged through misuse, is missing parts or is in an unsellable condition due to your own acts or omissions, we will have no liability to repair or replace the Products and shall be entitled to return the Products to you in their existing condition.

 

Our liability if you are a business

 

This clause only applies if you are not a consumer.

 

1.52 We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.

 

1.53 Nothing in these Terms limit or exclude our liability for:

 

1.53.1 death or personal injury caused by our negligence;

 

1.53.2 fraud or fraudulent misrepresentation;

 

1.53.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

 

1.53.4 defective Products under the Consumer Protection Act 1987.

 

1.54 Subject to clause 1.53, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 

1.54.1 any loss of profits, sales, business, or revenue;

 

1.54.2 loss or corruption of data, information or software;

 

1.54.3 loss of business opportunity;

 

1.54.4 loss of anticipated savings;

 

1.54.5 loss of goodwill; or

 

1.54.6 any indirect or consequential loss.

 

1.55 Subject to clause 1.53 and clause 1.54 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price paid by you for the Products.

 

1.56 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

Our liability if you are a consumer

 

This clause only applies if you are a consumer as defined in the EU Consumer Rights Directive 2011/83/EC (as amended).

 

1.57 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

 

1.58 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

1.59 We do not in any way exclude or limit our liability for:

 

1.59.1 death or personal injury caused by our negligence;

 

1.59.2 fraud or fraudulent misrepresentation;

 

1.59.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

 

1.59.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

 

1.59.5 defective Products under the Consumer Protection Act 1987.

 

Events outside our control

 

1.60 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-

outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

1.61 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control.

 

1.62 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

1.62.1 we will contact you as soon as reasonably practicable to notify you; and

 

1.62.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

Communications between us

 

1.63 When we refer, in these Terms, to "in writing", this will include e-mail.

 

1.64 To cancel a Contract in accordance with your legal right to do so, or if you wish to contact us in writing for any other reason, you may contact us by sending an e-mail to info@refurbthat.com or by sending a letter to RefurbThat Limited, 24C Moorland Way, Nelson Park Industrial Estate, Cramlington, Northumberland, NE23 1WE.

 

1.65 Except in relation to the cancellation of a Contract, you can also contact us using our Customer Services telephone line.

 

1.66 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

1.67 If you are a business, please note that any notice given by you to us, or by us to you, 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

Other important terms

 

1.68 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

 

1.69 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Products as a gift, you may transfer the benefit of our warranty in clause to the recipient of the gift without needing to ask our consent.

 

1.70 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you have purchased a Products as a gift, the recipient of your gift will have the benefit of our warranty at clause, but we and you will not need their consent to cancel or make any changes to these Terms.

 

1.71 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

1.72 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

1.73 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

1.74 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England.