Affordable Gadgets

Terms and Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
 The following terms and conditions apply to all transactions on www.AffordableGadgets.com.  
1.0 Format of the Contract  
1.1 These terms of sale apply to all goods supplied by Affordable Gadgets, AffordableGadgets.com who is run by OM Enterprises Limited, whose registered office is at 32-36 Hockerill Street, Bishop's Stortford, Hertfordshire CM23 2DW, registered in England and Wales No. 3941136 (the Supplier).  
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.  
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.  
1.4 The contract is subject to your right of cancellation (see below).  
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.  
2.0 Delivery  
2.1 Your credit card will not be debited until the day we ship your goods.  
2.2 Orders sent by courier will be delivered Monday to Friday between 9.00am and 5.00pm and require someone to receive and sign for the delivery.  
2.3 Orders are normally dispatched within 48 hours.
PLEASE HOWEVER ALLOW UP TO 7 WORKING DAYS FOR DELIVERY.
Saturday, Sunday and Bank Holidays are NOT included. We will notify you of any change of delivery by e-mail or telephone providing that we have your correct details with the order.  
2.4 Please refer to your checkout basket or order receipt to see delivery charges. They vary according to weight and value. Please not that delivery prices quoted for U.K mainland only.  
2.5 If your goods fail to arrive within 28 days of dispatch, you will have the option of either a full refund or a replacement shipment.  
2.6 Where an incorrect address has been given to AffordableGadges.com with the order we reserve the right to charge for any extra carriage costs incurred.  
2.7 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
2.7.1   store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or  
2.7.2   sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.  
 
2.8 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.  
2.9 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as 'UNCHECKED'. Failure to do so may affect any warranty claims that you make thereafter.  
3.0 Returns  
3.1 If your goods arrive faulty or damaged, or a fault becomes apparent in the first 21 days after delivery, we will either provide a full refund or dispatch new goods as soon as possible after the faulty goods have been returned.  
3.2 If the goods are not faulty you have 21 days from the day after the goods arrive to cancel the order and return the goods for a refund. A refund will be provided within 30 days.  
3.3 You will be entitled to a full refund of the cost of the goods, less a 5 percent charge for the cost of credit card processing, as long as the equipment is returned in its original packaging, complete, unused and with proof of purchase from us. We do not refund delivery charges for correctly supplied goods.  
3.4 Should any parts be missing, damaged or consumable items be used in whole or part, we reserve the right to make a deduction from any refund due to you for the whole value of the missing, damaged or consumable item.  
3.5 Any refund will only be credited to the credit or debit card used for the original purchase and will only be made after we have received the goods and they have been inspected and confirmed as satisfactory by us.  
4.0 Faulty Items  
4.1 You must notify us in writing within 5 days of delivery of any faults or defects, describing any problems that you are experiencing.  
4.2 Goods must be returned to us within 14 days of delivery  
4.3 You are responsible for any costs incurred returning goods to us. However, we are responsible for the cost of returning repaired or replacement goods to you. Responsibility for any product returned remains with you until such time as we receive it.  
4.4 Goods returned must be adequately addressed and packaged so as to prevent any damage.  
4.5 This warranty covers any faults or defects that are due to faulty design, manufacture or workmanship. It does not cover against misuse, neglect, wilful damage, modification, adaptation, overloading or repair unless authorized by us in writing. Consumable items such as batteries, lamps, fuses etc. are not provided for under this warranty. Goods returned under this warranty may be repaired or replaced with goods of similar specification at our discretion. Goods provided as replacement may be reconditioned as opposed to new. Goods will not be repaired or replaced until such time as any sums due to us in respect of those goods have been paid in full. This does not affect your statutory rights as a consumer.  
5.0 Security  
 We have selected one of the biggest names in banking for all our credit card transaction processing. Barclays ePDQ is a secure online service for card payment authorisation and settlement. The ePDQ Cardholder Payment Interface (CPI) utilises a high level of encryption - where all our customers connect using 128 bit Secure Socket Layer (SSL) encryption. Even if you only have 40 bit SSL capable PCs, ePDQ will automatically upgrade the connection to ensure higher encryption.  
 ePDQ also encrypts stored transaction information, ensuring that it's not tampered with. Barclays take responsibility for capturing and storing card details on their secure servers - they always ensure that this information is held with the very high levels of security you would expect from a major financial services company. For further information please visit www.epdq.co.uk  
6.0 Pricing  
6.1 Whilst we endeavour to ensure the prices on our website are as accurate as possible, we reserve the right to change a price in exceptional circumstances. If a price is corrected due to exceptional circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.  
6.2 If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer to process the order at cost price or the the opportunity for the customer to cancel the order.  
6.3 Prices on orders for out-of-stock or pre-release items are valid for one week after the order is placed. If the price changes when stock becomes available customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.  
7.0 Payment  
7.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.  
7.2 There will be no delivery until cleared funds are received.  
7.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.  
8.0 Business Customers  
8.1 If you are a business or if the goods are used wholly or in part for business purposes, we shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for death or personal injury.  
8.2 If you have a credit account with us payment is due 30 days after the date of our invoice and we may charge interest for late payment calculated daily at 4% above Royal Bank of Scotland base rate both before and after judgment.

1. Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Our Service.

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.

In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

8. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

12. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

13. Applicable Law.

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that partys right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

15. Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
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