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|  | | Terms and ConditionsGeneral TermsThis web site is managed by eXpansys in partnership with Mobility Electronics. The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time, so please check back. Links This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation. Product Availability Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order. Copyright and Trademark Notice All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Mobility Electronics, eXpansys, or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its software suppliers and protected by United States and international copyright laws. All marks indicated as trademarks or registered trademarks on this Site are registered trademarks of Mobility Electronics, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mobility Electronics, eXpansys or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Other Terms and Conditions Mobility Electronics may have additional terms and conditions that govern its general corporate website and the use of that site. To see and review these terms and conditions, please visit the corporate web site of Mobility Electronics at http://www.mobilityelectronics.com. Shop Terms If you would like to talk directly to eXpansys or would like to place an order over the phone, please call +44 (0)161 868 0868, lines are open 8am-10pm Mon-Fri. These Terms and Conditions are applicable every time you access our website and/or order goods from our website. 1.0 Ordering Goods 1.1 All orders placed through our website will be subject to our acceptance of the order. We reserve the right to decline any order for any reason. 1.2 When you submit an order to us on our website, you will receive an email to confirm that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we dispatch the goods to you. Title to the goods will pass to you on delivery. 1.3 Where you have redeemed a promotional code or any other offer ("a Code") against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive. 1.4 Should you wish to cancel your order or return any goods, please go to the Returns section for further information. 2.0 Processing your orders and payment 2.1 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled. 2.2 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section. 2.3 Customers using PayPal, please note that any commission charged by PayPal to you in conjunction with placing an order is not refundable. 2.4 Customers using a credit card, your card will not be debited until the day we ship your goods. 3.0 Delivery 3.1 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order. 3.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. 3.3 All items are subject to stock availability. 3.4 When we deliver your items to you will be asked to sign for the goods to acknowledge that you have received them. 3.5 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 as soon as we have investigated with the courier. 3.6 Where an incorrect address has been given to eXpansys UK Ltd with the order we reserve the right to charge for any extra carriage costs incurred. 3.7 Claims for damage, delivery discrepancy etc. should be made within 48 hours of delivery - claims will not be accepted after this time. Please sign the consignment document 'UNCHECKED', as we cannot otherwise accept any claims for damage in transit. 3.8 We are currently unable to organise secure deliveries to customers in South Africa, all South African orders will need to be collected from our UK warehouse by the customer's courier who will be responsible for the goods from collection. We apologise for any inconvenience that this causes. 3.9 A proof of delivery for consignments dispatched with DHL can only be provided up to 90 days after dispatch. DHL delete their records after 90 days. All orders to be shipped by DHL which are received after 1pm will not be dispatched until the following working day. 3.10 For a full schedule of delivery prices click here. 4.0 Returns 4.1 Any faults that occur within the first 21 days after the goods arrive must be reported to eXpansys within this time frame to be eligible for refund/replacement. Goods with faults reported outside the first 21 days after the goods arrive should be sent to the manufacturer for repair. Please note that packaging must be in pristine condition to be eligible for a refund, and all goods will be tested if reported faulty upon their return either by eXpansys technical staff or the manufacturer where appropriate. 4.2 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 (click here to find out how to return goods). A refund will be provided within 30 days. Please note that packaging must be in pristine condition or eXpansys will charge the customer a fee to compensate eXpansys for the written down value of the stock. Return shipping is at the customer’s expense. 4.3 If any goods are returned in an incomplete manner, eXpansys at it's discretion can either reject the returned item as incomplete and return the goods at the customers expense, or eXpansys can charge the customer a sum equivalent to the replacement cost of the missing item - this can include small items such as manuals, cables, batteries, styli, etc. If we cannot replace the missing items (e.g. replacement hard copy manuals are very difficult to replace) then eXpansys will charge the customer a fee to compensate eXpansys for the written down value of the incomplete stock. 4.4 Please note that software of any description is exempt from the Distance Selling Act, so before you open, use or register the software element of your ordered product(s), please check where it is possible to do so, that goods function correctly. Where it is not possible to ascertain the functionality of the goods without loading the software, please check with eXpansys to see if the software is available in a downloadable format. If any returned goods are not faulty, and the goods contain software that has been opened, used or registered, a 25% fee will apply to compensate us for the loss of software element of the goods in question. 5.0 VAT, Import Duty and Other Sales Taxes 5.1 All prices listed on the site exclude VAT unless stated otherwise. 5.2 Since the introduction of new rules regarding VAT in the EU, eXpansys has sought individual VAT status for the larger EU countries, in these counties the prevailing rate of VAT will be levied, in the other countries eXpansys will levy VAT at the prevailing UK VAT rate. The list of EU countries where VAT is levied at the prevailing rate is: - Belgium - Netherlands - Germany - Spain - Italy - Portugal - Ireland Documentation is enclosed with the goods to confirm that VAT has been charged and the rate which has been applied. 5.3 Under UK VAT rules, VAT is charged on all shipping costs including Royal Mail. 5.4 For all countries outside of the EU, for example USA, Switzerland or Taiwan - no VAT is charged. 5.5 Our main VAT registration number is UK 781 4981 91. 5.6 Many countries charge duty on goods at the point of import. You should always confirm what the import tax and duties will be before placing your order, these charges will normally be accepted by the courier used to deliver your goods and passed on to you at the point of delivery. It is your responsibility to pay these charges. Please note this charge is levied by your government not by eXpansys and we have no control over it. If you or someone acting on your behalf rejects the goods at the point of delivery then eXpansys UK Ltd will charge you for all the associated delivery and administration charges. 6.0 Privacy 6.1 We do collect the information given at the time of your order. This information is not disclosed to any third party and is collected by eXpansys UK Ltd. 6.2 We do not email customers except in connection with your order; you will receive no newsletters, special offers or other spam. From time to time your address details may be used for postal marketing. 6.3 We aim to offer a top quality service at the best price possible, to do this we need to reserve the right to change the above policies at any time. 6.4 All information is collected lawfully and in accordance with the Data Protection Act 1998. 6.5 If you wish to opt out of any postal marketing please email your details to marketing@expansys.com. 6.6 We can provide a full schedule of all information collected on an individual for a fee of £10.00; we will require significant proof of identification. In accordance with the Data Protection Act 1998 the information will be provided within 40 days of required level of identification. 6.7 If you have any questions about information privacy at eXpansys please contact administrator@expansys.com. 7.0 Security 7.1 On order processing pages we use a 1024bit certificate. 7.2 If you have any questions about security at eXpansys please contact administrator@expansys.com 7.3 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 8.0 Pricing 8.1 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. 8.2 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 the stock becomes available customers will be informed of the change before payment is processed and offered the opportunity to cancel the order. 9.0 Business Customers 9.1 If you are a business, you will not export any goods purchased from us in contravention of United States of America export controls. 9.2 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. 10.0 General 10.1 The use of our site and any contracts formed are governed by English law. 10.2 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods. 10.3 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence. 10.4 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods. 10.5 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. 10.6 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions. 10.7 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. 10.8 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing. 10.9 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website. 10.10 There are from time to time links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites. 10.11 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship. 10.12 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors. 10.13 Any unauthorised use of material on this site is strictly prohibited. 10.14 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements (updated February 2007). 11.0 E&OE 11.1 Errors and ommissions must be excepted. 12.0 No effect to statutory rights 12.1 The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer. | ||||||||||||||||||||||||||||||||||||||||||||||||||
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