Exceptional Electronics TERMS AND CONDITIONS OF SALE
Terms and conditions of sale
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.exe.co.uk or by calling us on 03302 23 23 23.
"EXE" means Exceptional Electronics Ltd
"Conditions" means these terms and conditions;
"Goods" means any goods you purchase under these Conditions;
"Non-subscription Services" mean any Services other than Subscription Services;
"Personal Information" means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions;
"Subscription Services" means Services to which you subscribe on an ongoing basis, for example technical support Services;
"Us/our/we" means Exceptional Electronics Limited, a company registered in the UK, Unit 3, 28-32 Holmethorpe Avenue, Redhill, RH1 2NL
"Website" means either one of the websites located at www.exe.co.uk or any other URL which may replace it; and
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
“Grade A Platinum” means the cosmetic condition is of that of a brand new phone. Some of the internal components may have been refurbished.
- Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-Subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-Subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-Subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.5.4. We are under a legal duty to supply Goods that are in conformity with these Conditions.
1.6. Subscription Services only:
1.6.1. If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Conditions. (i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change. (ii) Your right to cancel under Clause 1.6.1 (i) above does not apply where:(a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve-month period; or (b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.
1.7. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.8. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of "Weapons of Mass Destruction", including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
- Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you subscribe to Subscription Services, suspend the Services until payment is received and, if you continue to fail to make payment, cancel this agreement; and/or
3.2.2. where you have ordered Goods or Non-Subscription Services, cancel this agreement; and/or
3.2.3. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
- Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit www.exe.co.uk/returns-exchanges
4.3. Subscription Services only:
4.3.1. Subject to Clauses 4.3.2 and 4.3.3 and without prejudice to Clause 4.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days written notice.
4.3.2. If Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.1 above, we will not terminate the Subscription Services during such a minimum term.
4.3.3. You can terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.1, we may charge you a cancellation fee.
4.4. Goods and/or Services ordered online or over the phone only
4.4.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
4.4.2. You may cancel any order for Services any time within 14 calendar days from the commencement of the contract for such Services. However, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.4.3. You may cancel any order for Goods other than audio or video recordings or software at any time within 14 calendar days from the day after receiving such Goods, without liability to us.
4.4.6. You may cancel your order by calling us on 03302 232323. For further details on how to cancel, please see www.exe.co.uk. Any cancellation notice must be given before the end of the 7 working day period referred to above.
4.4.7. If you cancel an order for Goods, they must be returned to us within 14 days, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.4.8. Unless collection of the Goods has been arranged, you must return the Goods by sending them to EXE, 28-32, unit 3, Holmethorpe Av, Redhill, RH12NL at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery where appropriate.
4.4.9. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.4.10. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.4.11. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. Use would include, but not be limited to using the Goods to make or receive a call, sending or receiving SMS/MMS, connecting to and/or accessing the internet, downloading, or using any functions of the Goods for example amending settings, saving data, adding a contact or appointment, taking a photograph or using an application. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.4.12. If you cancel your order in accordance with the provisions of this Clause 4.4, subject to the provisions of Clauses 4.4.7 and 4.4.11 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.4.7) within 14 days of such cancellation, only where the Goods have been returned or evidence of the Goods being returned (in accordance with Clause 4.4.7) is provided to us.
- Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. If you would like us to tell you what information we hold about you please write to exe Limited, 28-32, Holmethorpe Avenue, Redhill, RH1 2NL. We may charge a £10.00 administration fee - Please include your full name, address and a copy ID with each request.
5.4. You will have the opportunity to consent to us contacting you by post, e-mail, phone, SMS or MMS about products and services of exe Limited and carefully selected third parties we believe may be of interest to you. You can make changes to your marketing preferences at any time by calling us on 03302 232323
- Terms applicable only to Promotional Items received for free or at a discount when you have entered into a Network Contract or an agreement for Subscription Services
6.1. In relation to this Clause 6 and Clause 7 only, the terms listed below shall have the following meaning: "Minimum Period" means any minimum period for the provision of any Subscription Services or Network Services beginning the day of which the provision of your Subscription Services or Network Services (as applicable) begin or, in the case of a contract renewal, the date on which that renewal becomes effective; "Network Services" means the telecommunication, internet or television services provided by a Network Operator; "Network Contract" means a contract entered into between you and your Network Operator relating to the provision of Network Services; "Network Operator" means a Network provider nominated by us to you into which you have entered any Network Contract; "Promotional Items" means any goods/ gift cards/ vouchers/ subscription services or similar received for free or at a discount when you have entered into a Services Contract; and "Services Contract" means a Network Contract or contract for Subscription Services.
6.1.1. Where you have received your Promotional Item(s) and: (i) it has not been possible to fully provision you with your Network Services or Subscription Services, for whatever reason, within 60 days of you placing your order; (ii) your Services Contract is terminated as a result of you being in breach of its terms (including but not limited to where you have failed to fulfil your payment obligations during the Minimum Period); or (iii) you move onto a lower rate monthly subscription or you end the Services Contract for any reason within your Minimum Period you must: a. return the Promotional Items to us upon ending your Services Contract or within 14 days of our request for you to do so by sending it to the address of which we notify you (here, we recommend that you use special delivery); or b. keep the Promotional Items, in which case you agree to pay us the amount of the discount being the stand-alone retail price of the Promotional Items (i.e. the price you would have paid had you purchased the Promotional Items without entering into the Services Contract) less any amount paid by you at the time of purchase for the Promotional Items (the "Outstanding Amount").
6.1.2. Any Outstanding Amount due will be invoiced as we advise and you must pay the invoiced amount within 14 days of the date of the invoice.
6.1.3. We agree that, subject to the provisions of Clauses 6.1.1 and 6.1.2 we will not exercise our right under Clause 3.7 where you have entered into a Services Contract, and are duly performing your obligations as to payment under it.
This Limited warranty is provided by Exceptional Electronics Ltd, Unit 3, 28-32 Holmethorpe Avenue, Redhill, Surrey, RH1 2NL to you as the purchaser of goods from Exceptional Electronics Ltd across all exe.co.uk sales platforms.
This Limited warranty shall apply to the Exceptional Electronics product (the “Product”). Exceptional Electronics is herein referred to as (“eXe”) within this document. eXe warrants that the product is at the time of its original purchase free of defects in materials and workmanship (“Limited Warranty”). THIS LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS.
This Limited Warranty is subject to the following terms and conditions:
7.1 This Limited Warranty is given only to the original purchaser of the Product (“Customer”). This Limited Warranty may, however, be transferred to any individual to whom the Product is sold, so long as the original receipt is obtained from the original purchaser. It shall neither exclude nor limit any statutory rights of the Customer.
7.2 This Limited Warranty shall last for six (6) months from the date of original purchase for mobile devices, and six (6) months for accessories (whether included in the mobile device sales package or sold separately) other than the media on which any software is provided, CD-ROM, memory card (“Warranty Period”).
Customer shall present the PROOF OF PURCHASE upon claiming this Limited Warranty. This Limited Warranty is only valid and enforceable in the country where the Product is purchased.
7.3 The product must be returned to base. All items sent to Exceptional Electronics for return under warranty are made pursuant to a shipment contract. Prior to eXe receiving such items the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, eXe recommends that when sending items for return under warranty you use an insured and/or traceable method of transit, such as Royal Mail Special Delivery or an International Recorded and Trackable delivery service.
7.4 Throughout the Warranty Period eXe or its partners will, at their discretion, without charge and subject to Clause 8 repair or replace a defective Product. Repair or replacement may involve the use of a functionally equivalent reconditioned unit. eXe will return the repaired Product or replaced with another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of eXe.
7.5 This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment.
7.6 If eXe repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period or for one (1) month from the date of repair or replacement, whichever is longer.
7.7 Before returning any unit for service, be sure to back up data and remove any confidential, proprietary, or personal information from the Product. eXe is not responsible for the damage to or loss of any programs, data, or removable storage media where you do not back-up your data.
7.8 THIS LIMITED WARRANTY SHALL NOT APPLY IF THE DEFECT WAS CAUSED THROUGH ANY OF THE FOLLOWING:
- a) the Product serial number, the accessory date code the IMEI number, water indicator or the warranty seal has been removed, erased, defaced, altered or is illegible; or
- b) deterioration of the Product due to normal wear and tear; or
- c) damage caused by modifying the operating system, such as unlocking,
jailbreaking, rooting or other such software modifications or
- d) use other than in accordance with the user manual, rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of eXe (including but not limited to deficiencies in consumable parts) unless the defect was caused directly by defects in materials or workmanship. This Limited Warranty does not cover physical damage to the surface of the Product including but not limited to cracks or scratches on the LCD screen or camera lens; or
- e) the defects caused by the fact that the battery has been short-circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified; or
- f) the defect was caused by a defective function of the cellular network or other system; or
- g) the Product software needs to be upgraded due to changes in cellular network parameters; or
- h) the defect was caused by the fact that the Product was used with or connected to an accessory not approved or provided by eXe or the original manufacturer, or used in other than its intended use and where it can be shown by eXe that such defect is not the fault of the Product itself.
7.9 Your Product may contain country specify elements, including software, If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this Limited Warranty.
ANY CLAIM UNDER THIS LIMITED WARRANTY IS SUBJECT TO YOU NOTIFYING EXE OF THE ALLEGED DEFECT WITHIN A REASONABLE TIME OF IT HAVING COME TO YOUR ATTENTION AND IN ANY EVENT NO LATER THAN BEFORE THE EXPIRY OF THE WARRANTY PERIOD.
7.10 In the event of Product failure, the Customer should take the following actions:
- a) Refer to the manufacturer’s user manual, which can be found online, in order to identify and possibly correct the problem.
- b) If the problem cannot be resolved by reference to the user manual the Customer should then contact eXe by telephone, email or writing. Please visit www.exe.co.uk for further information.
- c) Before the Customer contacts eXe, please ensure the following information is at hand:
- The model and serial number, IMEI number of the Product.
- The Customer’s full address and contact information.
- A copy of the Customers original invoice, receipt or bill of sale of the purchase of the Product. eXe will provide the Customer with instructions regarding how and when the defective Product should be returned. eXe will pay costs in connection with both the return of the defective product to eXe and the repaired Product back to the Customer if the Defective Product is within the Warranty Period.
7.11 THIS LIMITED WARRANTY STATES THE ENTIRE WARRANTY GIVEN BY EXE TO THE CUSTOMER. IN NO EVENT SHALL EXE BE LIABLE UNDER THIS LIMITED WARRANTY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, OR INDIRECT, INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER TO THE FULLEST EXTENT THAT THOSE LOSSES OR DAMAGES CAN BE DISCLAIMED BY LAW.
IN ANY CASE EXE AND ITS SUPPLIERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE HARDWARE.
eXe does not exclude or limit liability for personal injury or death resulting from its own negligence, for defects in the Product arising out of its or its suppliers ‘negligence.
PB THE LAWS OF CERTAIN COUNTRIES MAY STATE THAT THE SUPPLIER MAY NOT EXCLUDE OR LIMIT ASPECTS OF ITS LIABILITY TO THE CONSUMER. WHERE THAT IS THE CASE, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS LIMITED WARRANTY WILL NOT APPLY.
This warranty gives the Customer specific legal rights; the Customer may also have other rights, which may vary from country to country. This limited warranty does not affect the Customers statutory rights in law specific to the country of purchase, such rights remain protected. This Limited Warranty will be updated by eXe from time to time. Please visit the eXe website to obtain the latest version of the Limited Warranty for the Product. For more information and to contact support, please refer to eXe webpage at: http://www.eXe.co.uk
- Limitation of Liability
8.1. We will not be liable for any loss or damage caused by us in circumstances where:
8.1.1. there is no breach of a legal duty of care owed to you by us; and/or
8.1.2. such loss or damage is not reasonably foreseeable.
8.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
8.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
8.4. Nothing in these Conditions shall:
8.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
8.4.2. Limit your rights as a consumer under applicable UK law.
8.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
8.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
8.7. Each provision of this Clause 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9.1. Events Beyond the Parties' Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
9.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
9.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
9.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
9.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
- Handling Complaints and Sending Notices
10.1. If you wish to make a complaint you may do so in the following way:
10.1.1. by calling 03302 232323;
10.1.2. in writing addressed to: exe Limited, 28-32 Holmethorpe Avenue, Redhill, rh12nl
10.1.3. email, at firstname.lastname@example.org
10.2. If you need to send us a notice in relation to these Conditions you can do so in the following way:
10.2.1. by post to exe Limited, 28-32 Holmethorpe Avenue, Redhill, rh12nl
10.2.2. via email at email@example.com
10.3. Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.