CONDITIONS OF SALE AND SUPPLY
These Conditions apply to Your purchase of GOODS AND/OR SERVICES from 20:20 Mobile (UK) limited. All of the terms that are agreed between YOU AND 20:20 Mobile (UK) limited should be set out in these Conditions and the relevant Order. If you feel that these documents do not accurately reflect Your understanding of what HAS BEEN agreed, You should let 20:20 Mobile (UK) limited know so that any appropriate amendments can be made. It WILL be MORE difficult for You to enforce a term that You think has been agreed if it is not agreed in writing. THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
Meanings
Certain words used in these Conditions have specific meanings. Where they do, they appear in bold text. A list of these words is set out below.
"20:20"
means 20:20 Mobile (UK) Limited (company number 4833552) of Weston Road, Crewe, Cheshire, CW1 6BU.
"Conditions"
means these conditions of sale.
"Contract"
means the agreement between you and 20:20 which is made up of the Order and these Conditions.
"Delivery Address"
means the delivery address detailed in the Order.
"Delivery Date"
means the estimated delivery date detailed in the Order or such other date as 20:20 may specify in accordance with Condition 9.3.
"Goods"
means the goods detailed in the Order.
"Order"
means your order once it has been accepted by 20:20.
"Price"
means the price for the Goods detailed on the Order or, if there is no price on the Order, the price for the Goods calculated according to 20:20's published price list on the date you placed your Order.
"Services"
means the services being provided by 20:20 under these Conditions.
"we" "our" and "us"
refer to you and 20:20 together and "it" refers to either one of us.
"you" and "your"
refer to the person whose details appear in the Order.
Orders, cancellation and variation
Your Order is not binding on 20:20 until it is accepted by 20:20 in writing. Once 20:20 has accepted your Order the Contract will come into force and both 20:20 and you will be bound by it.
If you cancel your Order other than under Condition 2.6,9.2 or10.2, 20:20 will be entitled to recover from you any unavoidable losses that it suffers as a result of your cancellation.
If you wish tochange your Order you must do so in writing to 20:20.
20:20 shall not be obliged to accept any change, but if 20:20 does accept the change, 20:20 will be entitled to recover from you any unavoidable losses that it suffers as a result of the change and to alter the Delivery Date and the Price as a condition of accepting the change.
20:20 may make changes to these Conditions from time to time. No such change will apply to your purchase of the Goods unless 20:20 told you about that change before you placed the Order.
YOU SHOULD NOT ASSUME THAT, IF YOU BUY GOODS FROM 20:20 ON MORE THAN ONE OCCASION, THESE CONDITIONS WILL BE THE SAME FOR EACH PURCHASE AND YOU SHOULD READ THESE CONDITIONS CAREFULLY EACH TIME YOU BUY GOODS FROM 20:20.
If you placed your Order "at a distance" (without face to face contact with 20:20) you are entitled to cancel your Order under the Consumer Protection (Distance Selling) Regulations 2000 and receive a refund of any monies you have paid. You may exercise your right to cancel at any time during the 7 working days after the day on which your Goods are delivered to you by writing to 20:20 at 20:20 Mobile (UK) Limited, Weston Road, Crewe, Cheshire, CW1 6BU. (Working days are all days other than Saturdays, Sundays and public holidays.) Following cancellation of your Order, you must retain possession of the Goods and take reasonable care of them and return them to 20:20 at your own cost within 14 (fourteen) days after the date on which your Goods are delivered to you. The returned Goods must be in the same condition as they were when they were delivered to you with all original components. If you fail to take reasonable care of the Goods and return them to 20:20 you will be in breach of your statutory duty.
Price and payment
The Price will be payable immediately upon the submission of your order and will be remitted by you by using your credit / debit card details.
The Price is exclusive of any applicable VAT (which will be added to the Price and must be paid by you) when paying for the Goods.
Delivery
Provided that you have paid the Price in full, 20:20 will use reasonable endeavours to deliver the Goods to the Delivery Address by the Delivery Date.
20:20 will notify you when it is ready to deliver the Goods.
20:20 will be entitled to recover from you its reasonable costs incurred as a result of your failure to accept delivery, including the costs of storage of the Goods.
Ownership and risk
You will become the owner of the Goods only when 20:20 has received full payment of the Price and the Goods have been delivered to you at the Delivery Address.
The risk of loss of or damage to the Goods will pass to you upon delivery and you should insure the Goods from that time.
Warranties and guarantee
20:20 warrants (or promises) that the Services will be carried out within a reasonable time and with reasonable care and skill. 20:20 further warrants (or promises) that:
it is legally entitled to sell the Goods to you;
the Goods will correspond with the description on the Order; and
the Goods will be of reasonably satisfactory quality and fit for purpose.
In the event that the Goods do not conform with the Order or are faulty on delivery, you may:
reject the Goods and request a refund of the Price in full, provided such rejection is made within 28 (twenty eight) days of purchase and the Goods are returned to 20:20 at 20:20 Mobile (UK) Limited, Weston Road, Crewe, Cheshire, CW1 6BU with all original components; or
request a repair or replacement of the Goods provided such request is made within 28 (twenty eight) days of purchase and the Goods are returned to 20:20 at 20:20 Mobile (UK) Limited, Weston Road, Crewe, Cheshire, CW1 6BU with all original components.
20:20 shall not, however, be liable for any indirect or unpredictable expense arising as a result of such non-conformity or fault, nor will 20:20 be liable to repair the Goods where the cost of repair would be disproportionately higher than the cost of replacement (or vice versa).
Save as set out in Condition 2.6 and 6.3, the Goods are not guaranteed by 20:20 but may be covered by a manufacturer's guarantee (a copy of which will be provided to you by 20:20) and you should contact the relevant manufacturer's customer service department as detailed in the guarantee.
Your responsibilities
In the event that the Goods do not conform to the Order or are faulty in any way you shall act reasonably when seeking redress and not incur any unnecessary costs. In particular you shall:
report faults as soon as reasonably practicable; and
look after the Goods with due care.
Liability
20:20 shall not be liable where you have:
damaged the Goods through your own activity or inactivity;
misused the Goods and caused a fault (e.g. through the use of incompatible accessorises); or
attempted your own repair.
Nothing in the Contract seeks to exclude or limit 20:20's liability for:
death or personal injury caused by negligence; or
a breach of the warranties in Condition 6.1
Except under Condition 8.2 neither of us will be liable to the other for any loss or damage suffered or incurred by the other in relation to the Contract unless it is as a result of negligence or, at the time the Contract was entered into, that loss was a reasonably foreseeable consequence of the breach or default in question.
Events beyond 20:20's control
20:20 will not be liable for any failure to perform its obligations under the Contract to the extent that such failure is due to circumstances beyond its reasonable control. In such circumstances 20:20 may suspend performance of its obligations until such time as it is able to perform.
If any such suspension continues for a period in excess of one month, you may cancel the Order and receive a full refund of all sums paid.
If you choose not to cancel the Order in accordance with Condition 9.2 or if the suspension does not continue for a period in excess of one month then 20:20 shall notify you of a new delivery date and the terms of Condition 4 shall apply to this new delivery date as if it were the original Delivery Date.
Termination
20:20 may terminate the Contract immediately at any time if you:
fail to pay the whole or any part of the Price within 30 (thirty) days of it becoming due;
commit a serious breach of the Contract which you fail to remedy within 10 (ten) days of being required to do so by 20:20; or
become bankrupt or insolvent
in which case 20:20 may retain the whole or any part of the Price, without prejudice and subject to any other right you may have.
You may terminate the Contract immediately at any time in the event that 20:20 commits a serious breach of the Contract which it fails to remedy within 10 (ten) days of being required to do so by you or if it becomes insolvent.
The termination of the Contract will not affect any rights or liabilities that you or 20:20 may have at the date of termination.
Transfer of rights
You may not sub-contract, transfer or assign any rights and/or obligations under the Contract without 20:20’s prior written permission.
20:20 may sub-contract or assign any of its rights and/or obligations under the Contract. Supplier will provide you with written notice of any assignment of its rights and/or obligations.
Notices and communications
If 20:20 needs to write to you or serve a notice on you, it will do so by first class post sent to your address detailed on the Order. If you need to write to 20:20 or serve a notice on 20:20 you should do so by first class post to 20:20's address detailed on the Order. 20:20 will notify you in this way if it changes its address and you must notify 20:20 in this way if you change your address. Any notice or communication sent by either of us in this way will be presumed to have been received by the other 2 (two) days after the day on which the notice or communication was posted.
General
If either of us chooses not to enforce any right that it may have under the Contract it will not be prevented from relying upon that right should it choose to do so at a later date.
If a court or other regulatory body decides that any part of the Contract is not enforceable, the remaining parts of the Contract will still apply to your purchase of and 20:20's sale of the Goods.
The Contract only gives rights to and places obligations upon you and 20:20. No other person or company has any rights under the Contract or may enforce it against either of us.
The Contract is governed by English law and disputes under it will be decided in the courts of England or, if you live in Scotland, Wales or Northern Ireland, the law and courts of the relevant part of the United Kingdom.
Statutory rights
These Conditions are drafted for consumer customers and, if you are a consumer, these Conditions do not affect your statutory rights.
If you are a business customer, the following additional conditionsapply. In the event of conflict between the following conditions and any other part of these Conditions, the following conditionstake priority.
The provisions of Condition 2.6 do not apply to business customers.
If you fail to take delivery of the Goods, risk in the Goods will pass to you uponthe date on which 20:20 tried to make delivery.
Except in relation to death and personal injury caused by negligence and liability for fraud and fraudulent misrepresentation:
20:20 will not be liable for any indirect, special or consequential costs, losses or expenses; and
20:20’s total liability under the Contract will be limited to the Price.
20:20 does not warrant that the Goods will be reasonably satisfactory or fit for purpose. It is your responsibility to ensure that the Goods fulfil your requirements. All implied warranties are hereby excluded by 20:20 to the fullest extent permitted by law.
You acknowledge and agree that the Contract is the entire agreement between you and 20:20 and that, in entering into the Contract, you did not rely upon any matter that is not set out in the Contract.
The Contract is governed by English law and the English courts will have exclusive jurisdiction in relation to any dispute arising under it.