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Unit D17 J31 Park, Motherwell Way, West Thurrock, Essex, RM20 3XD

Terms & Conditions

This page tells you information about us and the legal terms and conditions (Terms) on which we provide services to you.

These Terms will apply to any contract between us for the provision of physical products or services by us to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any services from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any services from us.
You should retain a copy of these Terms, if necessary, by printing them (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to place an order for services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in June 2017.

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

1.  DEFINITIONS

When the following words with capital letters are used in these Terms, this is what they will mean:

a) Event Outside Our Control: means any act or event beyond Fix Your Tec Ltd’s reasonable control;

b) Fix Your Tec Ltd/FYT/We/Our/Us: Fix Your Tec Ltd, a company registered in England Wales with number 10731269, whose registered office is at Unit D17 J31 Park, Motherwell Way, West Thurrock, Essex, RM20 3XD, United Kingdom;

c) Our site:fixyourtec.com or www.fixyourtec.co.uk ;

d) Repair Services: any services that Fix Your Tec Ltd is providing to you from time to time;

e) Terms: the terms and conditions set out in this document; and

f) When Fix Your Tec Ltd uses the words “writing” or “written” in these Terms, this will include e-mail unless Fix Your Tec Ltd says otherwise.

2.  INFORMATION ABOUT FIX YOUR TEC LTD AND HOW TO CONTACT FIX YOUR TEC LTD

a) We are a company registered in England and Wales. Our company registration number is 10731269 and our registered office is at Unit D17 J31 Park, Motherwell Way, West Thurrock, Essex,     RM20 3XD, United Kingdom.

b) If you have any questions or if you have any complaints, please contact Fix Your Tec Ltd. You can contact Fix Your Tec Ltd by telephoning Fix Your Tec Ltd’s customer service team at 0333 8008 999 or by e-mailing Fix Your Tec Ltd at support@fixyourtec.com

c) If you wish to contact Fix Your Tec Ltd in writing, or if any clause in these Terms requires you to give Fix Your Tec Ltd notice in writing (for example, to cancel the contract for services which Fix Your Tec Ltd has started to provide), you can send this to Fix Your Tec Ltd by e-mail, by hand, or by pre-paid post to Fix Your Tec Ltd.com Global Limited at Unit D17 J31 Park, Motherwell Way, West Thurrock, Essex, RM20 3XD, or by e-mail at support@fixyourtec.com Fix Your Tec Ltd will confirm receipt of this by contacting you in writing. If Fix Your Tec Ltd has to contact you or give you notice in writing, Fix Your Tec Ltd will do so by e-mail, by hand, or by pre-paid post to the address you provide to Fix Your Tec Ltd in the Order.

3.  USE OF OUR SITE

a) Your use of our site is governed by our website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4  HOW WE MAY USE YOUR PERSONAL INFORMATION

4.1 – Fix Your Tec Ltd will use the personal information you provide to Fix Your Tec Ltd to:

a) provide the Repair Services;

b) process your payment where you are required to pay Fix Your Tec Ltd; and

c) inform you about similar products or services that Fix Your Tec Ltd provides, but you may stop receiving these at any time by contacting Fix Your Tec Ltd.

 

4.2 – Fix Your Tec Ltd will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.  SHIPPING & DELIVERY
  • The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
  • Orders placed before 1:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
  • If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
  • 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:
    • store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
    • 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.
  • 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, less any expenses incurred for failed delivery.
  • 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.
  • Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
  • Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
6.  PRIVACY & SECURITY
  • Please see the separate page relating to our Privacy & Security Policy
7.  RETURNS & REPLACEMENTS
  • All goods supplied by the Supplier are warranted free from defects for 3 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
  • This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
  • If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address shown below or via the contact us page on this website within 24 hours (1 working day).
  • If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address shown below or via the contact us page on this website, as soon as possible, but in any event within 24 hours (1 working day) of the date you discovered or ought to have discovered the damage, defect or complaint.
  • We offer a 30 day money back guarantee, after this period up to 3 months from date of purchase we offer a repair or replacement service, if we are not able to satisfy you via these methods, in which case we may offer and alternative product or a refund.
  • Conditions for 30 day money back guarantee:- This guarantee is an extension of the Distance Selling Regulations and will be honoured providing the item is received in the same condition as it was sold.  It is intended to allow customers time to receive and fully inspect their purchased item and be satisfied that it matches the description given in the listing.  The 30 day money back guarantee covers change of mind or ‘not as described’ issues only, faulty goods will be covered under the 3 month warranty where they will be repaired, replaced or refunded depending on the fault and stock availability.
  • Please use the contact us form or contact us on 08454597584 or by e-mail on returns@gadgetxchange.co.uk for details of how to return your item
8.  ORDERING
  • The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
  • The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that have been paid by you or debited from your credit card for the goods.
  • Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order.
  • If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
  • In addition to the price, you may be required to pay a delivery charge for the goods.
  • 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).  Acceptance of your order will be communicated to you by way of email at the point of dispatch of the products.  Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time the Supplier sends the e-mail to you (whether or not you receive that e-mail).
  • 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 the Supplier have shipped your order.
  • The contract is subject to your right of cancellation (see below).
  • The Supplier may change these terms of sale without notice to you in relation to future sales.
9.  PAYMENT, PRICES & PROMOTIONS
  • 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 of the essence.
  • There will be no delivery until cleared funds are received.
  • Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
10.  VIEWING ORDERS
  • Orders can be viewed at any time in your account control panel, you will also be e-mailed your order confirmation once it has been paid for and payment has been approved.  You can request an invoice by e-mail to sales@gadgetxchange.co.uk but for retail sales we do not usually provide a VAT invoice as we are not at present a VAT registered company.
11.  UPDATING ACCOUNT INFORMATION
  • Your account information can be updated in the account control panel, please log in with your e-mail address used at the time of registration and your password.
  • We do not know what your password is for security reasons and data protection, if you forget your password you can send a reminder or reset link to your registered e-mail address from within your account control panel.
  • We will not sell your account information to third parties and it will only be used to fulfil your orders and provide you with special offers and/or promotional information.
12.  REPAIR SERVICES – TERMS & CONDITIONS
    1. These are the terms and conditions on which Fix Your Tec Ltd supply Repair Services to you.
    2. If you are a consumer, you may only purchase Repair Services from Fix Your Tec Ltd if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase Repair Services from Fix Your Tec Ltd.
    3. Where you wish to place an order for Repair Services through our site:-
      1. our site will guide you through the steps you need to take to place an order for Repair Services. Fix Your Tec Ltd’s order process allows you to check and amend any errors before submitting your order to Fix Your Tec Ltd. Please take the time to read and check your order before you submit it to Fix Your Tec Ltd;
      2. after you place an order, your order will be deemed to have been accepted when Fix Your Tec Ltd issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and Fix Your Tec Ltd.
    4. If you wish to place an order with Fix Your Tec Ltd by telephone, email or in person, you agree that your order constitutes an offer by you to purchase the Repair Services in accordance with these Terms. Fix Your Tec Ltd’s acceptance of your order will take place when Fix Your Tec Ltd issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and Fix Your Tec Ltd.
    5. Any quotation given by Fix Your Tec Ltd shall not constitute an offer by Fix Your Tec Ltd to provide Repair Services.
    6. If you are not a consumer, you agree that these Terms apply to the contract between you and Fix Your Tec Ltd to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

13.  CHANGES TO ORDER OR TERMS

  1. Fix Your Tec Ltd amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
  2. Every time you order Repair Services from Fix Your Tec Ltd, the Terms in force at the time of your order will apply to the contract between you and Fix Your Tec Ltd. Every time you order Call-Out Repair Services, the Terms in force at the time of your order will apply to the contract between you and the iTech.
  3. Fix Your Tec Ltd may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
  4. You may make a change to the order for Repair Services at any time before the start date for the Repair Services by contacting Fix Your Tec Ltd. Where this means a change in the total price of the Repair Services, Fix Your Tec Ltd will notify you of the amended price in writing. You can choose to cancel the order in accordance with clause 17.1 in these circumstances.

14.  REPAIR CONDITIONS

  1. By placing an order, you:
    1. authorise and consent to Fix Your Tec Ltd to perform the Repair Services on your device(s);
    2. acknowledge that whilst Fix Your Tec Ltd’s technicians are trained repair specialists, Fix Your Tec Ltd is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
    3. agree to release, indemnify, and hold Fix Your Tec Ltd and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by Fix Your Tec Ltd’s negligence;
    4. agree that where the Repair Services relate (in any way) to liquid damage on your device(s), the warranty in clause 13 does not apply to any liquid damaged device(s);
    5. agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and Fix Your Tec Ltd accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and Fix Your Tec Ltd therefore highly recommends that you back up your device(s) prior to allowing Fix Your Tec Ltd to work on your device(s);
    6. agree that you are responsible for removing any SIM and/or memory cards on your device(s) and Fix Your Tec Ltd shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
    7. acknowledge that any Repair Services rendered by Fix Your Tec Ltd may void manufacturer warranties for your device(s), and that Fix Your Tec Ltd does not assume any liability or warranty if the manufacturer warranties are voided. If you do not wish to void your warranty, you should not place on order with Fix Your Tec Ltd and take your device(s) to the relevant manufacturer;
    8. agree that it is your responsibility to inform Fix Your Tec Ltd accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). Fix Your Tec Ltd will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which Fix Your Tec Ltd will advise you of before proceeding;
    9. where the Repair Services involve the repair of water proof devices, Fix Your Tec Ltd cannot guarantee the device(s) will remain water proof following completion of the Repair Services.

15.  TIMING, POSTING YOUR DEVICE(S) AND RETURN OF YOUR DEVICE(S)

Timing

    1. Whilst Fix Your Tec Ltd aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with Fix Your Tec Ltd. In any event, all times for performance of the Repair Services are approximate only, and Fix Your Tec Ltd will not be liable for any compensation as a result of late delivery of the Repair Services.

Delivery to you of your device(s)

    1. Any device(s) shipped to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, unrepaired or with further faults you must inform Fix Your Tec Ltd in writing within 3 days of receipt. If you do not inform Fix Your Tec Ltd within 3 days or receipt, Fix Your Tec Ltd shall have no liability if your device(s) is/are damaged/faulty on arrival. This does not affect your statutory rights, or any other rights under these Terms.
      1. all devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.

Sending your device(s) to Fix Your Tec Ltd

    1. The following provisions apply in relation to sending your device(s) to Fix Your Tec Ltd:
      1. please remove all sim and memory cards from your device(s) before sending your device(s) to Fix Your Tec Ltd for repair; and
      2. the careful shipping of your device(s) to Fix Your Tec Ltd is your responsibility. If the device(s) arrive with Fix Your Tec Ltd with further damage, or is/are lost in transit, you, as the shipper shall bear full responsibility for that risk of loss. When sending your device(s) if you choose to include separate parts you are sending these at your own risk and Fix Your Tec Ltd will not be held responsible if these parts go missing before your package is delivered to Fix Your Tec Ltd. Please ensure the parts are well sealed and wrapped so nothing goes missing.

16.  LIQUID DAMAGE REPAIRS

  1. Where any part of the Repair Services include liquid damage repairs it is agreed that:
    1. whilst Fix Your Tec Ltd will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, Fix Your Tec Ltd shall have no liability for failing to repaid any liquid damaged device;
    2. the warranty in clause 13 shall not apply to any liquid damaged device; and
    3. Fix Your Tec Ltd’s no fix-no fee policy (set out in clause 12.1 below) shall not apply.

17.  DIAGNOSTIC SERVICES

  1. Where any part of the Repair Services include Fix Your Tec Ltd’s diagnostic services it is agreed that:
    1. the charges for the diagnostic services are payable regardless of the outcome and accordingly, Fix Your Tec Ltd’s no fix-no fee policy (set out in clause 12 below) shall not apply;
    2. where Fix Your Tec Ltd diagnoses the fault with your device(s), Fix Your Tec Ltd will advice you of the cost to repair your device(s). If you wish to proceed with the repair of such device(s), a new contract will come into existence between you and Fix Your Tec Ltd on the basis of these Terms provided that Fix Your Tec Ltd agrees to deduct the diagnostic fee paid by you from the cost of the Repair Services; and
    3. where Fix Your Tec Ltd considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to Fix Your Tec Ltd for carrying out the diagnostic services.

18.  NO FIX-NO FEE, AND PRICE AND PAYMENT

No Fix-No Fee

    1. Subject to clause 12.2, Fix Your Tec Ltd operates a “no fix-no fee” policy towards the repair of your device(s) which means that if Fix Your Tec Ltd does not repair a device, then you do not pay a charge in relation to the device that has not been repaired. Fix Your Tec Ltd will have no liability to you if it unable to repair your device(s), as Fix Your Tec Ltd cannot guarantee that your device(s) are capable of repair.
    2. Fix Your Tec Ltd’s “no fix-no fee” policy does not apply:
      1. where the Repair Services include Fix Your Tec Ltd’s diagnostic services; or
      2. where the Repair Services include liquid damage repairs; or
      3. to any element of the Repair Services which have been completed. For example, if your device requires a screen replacement (completed successfully) and fixing the power button (not completed), the “no fix-no fee” policy would apply to the costs of repairing the power button, but you would still be required to pay for the screen repaired.
    3. Where Fix Your Tec Ltd’s “no fix-no fee” policy applies, Fix Your Tec Ltd shall refund any sum previously paid by you to Fix Your Tec Ltd (less, the postage costs of returning the device(s) to you).

Price and Payment

    1. The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by Fix Your Tec Ltd based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.
    2. On receipt of your device(s), Fix Your Tec Ltd will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to Fix Your Tec Ltd about the defect/fault in your device(s) is incorrect; and/or if Fix Your Tec Ltd identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but Fix Your Tec Ltd discovers that the actual repair required is a different repair (for example a new screen); and/or Fix Your Tec Ltd made a mistake in its pricing), Fix Your Tec Ltd will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, Fix Your Tec Ltd shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to Fix Your Tec Ltd relating to the Repair Services (less the postage costs of returning the device(s) to you).
    3. Where you do not have a credit account with Fix Your Tec Ltd with sufficient credit, Fix Your Tec Ltd will ask you to make an advance payment of 100% of the price of the relevant services. Your rights to a refund or cancellation are set out in clause 17 and you must pay each invoice in cleared funds using any method specified on our site.
    4. Where you have a credit account with Fix Your Tec Ltd with sufficient credit available, you must pay each invoice rendered by Fix Your Tec Ltd within 7 days of the date of the invoice in cleared funds without any reduction, deduction or set-off.
    5. If you are a consumer, all of Fix Your Tec Ltd’s prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.
    6. If you do not make any payment due to Fix Your Tec Ltd by the due date for payment, Fix Your Tec Ltd may:
      1. charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Fix Your Tec Ltd interest together with any overdue amount; and/or
      2. retain your device(s) and charge an additional fee (being the charges set out on our site) for storage of your device(s) until all payments due have been paid in full.

19.  WARRANTY AND IF THERE IS A PROBLEM WITH THE SERVICES

  1. Except as provided by this Clause 20, Fix Your Tec Ltd’s Repair Services are backed by a 12 month parts and labour warranty. This warranty does not apply to diagnostic services or liquid damage repairs.

Scope of Warranty

    1. Please note that that the warranty in clause 20.1 is limited to:
      1. screen/LCD and any other repaired or replaced parts that malfunction, or do not work as intended or designed; and/or
      2. the parts and/or services that were paid for by you to Fix Your Tec Ltd. If only parts were purchased, this warranty is limited to the replacement of the parts in accordance with clause 21. If parts and repair services were purchased from Fix Your Tec Ltd, the warranty extends to cover the labour cost of part replacement and any other repairs specifically resulting from the initial repair, except in the situations outlined below.
      3. 12 months from the date of the original repair. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done 3 months after the original repair the warranty would still end 12 months after the date of the original repair.

What the warranty does not protect against

    1. The warranty in clause 20.1 does not protect against any of the following relating any relevant device which is the subject of the Repair Services:
      1. any mishandling that causes subsequent damage to the relevant device(s);
      2. water or other liquid damage;
      3. damage or faults resulting from attempted customer or third party repairs at any time;
      4. software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;
      5. any jail broken or “rooted” device;
      6. water proof devices, as Fix Your Tec Ltd cannot guarantee the device(s) will remain water proof following the Repair Services;
      7. new damages unrelated to the original Repair Services; and/or
      8. any loss of data occurring as a result of the repair – customers are advised to back up all data on the device(s) to be repaired prior to the repair. Fix Your Tec Ltd does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and Fix Your Tec Ltd is not required to advise or remind customers of appropriate backup and other procedures.
    2. The warranty in clause 20.1 does not cover the outcome of the Repair Services if certain pre-repair conditions exist in relation to the relevant device the subject of the Repair Services, including:
      1. existence of known manufacturing and/or performance issues related to the device(s) which is separate from the Repair Services, as noted prior to the Repair Services;
      2. water or other liquid damage;
      3. any jail broken or “rooted” device(s);
      4. pre-existing damage or faults resulting from attempted customer or third party repairs at any time;

Non-Transferable warranty

    1. The warranty in clause 20.1 is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices is sold or given to another person.

Damage caused by Fix Your Tec Ltd

    1. If any relevant device is irreparably damaged as a direct result of a repair attempted by Fix Your Tec Ltd and payment has been rendered by you, you are entitled to a fully functional refurbished device of equal or greater value of the damaged device based on its model and condition as received and with the original repair issue resolved, or the monetary equivalent of fair market value of the device in that condition as determined by Fix Your Tec Ltd. If payment was not rendered for the Repair Services, the repair price shall be deducted from the value of the relevant device, or a refurbished device of the same damaged condition as received shall be offered. In order to receive a replacement device, the relevant damaged device must be rendered to Fix Your Tec Ltd.
    2. In the unlikely event that there is any defect with the Repair Services which is covered by the warranty in clause 20.1:
      1. please contact Fix Your Tec Ltd and tell Fix Your Tec Ltd as soon as reasonably possible after becoming aware of any defect;
      2. please give Fix Your Tec Ltd a reasonable opportunity to repair or fix any defect; and
      3. Fix Your Tec Ltd will use every effort to repair or fix the defect within 5 working days.

You will not have to pay for Fix Your Tec Ltd to repair or fix a defect with the Repair Services under this clause 20.7.

    1. If you are a consumer, you have legal rights in relation to Repair Services not carried out with reasonable skill and care, or if the materials Fix Your Tec Ltd uses 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.

20.  PARTS WARRANTY

  1. As part of the Repair Services provided to you, Fix Your Tec Ltd may provide you with replacement parts (“Parts“) and accessories (“Accessories“) supplied by third parties.
  2. Fix Your Tec Ltd warrants to you that from the date the Parts or Accessories are provided to you and for a period of 12 months thereafter (“Warranty Period“), each Part and Accessory provided to you as part of the Repair Services will be materially free of manufacturing defects. Fix Your Tec Ltd’s sole obligation, and your sole remedy, under this warranty is limited to, at Fix Your Tec Ltd’s sole discretion, either repair or replacement of the defective Part or Accessory. This warranty is non-transferable.
  3. Fix Your Tec Ltd obligations under the warranty in clause 21.1 is conditional on your prompt notification to Fix Your Tec Ltd of any warranty claim and complying any warranty procedures provided to you.
  4. The warranty under clause 21.1 specifically excludes:
    1. any Part or Accessory that was altered, repaired, or modified by a party other than Fix Your Tec Ltd or without Fix Your Tec Ltd’s prior written consent;
    2. any defects, damage or errors that (1) occurred after shipping by Fix Your Tec Ltd, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality;
    3. warranty claims by any individual other than you, or warranty claims after the Warranty Period; and
    4. any warranty claim for which Fix Your Tec Ltd determines that there is no defect in the returned Part or Accessory.

21.  FIX YOUR TEC LTD’S LIABILITY TO YOU

  1. If Fix Your Tec Ltd fails to comply with these Terms, Fix Your Tec Ltd is responsible for loss or damage you suffer that is a foreseeable result of Fix Your Tec Ltd’s breach of the Terms or Fix Your Tec Ltd’s negligence.
  2. To the extent permitted by law, Fix Your Tec Ltd shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
  3. You agree that if any device is lost or damaged further than the condition it was released to Fix Your Tec Ltd in, Fix Your Tec Ltd’s liability to you will be limited to the cost of repair or replacement of the relevant device in its condition at the time of transfer to Fix Your Tec Ltd based on current fair market value. Fix Your Tec Ltd’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable replacement device.
  4. To the extent permitted by law, Fix Your Tec Ltd’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
  5. Nothing in this clause 15 shall apply so as to limit or exclude Fix Your Tec Ltd’s liability for: (a) death or personal injury resulting from Fix Your Tec Ltd’s negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
  6. Fix Your Tec Ltd shall not be liable for any non-warranty related claim arising under this contract unless you give Fix Your Tec Ltd written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.

22.  EVENTS OUTSIDE OUR CONTROL

  1. Fix Your Tec Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of Fix Your Tec Ltd’s obligations under these Terms that is caused by an Event Outside Our Control.
  2. If an Event Outside Our Control takes place that affects the performance of Fix Your Tec Ltd’s obligations under these Terms:
    1. Fix Your Tec Ltd will contact you as soon as reasonably possible to notify you; and
    2. Fix Your Tec Ltd obligations under these Terms will be suspended and the time for performance of Fix Your Tec Ltd’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Fix Your Tec Ltd’s performance of Repair Services to you, Fix Your Tec Ltd will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.

23.  YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

  1. Before Fix Your Tec Ltd begins to provide the Repair Services, you have the following rights to cancel an Order for Repair Services, including where you choose to cancel because Fix Your Tec Ltd is affected by an Event Outside Our Control or if Fix Your Tec Ltd changes these Terms under clause 7 to your material disadvantage:
    1. you may cancel you Order at any time before Fix Your Tec Ltd has started the Repair Services by contacting Fix Your Tec Ltd. Fix Your Tec Ltd will confirm your cancellation in writing to you; and
    2. you cannot cancel your Order once Fix Your Tec Ltd has started the Repair Services;
    3. if you cancel an Order under clause 17.1 (a) (i) and you have made any payment in advance for Repair Services that have not been provided to you, Fix Your Tec Ltd will refund these amounts less the postage cost incurred by Fix Your Tec Ltd to return the device(s) to you.
  2. Where you have cancelled an Order because of Fix Your Tec Ltd’s failure to comply with these Terms (except where Fix Your Tec Ltd has been affected by an Event Outside Fix Your Tec Ltd Control in which case clause 17.1 shall apply), you do not have to make any payment to Fix Your Tec Ltd.

24.  OTHER IMPORTANT TERMS

  1. Fix Your Tec Ltd may transfer Fix Your Tec Ltd’s rights and obligations under these Terms to another organisation, and Fix Your Tec Ltd will always notify you in writing if this happens (except where Fix Your Tec Ltd uses a sub-contractor to perform the Repair Services), but this will not affect your rights or Fix Your Tec Ltd’s obligations under these Terms.
  2. You may only transfer your rights or your obligations under these Terms to another person if Fix Your Tec Ltd agrees in writing.
  3. This contract is between you and Fix Your Tec Ltd. No other person shall have any rights to enforce any of its terms.
  4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. If Fix Your Tec Ltd fails to insist that you perform any of your obligations under these Terms, or if Fix Your Tec Ltd does not enforce Fix Your Tec Ltd’s rights against you, or if Fix Your Tec Ltd delays in doing so, that will not mean that Fix Your Tec Ltd has waived Fix Your Tec Ltd’s rights against you and will not mean that you do not have to comply with those obligations. If Fix Your Tec Ltd does waive a default by you, Fix Your Tec Ltd will only do so in writing, and that will not mean that Fix Your Tec Ltd will automatically waive any later default by you.
  6. If you are not a consumer:
    1. these Terms and any document expressly referred to in them constitutes the entire agreement between you and Fix Your Tec Ltd and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
    2. you acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
    3. you and Fix Your Tec Ltd agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
  7. These Terms are governed by English law. You and Fix Your Tec Ltd both agree to submit to the non-exclusive jurisdiction of the English courts. 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.
  8. Fix Your Tec Ltd Gift Cards are non-refundable and valid for 12 months from date of purchase and are redeemable for Mail-in repairs only not Call-out Repairs.
  9. Any devices that are not collected from us after 3 months will be disposed of