The Hands Free Company TERMS OF SALE
This document sets out the basis upon which WE provide goods to YOU when purchased via OUR website, over the telephone, via mail order, or by pre-arranged purchase order. It constitutes the entirety of OUR contract with YOU.
Please note that some of this contract only applies when YOU are a BUSINESS, trade or corporate CUSTOMER and some of this contract only applies when YOU are a CONSUMER CUSTOMER.
- 1.0.0 In this contract:
- 1.0.1 "GOODS" means any items that by virtue of this contract WE will supply to YOU, including licenses to exercise intellectual property rights and licenses to use software; but does not mean any service WE will supply to YOU and does not mean any facility for delivery of items to YOU or the insurance of such delivery.
- 1.0.2 "BUSINESS CUSTOMER" means any person, persons or body corporate with whom WE contract under this contract who, when making a contract with US, does not intend to use the GOODS for personal and family use only OR any legal non-natural person irrespective of their intended use of the GOODS.
- 1.0.3 "CONSUMER CUSTOMER" means any person with whom WE contract under this contract who does not fall into the category of BUSINESSCUSTOMER as defined herein.
- 1.0.4 "WE" and "US" means The Hands Free Company Limited, of Lumsdale Road, Cobra Court, Trafford Park, Manchester, M32 0UT; references to "OUR" shall be construed accordingly.
- 1.0.5 "YOU" means any person with whom WE contract under this contract; references to "YOU" shall be construed accordingly.
- 1.0.6 "SPECIFICATION" means the ability of GOODS to operate with other equipment, including the ability of the GOODS to operate with a particular operating system, operate at a particular speed, comply with a particular published standard and / or interact with particular peripherals.
- 1.0.7 "GOODS OF AN EQUIVALENT SPECIFICATION" means GOODS that, in relation to other GOODS, have the capability to perform with reasonable equivalence with reference to the definition of SPECIFICATION above.
- 1.0.8 "VAT" means the prevailing rate of Value Added Tax at the time that YOU become liable to make payment to US.
- 1.0.9 "COOLING OFF PERIOD" means a period of seven clear working days, as defined by Regulation 3(1) of the DISTANCE SELLING REGULATIONS starting the day after the GOODS are received by YOU.
- 1.1.0 "DISTANCE SELLING REGULATIONS" means the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) as amended, superseded or updated at the date of this contract.
- 1.1.1 "THEFTACTS" means the Theft Act 1968, the Theft Act 1978 and The Criminal Attempts Act 1981, and references thereto are deemed also to refer to the common law offence of "Conspiracy to Defraud", all as amended, superseded or updated at the date of this contract.
- 2.0.0 Sale and Delivery.
- 2.0.1 WE agree to sell and YOU agree to buy the GOODS that YOU have ordered at the price WE agreed to sell the GOODS to YOU when YOU ordered. YOU also agree to pay US the VAT in respect of those GOODS. If YOU are a CONSUMERCUSTOMER, the price WE agreed to sell the GOODS to YOU will include VAT.
- 2.0.2 The sale of the GOODS is subject to the terms of this contract, in particular the rights conferred by this contract of each party to cancel the contract and the sale.
- 2.0.3 WE may make an additional charge, paid as a percentage of the price of the order if YOU pay by an electronic method of payment, and WE have advertised, prior to YOUR order that WE will make such additional charge. In particular, WE may apply a surcharge to credit card transactions or cheque transactions.
- 2.0.4 WE agree to, if YOU require US to, arrange for the GOODS to be delivered to a location of YOUR choice SAVETHAT, if WE have only received a conditional payment from YOU for the GOODS, an intention to pay in the future, or have not for whatever reason had cleared funds before delivery, WE may restrict delivery to locations that will enable US to receive unconditional cleared payment.
- 2.0.5 If YOU require US to arrange delivery of the GOODS, YOU take any risk arising from such delivery SAVE THAT WE take any risks occurring through delivery that may be caused by the deliberate act or negligence of ourselves or any of OUR employees.
- 2.0.6 If YOU require US to arrange delivery of the GOODS, WE will provide YOU with details of the cost of such delivery. YOU agree to pay US the costs of any delivery.
- 3.0.0 The Rights of the Parties.
- 3.0.1 If YOU are a CONSUMER CUSTOMER, then this contract is in addition to YOUR statutory rights.
- 3.0.2 If YOU are a BUSINESS CUSTOMER, then this contract represents the totality of OUR respective contractual obligations to each other.
- 3.0.3 If it appears to US that,
then WE have the right to withhold delivery, or, of stoppage in transit, or, of supplier's lien, dependant upon the circumstances, on the GOODS, if YOU are not in possession of them.
- 184.108.40.206 YOU are or will become insolvent, or,
- 220.127.116.11 that YOUR dealings with us are contrary to the THEFT ACTS,
- 3.0.4 If WE do not receive payment from YOU, and YOU do not have a credit facility with US, or YOUR credit facility is not available (e.g. it has been exhausted), WE have the right to withhold delivery, or, of stoppage in transit, or, of supplier's lien, dependant upon the circumstances, on the GOODS.
- 3.0.5 YOU do not have the right of set off against any other sums WE may owe YOU under any circumstances; in particular if YOU are in dispute with US regarding one matter YOU may not withhold payment for GOODS provided that are unconnected with that matter.
- 3.0.6 English Law applies to this contract.
- 3.0.7 The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all the goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
- 4.0.0 OUR Rights to Substitute or Cancel.
- 4.0.1 WE will use all reasonable endeavours to deliver to YOUthe GOODS ordered under this contract.
- 4.0.2 WE will aim to deliver the GOODS YOU have ordered as soon as is reasonably possible, however, WE DO NOT guarantee that WE will deliver the GOODS within any specific time, or at all.
- 4.0.3 WE will notify YOU within 30 days of payment whether or not WE will be able to deliver the GOODS YOU have ordered to YOU.
- 4.0.4 If YOU are a CONSUMER CUSTOMER, WE may, if it is not reasonably practicable to deliver the GOODS YOU have ordered to YOU, substitute other GOODS than those YOU have ordered, but only if the substituted GOODS are GOODS OF AN EQUIVALENT SPECIFICATION.
- 4.0.5 If WE substitute GOODS for the GOODS YOU have ordered, there will be no difference in price.
- 4.0.6 If WE notify YOU that WE will not deliver any GOODS under this contract, WE will also re-imburse YOU any and all monies paid pursuant to this contract in respect of the GOODS that WE will not deliver.
- 4.0.7 If WE notify YOU that WE will not deliver some GOODS under this contract, but will deliver other GOODS, WE will also re-imburse YOU monies paid under this contract for the GOODS that WE will not deliver, but WE may set-off any other amounts YOU owe US against any monies WE may repay YOU.
- 5.0.0 Cancellation Within the COOLING OFF PERIOD.
- 5.0.1 If YOU are a CONSUMER CUSTOMER, YOU have a right to cancel this contract as long as YOU do so within the COOLING OFF PERIOD.
- 5.0.2 If YOU are a BUSINESS/SHOP CUSTOMER, YOU have no rightto cancel this contract.
- 5.0.3 If this contract, or part of this contract concerns GOODS consisting of,
then YOU have no right to cancel this contract in as much as it applies to those GOODS. However, YOU may cancel this contract in as much as it applies to any other GOODS.
- 18.104.22.168 Computer Software, or,
- 22.214.171.124 GOODS that have been personalised for YOU, and / or,
- 126.96.36.199 equipment that WE have put together to YOUR SPECIFICATION,
- 5.0.4 If YOU wish to exercise any right to cancel this contract, YOU must notify US of the same within the COOLING OFF PERIOD, either by writing to US at OUR address, or by emailing US to OUR main email address.
- 5.0.5 Upon receipt of a valid notice cancelling this contract, WE will send to YOU within 21 days a notice confirming cancellation of the contract.
- 5.0.6 If the GOODS delivered are the GOODS YOU ordered and YOU exercise any right to cancel, upon receipt of our notice confirming cancellation, YOU must organise delivery of the GOODS back to US, as soon as is reasonably possible, and in any event within 30 days. YOU are advised to insure yourself against the risks of GOODS being damaged in transit.
- 5.0.7 If the GOODS delivered are the GOODS YOU ordered and YOU exercise any right to cancel this contract, then YOU will be liable to US for any costs incurred by US in delivering the GOODS back to US, including but not limited to the costs of any insurance.
- 5.0.8 If the GOODS delivered are GOODS WE have substituted for the GOODS YOU ordered, and YOU exercise any right to cancel, WE will organise delivery of the GOODS back to US, at OUR cost.
- 5.0.9 If YOU exercise any right to cancel this contract, and
then YOU will be liable to US for an amount to cover the losses flowing from the above; and further, or in the alternative, the breach of YOUR statutory duty under regulation 17 of the DISTANCE SELLING REGULATIONS (duty to retain possession of GOODS, take reasonable care of them and restore them to the supplier).
- 188.8.131.52 The GOODS are in any way damaged otherwise than by US or our agents, including but not limited to damage incurred during transit of the GOODS back to US or,
- 184.108.40.206 The GOODS have not been retained by YOU with reasonable care, whether or not YOU are at fault, or,
- 220.127.116.11 YOU have not retained possession of the GOODS, whether or not YOU are at fault, or,
- 18.104.22.168 YOU have failed to restore the GOODS to US, within 30days of receipt by YOU of our notice confirming YOUR cancellation,
- 5.1.0 If YOU exercise any right to cancel, upon receipt of the GOODS, WE will reimburse YOU all monies paid to US by YOU in respect of those GOODS, less an amount to cover any liabilities YOU have to US under paragraphs 4(7) and 4(9) of this contract.
- 5.1.1 If YOU are not totally satisfied with YOUR purchase or YOU have simply changed YOUR mind about YOUR purchase then in line with the DISTANCE SELLING REGULATIONS, YOU can return YOUR item provided YOU inform US of this decision via letter or e-mail to customer services within 7 working days of receipt. Once YOU have informed US of your decision to return goods under the DISTANCE SELLING REGULATIONS, YOU have 7 working days to return the item(s) at YOUR own expense. YOU will be responsible for the safe return of the GOODS. The GOODS must not be opened nor used and must be 'as new' when returned to US. All items must be complete with original packaging, manuals, disks, cables etc as originally supplied. Manufacturer packaging must not be defaced in any manner. Once GOODS are received at The Hands Free Company Ltd, WE will issue a full refund for the cost of the GOODS to YOUR original payment method. Please note BUSINESS/SHOP CUSTOMERS are exempt from returning items within 7 working days under the DISTANCE SELLING REGULATIONS.
- The right to cancel under DSR does not apply to the following,
- Personalised goods or goods made to a consumer's specification.
- Computer software.
- Notebooks/Laptops with installed software.
- Any item(s) with software or warranty that has beenregistered by the CONSUMER.
- 5.1.2 Please note that item(s) sent back to US without a valid RMA number will be rejected. YOU will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
- 6.0.0 After Sales Service.
- 6.0.1 All of the GOODS are sold with a free one-year return to base warranty (UK Mainland Only), except GOODS that WE clearly describe as "sale" or "clearance" items, which will have a reduced price and a reduced warranty period of 30 days.
- 6.0.2 GOODS that WE sell may have other warranties or insurance provided by a third party, which often last for longer periods than, and can be of greater benefit than, OUR own warranty (e.g. On Site Maintenance).
- 6.0.3 Under the terms of OUR warranty, if any of the GOODS are defective within the warranty period, WE will, subject to the other terms of this contract,
- 22.214.171.124 repair the defective GOODS, or,
- 126.96.36.199 replace the defective GOODS with other equivalent GOODS,
- 6.0.4 If YOU wish to make use of YOUR rights under this warranty, YOU must return the defective item to OUR premises, at YOUR own cost. YOU must include a valid RMA number obtained from US, a valid invoice number, and a description of the fault. WE will then, within 30 working days, repair, replace or issue a refund in respect of the defective item, solely at OUR discretion. When YOU receive this warranty replacement item, the remaining warranty period on the item is valid only from the original date of purchase, warranties are not refreshed nor renewed on items that are issued to YOU as replacements. WE may issue warranty replacement item(s) that are equivalent to, or better than the original item(s). Please note replacements may be repaired or refurbished unit(s). If repair or replacement is not possible, then The Hands Free Company may offer a refund/credit. The amount offered may be REDUCED to take into account benefit gained from the usage of the item(s), depreciation of the item(s) and the length of warranty remaining on it.
- 6.0.5 If YOU do not return the GOODS in complete condition, including all packaging and manuals, WE will not issue a refund in respect of the GOODS.
- 6.0.6 If YOU return non-defective GOODS to us, under this warranty, WE may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the GOODS to you.
- 6.0.7 If YOU return GOODS to us, under this warranty, and those GOODS are defective as a result of,
- 188.8.131.52 YOUR negligence, or,
- 184.108.40.206 the negligence of YOUR agents or employees, or,
- 220.127.116.11 occurrences that YOU were insured in respect of, or,
- 18.104.22.168 occurrences that YOU could reasonably expected to have been insured in respect of,
- 22.214.171.124 Click here for TFT policy - WE will not be liable under this contract and WE may, at our discretion, require you to pay our reasonable testing costs and the costs of returning the GOODS to you.
- 6.0.8 In paragraphs 6(7)(c) and (d) above, references to insurance are deemed not to refer to insurance in the nature of a breakdown or failure warranty for the GOODS.
- 6.0.9 This warranty is in addition to and does not affect YOUR statutory rights.
- 6.1.0 If YOUR product develops a fault, provided the product is within the warranty period. YOU are entitled to a warranty repair or replacement. If YOUR GOODS are returned as faulty after 28 days of shipping WE reserve the right to return the product to the manufacturer for repair or replacement. If this should happen please note normal turnaround time is 21 working days but it could take upto 30 working days for repair or replacement.
- 6.1.1 We cannot be held liable for any loss of data stored on any product sent for testing. Any valuable data, which includes software, must be backed up before returning the product for testing.
- 6.1.2 Please note that item(s) sent back to US without a valid RMA number will be rejected. YOU will be liable for all postage costs for unauthorised items. Authorised RMA numbers will be valid for 7 days only.
- 6.1.3 Due to the amount of varied components, available today The Hands Free Company is unfortunately unable to guarantee compatibility between items sold. It is customer's responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us.
- 6.1.4 For Products that are capable of storing data: The Hands Free Company Ltd is not responsible or liable for any data stored on the Product that is lost, deleted, or is otherwise inaccessible. All data will be deleted from the Product during repairs. You should remove or make a backup copy of any data stored on the Product prior to shipping the Product to The Hands Free Company Ltd.
- 6.1.5 All products that use batteries, including lithium batteries have a limited number of charge cycles and eventually the battery life will start to shorten, which may result in the battery needing to be changed. Battery life and number of charge cycles vary by use. This means that we are only able to offer a 60-day warranty period on items that have developed problems with their batteries. The 60-day battery warranty period does not count on refurbished items however, as refurbished items may already have a reduced battery life.
- 6.1.6 Any defect in the goods arising from wear and tear, damage caused by accident, natural disaster, intentional or accidental misuse, abuse, neglect or improper maintenance, or use under abnormal conditions; damage caused by an external electrical fault or any accident; damage from third party software or from virus(es); If the serial number of the components or accessories has been altered, cancelled or removed; the warranty seals have been broken or altered; Items with bent or broken pins or connectors are deemed user error and are not covered under the manufacturer's warranty. A reduction in battery life over time is deemed normal, and is not covered under warranty.
- 6.1.7 Individual components found not to be defective upon testing will incur a minimum testing/handling fee of 10.00 + VAT. None faulty items will be returned to you at your own cost. Physically damaged (e.g. dented / cracked/burnt or blown components circuits etc) items will be rejected.
- 6.1.8 When The Hands Free Company is ready and willing to deliver the goods, and requests the buyer to take delivery, if the buyer does not take delivery of the goods within a reasonable time after such request, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and as such is liable for a reasonable charge for the care and custody of the goods.
If a delivery request is rejected by the customer, a letter will be sent specifying that the goods are ready for collection, the address the goods can be collected from and cost of handling, delivery etc., that the goods will be only be held for 3 months after which time they will be disposed of.