TERMS AND CONDITIONS OF SALE
1. THE CONTRACT BETWEEN US
We must receive payment of the whole of the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The price payable for goods that you order are set out in our website.
2.2 You will be required to pay extra for delivery and we reserve the right to cancel the contract if we cannot deliver to your area. Our delivery charges are set out in our website.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
3.1 You may cancel your contract with us for the goods you order at anytime up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by e-mail using eBay messaging.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible and in any event not later than 14 days after the date on which you received the goods.
3.4 Once you have notified us that you are canceling your contract, any sum debited to us from your credit card or Paypal account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. CANCELLATION BY US
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or Paypal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. DELIVERY OF GOODS TO YOU
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered one your payment has been received and the goods have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 10 working days of the delivery of goods in question.
6.2 If you believe that the goods are defective then you must return them to us for testing. If we determine that the goods are defective then you will be given, at your decision, either;
6.2.1 a replacement or;
6.2.2 a full refund including the delivery costs of returning the goods.
If we determine that the goods are not defective then they shall be returned to you.
6.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option;
6.3.1 to make good any shortage or non-delivery;
6.3.2 to replace any goods that are damaged or defective;
6.3.3 to refund to you the amount paid by you for goods in question.
6.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under conditions 6.1 or 6.3 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clauses 6.2.2 and 6.3.3 above.
6.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact e-mail address (please use eBay messaging system) and all notices from us to you will be displayed on our website from time to time.
8. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. THIRD PARTY RIGHTS
Except for our affiliates or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with Northern Irish law and the courts of Northern Ireland shall have jurisdiction to resolve any disputes between us.
13. ENTIRE AGREEMENT
Flexx memory will not issue full refund for incompatible items purchased in error, if they were opened ( -10% restocking fees will apply ).
Full refund will be issued only for unopened items purchased in error and faulty or damaged items. Please contact us regarding compatibility, if not sure , to prevent any disappointment after purchase.
If you are returning a two-piece kit, you will need to send both parts.