FORMAT OF THE CONTRACT
1. These terms of sale apply to all goods supplied by Entertainment Gadgets LTD DBA DroiX, with the registered office at Unit 54C, North Woolwich Road, E16 2AA, London, United Kingdom, (the Supplier).
2. These terms and conditions are subject only to UK Law.
3. 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). Once the Supplier does so, there is a binding legal contract between us.
3-a. By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance email. It is at this point that a binding legal contract is created, and any contract is subject to the following Terms and Conditions.
4. To order goods through the DroiX website you must be at least 18 years of age. The Supplier will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
5. DroiX gives no assurance as to the mutual compatibility of components sold on any single invoice.
5-a. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended.
5-b. Advice sought by the customer from the Supplier in this respect may be given but cannot be relied upon by the customer or guaranteed by the Supplier unless the Supplier has access to the working system and the ability to carry out a full inspection of any software or operating system.
6. Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Supplier the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Supplier shall under no circumstances be liable for any indirect, incidental, or consequential damages.
7. The contract is subject to your right of cancellation (see below).
8. The Supplier is not responsible for any changes in policies from the side of the Supplier partner companies.
9. The Supplier may change these terms of sale without notice to you in relation to future sales.
DESCRIPTION AND PRICE OF THE GOODS
1. 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.
1-a. The Supplier will make every effort to ensure the description will be accurate, however, the Supplier shall not be held liable in case of discrepancies.
2. 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 has been paid by you or debited from your credit card for the goods.
3. 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 order, or if the order is cancelled automatically due to the expiry of the 14 day period, 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.
4. In addition to the price, you may be required to pay a delivery charge for the goods. This is subject to the Supplier’s discretion, and may change at any time, without any written notification.
4-a. On orders where the supplier has not charged VAT/TAX (As seen during Checkout), you may be liable to pay import Tax&Duties if the delivery address is not in the United Kingdom.
4-b. It is the customer’s responsibility to ensure they are knowledgeable of their country’s import regulations and taxations.
SALES, DISCOUNTS AND GIFTS
1. Discount codes can only be used with subsequent transactions, and always apply to the full RRP (Recommended Retail Price).
2. The Supplier may list products as part of a promotional activity that are to be purchased only with an accompanying item. The Supplier reserves the right to cancel any order for a sole promotional product without the accompanying item.
3. Only one (1) discount code or free gift is permitted per order and the discount code will typically be applied to the lowest value item first.
4. In circumstances where multiple discount codes are valid on a single product, only one (1) discount of the highest value will be applied.
4-a. If a gift is offered, then this gift's RRP is the amount that will count as a discount.
5. If there is a sale or non-RRP listed for a device, you can either pay the RRP minus the value of your voucher or wait for the sale to end to use your code.
SEASONAL SALES
1. The below Terms&Conditions apply to Seasonal/Major sales, such as, and not limited to: Black Friday, Cyber Monday, Christmas, Boxing Day, New Years, Back to School, Autumn, Summer, Spring
2. The sales mentioned in their respective Landing Page are subject to availability and the Supplier reserves the right to amend the specifics at any time without prior notification.
2-a. The Special Offer in which a Discount code for Free Shipping is offered, only applies to Mainland UK Addresses (Unless specified otherwise)
3. Whilst any seasonal sale takes place, the Supplier will not allow any other promotional offers, such as
3-a. Leaflet Discount Codes
3-b. Promotional Marketing
3-c. Email Marketing older than 7 days
BARGAIN CORNER ITEMS (REFURBISHED GOODS)
1. Bargain (Refurbished) goods are goods which have been refurbished by the Supplier and are advertised accordingly.
2. Bargain (Refurbished) goods are subject to separate Terms&Conditions, as outlined below.
3. Bargain (Refurbished) goods can be, but not limited to EOL (End of Life) goods, which means the said goods will not be produced anymore, nor will they receive software updates anymore.
4. The condition of Bargain (Refurbished) goods is not new, and they might present signs of use cosmetically (Scratches,Dents,etc)
5. The Supplier will supply Bargain (Refurbished) goods in fully working condition.
6. Limited warranty for 12 months is applied to Bargain (Refurbished) goods. This warranty does not apply:
6-a. to damage caused by accident, abuse, misuse, misapplication.
6-b. to damage caused by service (including upgrades and expansions) performed by anyone who is not authorised by the Supplier.
7. The Supplier accepts returns on a change-of-mind basis - if a customer returns Bargain (Refurbished) goods within 14 days.
7-a. The 14 day period starts the day after the first of the goods come into the physical possession of the consumer or the person that the consumer asks for it to be delivered to.
8. Separate Advertising Campaign and Special Offer rules, discount and/or gift items could vary for Bargain (Refurbished) goods, if described as so. If Advertising Campaign and Special Offer description does not separately specify Bargain (Refurbished) goods, the full Advertising Campaign and Special Offer benefits apply.
PAYMENT
1. Payment for the goods and delivery charges can be made by any method shown and are available on the Supplier's website at the time you place your order. Payment shall be due before the delivery date, except where agreed otherwise by the Supplier and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
2. The Supplier shall not dispatch the items until cleared funds are received, except in the case of supplies of goods provided on credit terms.
3. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4. Where the Supplier agrees to provide goods on credit terms, the standard payment terms shall be 30 days from the date of invoice. In the event that payment is not made by the due date the Supplier reserves the right to charge interest from the date of invoice at 8% per annum, compounded monthly.
5. The Supplier reserves the right to levy charges for any of the following services: inspection of any piece of computer equipment and installation / replacement of either software or hardware - use of credit / debit cards or rapid cheque clearance facilities, diagnosis and testing of any problems encountered with any piece of hardware or software, recovery of any hardware or software problems and backup of any data when requested by the customer.
PROCESSING, DISPATCH AND DELIVERY
PROCESSING INFORMATION
1. The Supplier will dispatch the order at the address provided by the customer.
2. It is the customer’s responsibility to provide a full/correct address and contact information (Including Email address and phone number with appropriate Country prefix)
2-a. The customer shall contact the Supplier if the Contact Information is not correct, and the Supplier will attempt to rectify these issues.
2-b. The Supplier shall not be liable for any errors made by the customer in providing the address.
3. The Supplier will only accept orders where the Delivery Address matches Billing Address (provided by the banking institution, or 3rd party service such as Klarna, PayPal, etcetera)
3-a. The supplier reserves the right to cancel any orders that do not match the conditions set forth in point “4”, and the Supplier may amend small inaccuracies at the customer’s request.
DISPATCH AND DELIVERY
1. Orders placed before 2.00 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.)
2. If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
3. 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:
3-a. Cancel the contract and refund you the cost of the order minus the delivery fees.
3-b. Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage
3-c. 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.
4. 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.
4-a. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
5. The Supplier will not accept liability for goods lost in transit unless the Supplier is notified within 5 days from the expected delivery date. This will be the date advised on your automated despatch note which is emailed to you once the items have left our warehouse.
6. Where applicable, upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then it is the customer’s responsibility to refuse the parcel.
6-a. If you are unable to check the contents of your delivery at the point of delivery, then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
6-b. If the goods supplied to you are damaged or any item missing/incomplete upon delivery, you must notify the Supplier within 48 hours.
6-c. The Supplier reserves the right to decline any claim of missing/incomplete deliveries past the 48 hour-mark from the time of delivery.
7. Whilst every effort shall be made to honour any delivery date, time of delivery shall not be of the essence. The Supplier shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
7-a. The Supplier will not be liable for any delays caused by force majeure events.
7-b. In the event that the courier could not honour the advertised delivery date by the Supplier, the Supplier may refund the customer an amount of the Shipping Cost.
8. Unless otherwise agreed, the Supplier may deliver by instalments and in such case, each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Supplier shall not entitle the buyer to cancel the remainder of the Contract.
9. Any refused deliveries will be returned to the Supplier. Upon receipt of the goods with the Supplier, a refund will be issued minus an adjustment fee of up to 10% (It is at the Supplier’s discretion) of the value of the order to cover administration costs.
RISK/TITLE
1. The goods are subject to the customer’s risk from the time of delivery
2. Ownership of the goods shall not pass to the customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
2-a. the goods, and
2-b. all other sums which are or which become due to the Supplier from you on any account.
3. The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
WARRANTY
1. As per the Consumer Rights Act of 2015, the Supplier will guarantee that all items sold are warranted free from defects for 12 months from the date of supply.
1-a. Effective September 13, 2022 – The Supplier will advertise on individual product pages items that are warranted free from defects for 24 months. The aforementioned only applies to products where the advertisement page clearly states so.
2. The Warranty offered by the Supplier applies solely to the Hardware/Software provided at the time of sale. The Supplier shall not be liable, nor any warranty claims can be made in regard to 3rd party Hardware/Software that the Supplier has no control over.
3. Any form of warranty is voided if the product’s tamper/warranty seal (this can be in the form of a sticker applied on the hardware, warranty label, or simply tampering with a screw that has a warranty temper coating) has been broken.
3-a. Only the Supplier, or an appointed entity by the Supplier shall be entitled to remove the warranty seal whilst maintaining the status of the product’s warranty
4. 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.
5. 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 as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
6. If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to: a full refund, If this is within 14 days. After this time a replacement product or refund (to the value of the replacement) will be offered.
7. Items purchased through clearance sales or sold at a special price as end of line or for other reasons or that prevent them from being sold as new or Bargain (Refurbished) goods are sold with a 30 day warranty.
7-a. These items may be second user, refurbished or discontinued stock.
7-b. These items may present cosmetic imperfections (Such as dents, scratches, etc)
7-c. These items may be missing drivers, manuals, cables and accessories.
7-d. Packaging, if supplied, may not be in new condition.
7-e. These Items will be tested to be in fully working condition by the supplier
8. Any items which are returned under a warranty claim and are found to be in a working condition will be charged a restocking fee of up to £50 or up to 10% of the value of the goods, whichever is the greater.
HARDWARE-SPECIFIC WARRANTY CLAIMS
“Dead Pixels”
1. For the purpose of the following, the Supplier notes that:
1-a. Handheld Gaming PCs brands, such as, and not limited to: ONEXPLAYER, GPD, AYANEO – Are equipped with Class II-type panels
1-b. Ultrabook/Laptop brands, such as, and not limited to: One Netbook, GPD – Are equipped with Class II-type panels
1-c. Retro Gaming Handhelds brands, such as, and not limited to: ANBERNIC, Retroid, Miyoo, GameForce – Are equipped with Class III-type panels
2. All LCD displays sold by the Supplier adhere to the ISO 13406-2 standard regarding pixel faults. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of warranty.
2-a. The standard of production techniques today cannot guarantee an absolutely fault-free screen display.
2-b. A few isolated constant lit or unlit pixels may be present.
3. The standard lists four classes of devices, where a device of a specified class may contain a certain maximum number of defective pixels. Three distinct types of defective pixels are described:
3-a. Type 1 = a hot pixel (always on, being colour white)
3-b. Type 2 = a dead pixel (always off, meaning black)
3-c. Type 3 = a stuck pixel (one or more sub-pixels (red, blue or green) are always on or always off)
