The latest copy of our Terms & Conditions is available to view at https: www.incredibleit.uk/terms-and-conditions and by purchasing goods/services from us, you agree to be bound by these Terms & Conditions, as well as any other applicable terms (for example those set by eBay). In the event of any differences between the version of the T&C s displayed on eBay and the version of the T&C s displayed at the aforementioned link (URL) - the version displayed at the link shall prevail (even if the difference(s) are only of a stylistic/formatting nature, including but not limited to any apparent lack of indentation).
Terms & Conditions
1. Important Information
1. When an entity ( You / Your ), including, but not limited to: individuals, businesses, charities, government departments, and organisations - purchases goods/services from Incredible IT Ltd ( Us / We / Our ) whose registered office is at [Incredible IT Ltd, C/O Ideal, Unit 10 Manor Complex, Kirkby Bank Road, Knowsley Industrial Park North, Liverpool, Merseyside, L33 7SY, United Kingdom] (collectively the Parties ), You agree to be contractually bound to all of the Terms & Conditions displayed within this document ( T&C s / Contract ).
2. The T&C s may be changed at any time without notice, insofaras legally permitted.
3. You additionally agree to be bound by any additional terms imposed by any website or other sales channel(s) ( Platform / Platforms ) on which we sell and/or advertise Our goods/services.
4. A copy of the T&C s shall be provided to You within ten working days upon You requesting the same from Us in writing by any of:
1. You leaving Us a note on Your order;
2. You sending Us a message on the Platform;
3. You emailing Us;
4. You writing by post to Us to Our registered office (It is Your responsibility to obtain the appropriate tracking service).
5. Your statutory rights are not affected, including (but not limited to) those governed by:
1. Consumer Contracts Regulations;
2. Consumer Credit Act;
3. Consumer Protection Act;
4. Consumer Protection From Unfair Trading Regulations;
5. Consumer Rights Act;
6. Distance Selling Regulations —
and in such an event, the relevant legislation shall prevail over any conflicting and/or contradicting clause(s) of the T&C s.
6. This Contract shall be governed by and ruled upon within the jurisdiction of a court in England/Wales.
7. In the event that any individual term (or part thereof) of the T&C s be ruled to be unenforceable in court, all of the other terms of (or part thereof) the T&C s shall remain in effect.
8. You agree that We may require any dispute which may arise between the Parties to be decided by a single third-party arbitrator governed by the Arbitration Act 1996 at Your expense, in place of civil legal proceedings.
2. Transacting With Us
1. We reserve the right to decline to provide/sell You any goods/services without giving You any reason, even after You have accepted Our proposal and/or paid Us a deposit and/or checked out and/or completed Your transaction . We will generally only do this in exceptional circumstances. If We do this, You may receive a refund, whether partial or full, of any amount(s) You have paid Us for goods/services which We decline to provide You.
2. We may use any credit balance You hold with Us to clear any balance You owe Us.
3. We may redirect any deposit You pay Us to clear any balance You owe Us, which may result in a new deposit becoming payable. We will generally only do this in exceptional circumstances.
4. We reserve the right to ban / block You and/or Your account from transacting with Us without giving You any reason. We will generally only do this in exceptional circumstances. If We do this, You will not be able to purchase any goods/services from Us.
5. You must not use another account to circumvent (or attempt to circumvent) a ban (commonly referred to as sockpuppeting ). If You do this, We may treat this Contract as distressed and/or null & void.
3. Services
1. For services You purchase from Us, unless with Our prior written consent and at Our sole discretion, notwithstanding any legal duty We may have:
1. Any deposit You pay Us is non-refundable.
2. All services are non-refundable.
3. Outside of any expressly agreed S.L.A. (Service Level Agreement):
1. We do not accept liability for any loss of any kind, E.G. financial, loss of data, loss of connectivity, loss of earnings/business/trade, etc.
2. Uptime relating to unscheduled downtime is not guaranteed but generally should exceed 99%.
2. From time to time we may need to:
o Perform scheduled downtime
o Perform unscheduled downtime
o Change the IP address(es) associated with your services
o Move Your services to another of Our servers
5. We will endeavour to notify You as early as possible of this.
6. You recognise that sometimes this may not be possible and/or practicable.
3. You agree not to use Our services for illegal, immoral and/or unethical reasons.
4. You agree not to use Our services in a way which could detriment other users of Our services, for example the sending of bulk emails without the purchase of a dedicated IP address.
5. We may terminate Your services for any reason and We shall be under no obligation to provide any reason.
6. We will endeavour to notify You as early as possible of the termination of Your services.
7. In exceptional circumstances we may terminate Your services with immediate effect.
8. We may temporarily suspend Your services for any reason and We shall contact You stating the remedial action which must be taken for Us to resume Your services.
9. We may do this upon non-payment of Your services and/or balance, or for other reasons such as if we detect anomalous behaviour from Your services, for example high-usage and/or long-running scripts.
10. You agree to remedy the suspension of Your services within 30 calendar days, otherwise You accept that Your services may be permanently terminated.
4. Goods
1. Returns & Refunds
1. We accept returns of goods You purchase from Us within 14 calendar days of purchase (unless another duration is specified on the goods product listing page(s); this does not apply to most of our goods) - provided all of the terms below are complied with in their entirety:
1. Certain specific products cannot by law be returned to Us - for example oral hygiene products that have been used. Where this is the case, it will be clearly displayed on the goods product listing page(s).
2. Goods returned to Us must be received back by Us in exactly the same condition as the goods were in when We despatched the goods to You.
3. It is Your responsibility to bear any and all cost(s) associated with returning the goods to Us.
4. It is Your responsibility to ensure that goods returned to Us are adequately packaged, tracked, and insured - You agree to bear the cost(s) of this.
5. We may assess any goods returned to Us for damage(s) and, at Our sole discretion, may deduct the amount of damage(s) assessed from the amount of any refund We may make to You. For the avoidance of doubt, damage may include the breaking of any seal(s) on goods and/or the tampering with or removal of Warranty number stickers (see the Warranties section below).
1. We may outright refuse the return of any damaged item(s).
2. If We assess that Your return or any part of it is damaged then We may contact You prior to making our determination as to Your refund amount, in order to attempt to establish the cause and/or whether You wish for Us to re-post this/these item(s) back to You at Your expense (for example as a deduction from Your refund) or whether You forfeit the item(s) to Us.
3. Forfeited item(s) will not be refunded to You.
4. We may be required by the Platform to make Our determination as to Your refund amount and where applicable Your deduction, within a very short space of time (depending on the Platform this could be as little as for example within two days of Us receiving Your goods, during which time We first need to assess the goods before contacting You). This timeline may be displayed to You on the Platform and You may be able to ascertain the timeline by You contacting the Platform.
5. If You fail to respond to Our attempt(s) to contact You or if Your response is unsatisfactory to Us then We may make Our determination without your input or further input; due to the time-critical nature. We will not wait until the last moments of this timeline deadline to submit Our determination to the Platform. You agree to remain in communication with Us throughout this stage of Your return request.
6. Where goods have been returned to Us by You which were sold including free postage and packaging (or equivalent), the actual cost(s) of the postage and/or packaging incurred by Us may be deducted from the amount of any refund We may make to You; unless (and at Our sole discretion) We believe that We may have provided materially erroneous, materially inaccurate or materially incomplete - information, on the goods product listing page(s).
7. Where You are not a consumer as defined by the Consumer Rights Act, including but not limited to if either Your invoice/billing address or Your shipping address are to a business, organisation, charity, etc. - we reserve the right to charge You a 2.5% restocking fee on some or all of the goods You return to Us. In many circumstances We may waive this fee, however this is at Our sole discretion.
8. Upon Your request, in some very specific circumstances, We may be able to recall goods from being despatched to You, prior to them entering the courier s logistics network (by way of Us taking parcel(s) to a courier s drop-off point, or a courier collecting parcel(s) from Us, or otherwise); however We may withhold the actual cost(s) of postage from any refund(s) that We may make to You - until We have confirmed recovery of actual postage cost(s) from the courier. This typically occurs within 14 calendar days, however We may not be guaranteed to recover any money; and this may be at the courier s own sole discretion. In this circumstance We may make two (or more) partial refunds to You: one (or more) upfront amount for the goods, and a later one for the postage cost(s) - within an additional 16 calendar days after we have confirmed recovery of postage cost(s).
9. Any fees We have incurred in connection with Your purchase of goods from Us may be deducted from the amount of any refund We may make to you; unless (and at Our sole discretion) We believe that We may have provided materially erroneous, materially inaccurate or materially incomplete - information, on the goods product listing page(s). This includes but is not limited to any fees charged to Us by any Platform, such as: listing fee(s), sales fee(s), commission(s), advertising fee(s), regulatory fee(s), international buyers fee(s), and Value Added Tax(es) (VAT).
10. The address for You to return goods to Us ( Returns Centre ) is displayed on the goods product listing page(s) - on some Platforms this may for example be within the Business Seller Information section of the goods product listing page(s).
11. Upon Us accepting your request to return goods to us, We may sometimes require that you return the goods to us to an alternative address; this will be outlined in Our request acceptance notes, on some Platforms this may be displayed in the RMA field.
12. Any refund(s) - including any partial refund(s) - due to You shall be paid to You within 30 calendar days of Our receipt of the goods to the Returns Centre, to the payment method You originally used to pay Us.
13. If We suspect that You may be attempting to commit (or have committed) fraud by making any false return(s), We may take any or all of the following actions against You:
1. Retain any goods sent to Us;
2. Retain any and all funds remitted to Us;
3. Refuse any refund requests You make or may have made to Us;
4. Take civil legal action against You;
5. Report You to any relevant authority(s).
2. Warranties
1. Most of the goods We sell include a warranty, however in rare circumstances some goods do not. It is Your responsibility to confirm whether goods have a warranty, prior to You purchasing the goods.
2. Where goods We sell include a direct/official manufacturer s warranty, Our own warranty is therefore not included - even if the length of the direct manufacturer s warranty is for a shorter time period of warranty length; than Our own standard warranty length of 6 months. In this case Your warranty would expire on the date specified by the direct/original manufacturer.
3. Any warranty(s) is offered by Us, not any direct/original manufacturer - unless otherwise specifically stated in the Description section of the goods product listing page(s).
4. For most of our goods, our standard warranty applies with a length of 6 months from the date of purchase, however this may differ for certain items; the specific warranty length for goods is displayed in the Description section of the goods product listing page(s).
5. In rare cases we do not offer a warranty on some goods, if this is the case then no mention of warranty will be displayed in the Description section of the goods product listing page(s).
6. You agree to indemnify Us against any claims for damage(s), defect(s), etc.; to anything other than the goods - including, but not limited to: damage to property, loss of earnings, etc.
7. In most cases We shall affix a warranty sticker to Your goods with a unique warranty number. If a warranty sticker is not readily apparent:
1. We may have placed the warranty sticker internally within the goods - We may do this when We believe that it may be impractical to affix it to the exterior of the goods; or for any other reason at Our sole discretion.
2. If We believe that it may also be impractical to affix a warranty sticker to the interior of the goods, and if the goods already contain identifying marking(s) (including but not limited to an etched serial number), then we may omit a warranty sticker and use any or all of those identifying markings in place of a warranty number. If those marking(s) do not contain alphanumeric text then we may use photographs of the identifying marking(s) in place of a warranty number.
8. It is Your responsibility to ensure that the warranty sticker remains affixed to Your goods for the entire warranty period, if the warranty sticker was affixed to the exterior of the goods.
9. You may request Your warranty number from Us at any time prior to making any warranty claim(s) for the goods and prior to the expiration of the goods warranty period.
10. Any warranty sticker which appears to Us to have been tampered with shall be treated as though it had been removed; irrevocably voiding any warranty You may have had.
11. If you have a warranty provided by Us - that is, not a direct/official warranty provided by the direct/original manufacturer:
1. It is Your responsibility to ensure that You are able to provide Your warranty number to Us if You make a warranty claim to Us.
2. We may, at Our sole discretion, honour warranty(s) whereby You are unable to provide Your warranty number to Us.
3. You may make a warranty claim to Us at any time during the time period of the warranty length specified, by You sending Us a message on the Platform the goods were purchased via - stating that You wish to make a warranty claim.
4. There is no limit to the number of warranty claim(s) that You may make to Us.
5. We will repair any defect in goods, or provide replacement part(s) + installation instructions (or similar), or otherwise replace the goods at Our sole discretion - during the time period of the warranty length specified; within 30 calendar days of Us receiving Your warranty claim.
6. We may require you to return the defective goods to the Returns Centre, prior to Us processing any warranty claim(s) from You.
7. We may not honour warranty(s) in cases where We believe (at Our sole discretion) that goods may have become faulty by way of Your own actions, inactions, wear & tear, abuse, neglect, etc. - or otherwise cosmetic damage, rather than through product defect(s).
8. You must not undo, unfasten, remove, tamper with, alter, change, replace, or attempt to do any of the aforementioned - to any screw(s) or other fastener(s) securing your goods. To do so will immediately and irrevocably void any warranty You may have had.
9. You must not repair, remedy, fix, remove, tamper with, alter, change, or attempt to do any of the aforementioned - any apparent defect(s) with Your goods; without Our prior written permission. To do so will immediately and irrevocably void any warranty You may have had.
10. Any warranty We provide to You shall be limited in financial value to a maximum of the price You paid Us for the goods.
12. If you have a direct/official warranty provided by the direct/original manufacturer:
1. You shall make any warranty claim(s) directly to the original manufacturer.
2. You agree to be bound by any and all terms/conditions imposed on you by that direct/original manufacturer, with respect to any warranty(s) provided by them to You.
3. We are not liable for any aspect of your warranty.
4. We have no affiliation to any direct/original manufacturer, unless otherwise specifically stated on the goods product listing page(s).
13. If We suspect that You may be attempting to commit (or have committed) fraud by making any false warranty claim(s), We may take any or all of the following actions against You:
1. Retain any goods sent to Us;
2. Retain any and all funds remitted to Us;
3. Take civil legal action against You;
4. Report You to any relevant authority(s).
5. Intellectual Property
1. Notwithstanding any legal duty We may have (for example by virtue of the Copyright Act):
1. All intellectual property produced by Us remains our sole property, unless otherwise expressly agreed in writing.
2. You may not use Our intellectual property in any way which We have not provided You with Our express written consent for.
