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FIXIY TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products or Services (the “Products or Services”) listed on our website www.fixiy.ie) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
Fixiy.ie is a site operated by Sim Dan Fixit Limited (“we”). We are registered in Ireland under company number 515041 and our main trading address is Unit 13 The Merion Shopping Centre Ballsbridge Dublin 4. Our VAT number is 9837095.
PRODUCTS and SERVICES
We supply the following Products and Services
1. Computer and Smartphone parts
2. Collect and Return Repair Services for Computers and Smartphones
A description of all of our services is available at Fixiy.ie
It should be understood that by clicking “I Accept” and ordering any Products via the Website, you (including any person, organisation or entity on whose behalf you are acting) agree to be legally bound by the Agreement (including any documents referred to in it) and confirm your understanding of it.
When you contact us by telephone or by email to order a particular Service, you will be deemed to accept these Terms and Conditions of Service, together with the specific supplementary terms and conditions applicable for each service.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
When you place an order with us, your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service has been ordered (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. If you do not receive the Order Confirmation, please contact email@example.com.
The Contract will relate only to those Products or Services whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products or Services which may have been part of your order until the order of such Products or Services has been confirmed in a separate Order Confirmation.
Please note that in some cases, we accept orders as agents on behalf of third party sellers. In those cases, the resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
CONSUMER RIGHTS – COOLING OFF PERIOD
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days (the “cooling off period”); beginning on the day after you ordered the Service. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
If we have started providing you with a Service you may not cancel this Service within the seven day cooling off period. You must inform us in writing of your wish to cancel the Service prior to us commencing the provision of the Service.
To cancel an order for any product or service which has been ordered from us please email us first at firstname.lastname@example.org . We will then contact you.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the service delivery date as set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances, which we will identify to you.
PRICE AND PAYMENT
The price of any Products or Services will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Our site contains a large number of Products or Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our order procedures so that, where a Service’s correct price is less than our stated price, we will charge the lower amount when delivering the Service to you. If a Products or Services’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before delivering the Service, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products or Services must be by credit or debit card or PayPal. We accept payment with Visa, MasterCard, Visa Electron and Laser.
OUR REFUNDS POLICY
When you cancel a Product or Service.
Because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full.
For any other reason (for instance, because have notified us in accordance with paragraph ENTIRE AGREEMENT that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Service is defective), we will examine the cancellation and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Service. Products or Services returned by you because of a defect will be refunded in full.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
If you are having any difficulties placing your order please contact 01 4410443 or email@example.com who will provide you with assistance.
Exclusion of Warranty
Same as otherwise provided in this contract, and to the extent permissible by law, we make no warranty or representation as to the quality of any Products or Services provided or their fitness for a particular purpose or their conformity with any description or sample and the we shall not be responsible for damage or loss of any kind whatsoever (including loss of profits and consequential damages) caused directly or indirectly by the goods supplied.
Limitation of Liability
Except as expressly provided in these conditions, Sim Dan Fixit Limited T/A Fixiy shall have no liability of any kind to you under tort, contract, statute, equity or otherwise, for any losses, damages or expenses, whether direct or indirect, incurred by or awarded against you or any third party and howsoever arising (including as a result of the breach, negligence or wilful default of Sim Dan Fixit Limited T/A Fixiy in connection with the purchase or use of the goods by you or any third party. Save as expressly provided herein, all conditions, warranties or other terms whether express or implied, statutory or otherwise, are hereby expressly excluded.
Save as expressly provided under this Agreement or under Part II or Part IV of the Sale of Goods and Supply of Products or Services Act 1980 all warranties whether express or implied, are hereby excluded to the fullest extent permitted by law;
Sim Dan Fixit Limited T/A Fixiy does not warrant that the Products or Services are fit for any purpose other than that for which it is customarily supplied, save as expressly agreed otherwise by the Sim Dan Fixit Limited T/A Fixiy and the Sim Dan Fixit Limited T/A Fixiy shall have no liability to you in connection with any use or alteration of the Products or Services in breach of this Agreement, including but without limitation, use otherwise than in accordance with the Sim Dan Fixit Limited T/A Fixiy’s instructions, or misuse of the Products or Services or arising from your fault or negligence.
Without prejudice to clause LIMITED LIABILITY Sim Dan Fixit Limited T/A Fixiy shall under no circumstances be liable under contract, tort, statute, equity or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data incurred by or awarded against you or any third party howsoever arising (including as a result of the breach, fault or negligence of you) in connection with the purchase or use of the goods by you or any third party.
To the extent permitted by law and without prejudice to the generality of clause LIMITED LIABILITY Sim Dan Fixit Limited T/A Fixiy entire, aggregate liability to you and any third party under tort, contract, statute, equity or otherwise, for any losses, damages or expenses, whether direct or indirect and howsoever arising (including as a result of the breach, negligence or wilful default of Sim Dan Limited T/A Fixiy or its servants or agents), in connection with the purchase or use of the goods by you or any third party, shall be limited to the amount paid by you under the Contract for the goods.
Nothing in this clause LIMETED LIABILITY shall exclude or restrict any liability of the Sim Dan Fixit Limited T/A Fixiy for death or personal injury resulting from the negligence of the Sim Dan Fixit Limited T/A Fixiy or its servants or agents.
Where you buy any product or service from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
In discharging our obligations under this Agreement, we will comply with our obligations under the Data Protection Acts 1988 and 2003 (as amended and extended) and any other data protection legislation applicable and each will ensure all necessary registration applications are made.
If you order Products from our site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Sim Dan Fixit Limited T/A Fixiy at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions, including the specific supplementary terms and conditions (if any) and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or Services).
LAW AND JURISDICTION
Contracts for the purchase of Products or Services through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.
Sim Dan Fixit Ltd trading as Fixiy and its products are by no means affiliated with Apple, Amazon, HTC, LG Electronics, Motorola, Samsung or any of their subsidiaries. All other trademarks are the property of their respective owners. Our parts are NOT refurbished, offered or authorized by any of the above-mentioned entities or any of their subsidiaries. Sim Dan Fixit Ltd trading as Fixiy makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the listing or the information, products, services, or related graphics contained on the listing for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We will not be held responsible for any misuse or misrepresentations of our products conducted by buyers. Sim Dan Fixit Ltd trading as Fixiy and its products are in no way endorsed, sponsored, or affiliated with any of the above-mentioned entities or subsidiaries thereof.