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Terms & Conditions
By placing a bid on any
Auction item or purchasing a 'Buy it Now' item you are agreeing to these
Terms and Conditions which
includes the Returns Policy.
1. Offers to Purchase and
Description of Goods/Services
2. Eligibility to purchase
3. Orders
6. Prices
4. Payment and ownership of
goods
6. Delivery
7. Right of cancellation
8. Privacy of information
9. Intellectual Property
and Right to use
10.
Liability
11.
Third Party Links
12. Our Rights
13.
Your legal rights
14.
Severance
15.
Waiver
16.
Entire agreement
17.
Law
18. Monitoring
19.
Complaints
Notes:
For the purpose of these terms and
conditions, the term 'Website' will be taken to mean our website located at
www.stores.ebay.co.uk/The-BlackBerry-Exclusive-Fashion
1.
Offers to Purchase and Description of Goods/Services
1.1 Each Goods or Service purchased is sold subject to its Product Description
which sets out additional specific terms and conditions related to that Good or
Service including, without limitation, terms and conditions concerning estimated
delivery times and any warranties.
1.2 Any order made by You will be treated as an offer to purchase Goods or
Services from Us. The contract between You and Us will only be completed when We
despatch the Goods to You or commence the provision of the Services, as the case
may be. The sale contract is therefore completed in Doncaster England.
2. Eligibility to Purchase
2.1 The purchase of Goods or Services is limited to parties that lawfully can
enter into and form contracts on the Website under English law. This means that
if You are an individual, You must be 18 years or older to purchase any Goods or
Services via the Website and by offering to purchase any Goods or Services You
represent to us that You are 18 years of age or older. To register, You must
provide Your real name, phone number, e-mail address, credit card details and
other requested information.
2.2 By making an offer to buy any Goods or Services, You specifically authorise
Us to transmit information (including any updated information) or to obtain
information about You from third parties from time to time, including but not
limited to Your credit-card number or credit reports, to authenticate Your
identity, to validate Your credit card, to obtain an initial credit card
authorisation and to authorise individual purchase transactions.
3. Orders
3.1 All orders are subject to acceptance by a valid payment method as indicated
on the listing. If there is a problem with your order You will be contacted by
e-mail or phone (if you have given Us details) and You will have the option
either to wait until the problem has been resolved or to cancel Your order. All
prices are inclusive of VAT at the current rates and are correct at the time of
entering information. However, We reserve the right to change prices without
prior notice to You before a listing has ended.
3.2 We will take all reasonable care, in so far as it is in Our power to do so,
to keep the details of Your order and payment secure, but in the absence of
negligence on Our part We are not liable for any loss You may suffer if a third
party procures unauthorised access to any data You provide when accessing or
ordering from the Website.
3.3 You warrant that the User Information which You are required to provide when
You make an offer to buy Goods or Services via the Website is true, accurate,
current and complete in all respects.
3.4 You agree not to impersonate any other person or entity or to use a false
name or a name that You are not authorised to use.
3.5 If You are a private consumer, You may cancel any purchase ordered by You at
any time within 14 days of receipt (exceptions apply) of the Goods or Service
without incurring any obligation or liability to Us, however, You may not cancel
any Service ordered from Us once we have started to provide it to You with your
agreement. If You choose to do this, You must notify Us in writing as set out in
clause 7. Within 30 days of receipt of a valid notification that You wish to
cancel any order, We will refund all monies You have paid to Us.
4.
Prices
4.1 Unless we indicate otherwise, all prices are inclusive of VAT at 15%.
4.2 Prices are subject to change at any time.
5. Payment and Ownership of goods
5.1 Payment can be made by any major credit or debit card (Visa, MasterCard,
Visa Debit/Delta, UK Maestro, Solo, Visa Electron), PayPal, Postal Order (UK
customers only). Payment will be debited and cleared from Your account before
the despatch of Your Goods or provision of the Service to You.
5.2 You confirm that the credit/debit card that is being used is Yours.
5.3 All credit/debit card holders are subject to validation checks and
authorisation by the card issuer and We may share Your personal information with
such third parties as are necessary to enable Us to do such checks. If the
issuer of Your payment card refuses to authorise payment to Us, we will not be
liable for any delay or non-delivery.
5.4 Goods and Promotional Products
supplied by Us remain Our property until the Goods are paid for in full and
delivery has been completed. If payment is declined by your cardholder, whether
before or after despatch of the Goods to You, we will treat the order as
cancelled;
5.5.1 If the Goods and Promotional Products have been despatched we may:-
a) Require You to return the Goods and the Promotional Products to Us in
original condition within 7 days; or
b) Require You to pay in full by satisfactory alternative means within 7 days.
5.6 Credit Vouchers:
a) If you have a Credit Voucher
issued by Us, it may be used as part payment or full payment towards the total
price of the Goods up to the value of the credit voucher excluding postage. All
Credit Vouchers must be used in accordance with the Terms & Conditions for that
Credit Voucher when issued.
b) Credit Vouchers are valid for a
period of One calendar month unless otherwise indicated.
c) Credit Vouchers can be redeemed
against Goods purchased from www.the-blackberry.com and our eBay store. Credit
Vouchers can not be exchanged for a monetary value, and are non transferable.
6.
Delivery
6.1 Goods are delivered by Royal Mail or another suitable delivery company. The
service type used will depend upon the value and size of the Good/s purchased.
Royal Mail Special Delivery and Recorded service will require a signature upon
delivery.
6.2 The-BlackBerry cannot be held responsible for any delays caused by but not
limited to; Acts of God, industrial action, vehicle breakdown, service
providers, credit searches, stock availability and delivery companies. These
events are outside of our control and we cannot accept any liability.
6.3 Parcels sent to remote parts of the United Kingdom, such as Northern
Scotland and parts of Northern Ireland, the Channel Islands and the Isle of Man
etc may take longer to deliver.
7. Right of cancellation
7.1 If You are purchasing the Goods or Services for private use (i.e. as a
consumer as opposed to for business use), You have the right to cancel any
contract completed pursuant to clause 3.5 within 14 days of receipt by You of
the Goods or Services ("Cancellation Period"). However, You may not cancel any
Service ordered from Us once We have started to provide it to You with your
agreement. You may not cancel any custom made order, items which are classed as
custom made are clearly marked
as such on the item
description.
7.2 If you do cancel a contract pursuant to clause 3.5 you must:
7.3 either notify us in writing to
BlackBerry Int Ltd, PO Box
1111, Doncaster, DN9 3WL, or
by email to customerservices@the-blackberry.com.
7.4 retain possession of the Goods.
7.5 take reasonable care of the Goods or Services until We collect the Goods
from You, or You deliver the Goods to Us; and
7.6 ensure that the Goods are returned or are made available for collection (as
the case may be) in the same condition as it was when it was delivered to, or
collected by, You (as the case may be).
7.7 If You do cancel a contract pursuant to clause 3.5, then We will notify You
of when We wish to collect the Goods. We will collect the Goods or Services
within 21 days of Our receiving notification of cancellation. We have the right
to charge You for any direct costs incurred in collecting the Goods and will, at
Our option, deduct these from any sum owed to You.
7.8 If you do cancel a contract pursuant to clause 3.5, we will refund the
monies you have paid to us within 30 days of you giving us cancellation notice
and after the Goods have been returned.
7.9 If an item is returned not in
its original condition and a refund is refused, return postage will be charged
to the customer before the item can be returned.
7.10 For details of what will be
refunded if you cancel a contract please see our Returns Policy.
8.
Privacy of Information
8.1 Any information collected by Us, including that gathered at the time of
ordering/registration, is collected lawfully and in accordance with the Data
Protection Act 1998.
8.2 We do not sell or transmit any customers personal information, including
email addresses, to any organisation for any purpose other than for processing
orders placed with us (if necessary).
8.3 Where there is sufficient evidence to suggest that fraud is being
perpetrated, (such as the stated name and address being different to that of the
credit/debit card owner), We reserve the right to pass identification (such as
name, address, email and ISP details) to other businesses, fraud data bases and
relevant authorities.
8.4 From time to time We may send You information (unless opted-out of at time
of registration) via email or post regarding your purchase or regarding other
services/products available from Us. We would always provide an "opt-out" or
"unsubscribe" option in any electronic correspondence to enable you to stop any
further mailings if you so wished.
8.5 If you require any further information regarding our Privacy of Information
policy please email webmaster@the-blackberry.com.
9.
Intellectual Property and Right to use
9.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of the
Website shall remain at all times vested in Us or Our licensors. You are
permitted to use this material only as expressly authorised by Us or Our
licensors.
9.2 You acknowledge and agree that the material and content contained within the
Website is made available for Your personal non-commercial use only and that You
may download such material and content onto only one computer hard drive for
such purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
10. Liability
10.1 While We will use reasonable endeavours to verify the accuracy of any
information We place on the Website, We make no warranties, whether express or
implied in relation to its accuracy.
10.2 The Website is provided on an "as is" and "as available" basis without any
representation or endorsement made and We make no warranties of any kind,
whether express or implied, in relation to the Website, or any transaction that
may be conducted on or through the Website including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, conditions of completeness,
or any implied warranty arising from course of dealing or usage or trade.
10.3 We make no warranty that the Website will meet Your requirements or will be
uninterrupted, timely, secure or error-free, that defects will be corrected, or
that the site or the server that makes it available are free of viruses or bugs
or represents the full functionality, accuracy or reliability of the materials.
We will not be responsible or liable to you for any loss of content or material
uploaded or transmitted through the Website.
10.4 To the fullest extent permissible under applicable law, We disclaim any and
all warranties of any kind, whether express or implied, in relation to the Goods
and Services including but not limited to, implied warranties of satisfactory
quality and fitness for a particular purpose.
10.5 Notwithstanding any other provision in the Conditions, nothing herein shall
limit Your rights as a consumer under English law.
10.6 The information provided to You in connection with the Goods and Services
is provided by the suppliers of such Goods and Services and you acknowledge that
we do not verify the accuracy of such information. We therefore exclude all
liability of any kind (including but not limited to defamation, breach of
confidence, intellectual property right infringements, invasion of privacy and
negligence) for the transmission or reception of such information of whatever
nature to You.
10.7 You acknowledge that We cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by You.
10.8 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise arising out of or in connection with
these Conditions for:
10.8.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
10.8.2 any loss of goodwill or reputation; or
10.8.3 any loss which was not brought to the attention of BlackBerry at the time
the contract was made or any loss that would be an unforeseeable consequence of
a breach of the contract by BlackBerry;
10.9 in any case whether or not such losses were within the contemplation of
either of Us at the date on which the event giving rise to the loss occurred,
was suffered or incurred by one of Us arising out of or in connection with the
provisions of any matter under these Conditions.
10.10 Nothing in the Conditions shall exclude or limit Our liability for death
or personal injury resulting from Our negligence or that of Our servants, agents
or employees.
11. Third Party Links
11.1 In an attempt to provide increased value to Our Users, We may provide links
to other websites or resources. You acknowledge and agree that We are not
responsible for the availability of such external sites or resources, and do not
endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content of such websites, including (without
limitation) any advertising, Goods or other materials or Services on or
available from such websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or reliance
on any such content, Goods or Services available on such external sites or
resources.
12. Our Rights
12.1 We reserve the right to:
12.2 modify or withdraw, temporarily or permanently, the Website (or any part
thereof) with or without notice to You and You confirm that we shall not be
liable to You or any third party for any modification to or withdrawal of the
Website; and/or
12.3 change these Conditions from time to time, and Your continued use of the
Website (or any part thereof) following such change shall be deemed to be Your
acceptance of such change. It is Your responsibility to check regularly to
determine whether the Conditions have been changed. If You do not agree to any
change to the Conditions then You must immediately stop using the Website.
12.4 We will use Our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any
compensation because You cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website.
12.5 We reserve the right to withdraw any Goods or Services from the Website at
any time and/or remove, screen or edit any materials or content on the Website.
We may refuse to process a transaction if we have reason to believe it may be
fraudulent or does not confirm to our payment policy at any time in our sole
discretion. We will not be liable to You or any third party by reason of our
doing any of the following: withdrawing any Good or Services from the Website
whether or not those Goods or Services have been sold; removing, screening or
editing any materials or content on the Website; refusing to process a
transaction or unwinding or suspending any transaction after processing has
begun.
13. Your legal rights
13.1 If any part of our terms and conditions is determined by a UK court to be
invalid, illegal, void or otherwise unenforceable under any current or future
law, the remainder of our terms and conditions shall not be affected thereby.
13.2 These Terms and Conditions do not affect any of your statutory rights.
14. Severance
14.1 If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from
these Conditions and shall not affect the validity and enforceability of any of
the remaining provisions of the Conditions.
14.2 Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
15. Waiver
15.1 No waiver by Us shall be construed as a waiver of any preceeding or
succeeding breach of any provision.
16. Entire agreement
16.1 These Conditions (as amended from time to time) contain the entire
agreement between You and Us relating to the subject matter covered and
supersedes any previous agreements, arrangements, undertakings, representations
or proposals, written or oral, between You and Us in relation to such matters.
You confirm that You have read these conditions and, You fully understand them
and You also agree that these conditions are the only terms (together with Your
network provider agreement ) that rule Your relationship with us.
17. Law
17.1 The Conditions shall be governed by and construed in accordance with the
laws of England and Wales and you irrevocably submit to the exclusive
jurisdiction of the courts of England and Wales.
18. Monitoring
18.1 We have the right, but not the obligation, to monitor any activity and
content associated with the Website. We may investigate any reported violation
of these Conditions or complaints and take any action that We deem appropriate
(which may include, but is not limited to, issuing warnings, suspending or
terminating service, denying access and/or removing any materials from the
Website). We may also investigate, in Our sole discretion, the use, or attempted
use, of any credit card, and take such action as we deem appropriate, including
without limitation, contacting the User using such card or cancelling orders
placed by such User.
19. Complaints
19.1 There may well be occasions when you are unhappy with the service that has
been provided to You by BlackBerry. In these cases, BlackBerry endeavours to be
fair and efficient in handling any complaint You should have and that Your
complaint will be processed confidentially.
19.2 If You have a complaint, please send Us a letter to this address
BlackBerry Customer Services,
PO Box 1111, Doncaster, DN9 3WL, UK,
or an e-mail to this address
customerservices@the-blackberry.com.
19.3 We endeavour to give You an answer within 5 working days and will provide
You with a likely timescale for resolving the dispute. We will keep You informed
about the progress of Your complaint.
We undertake to check Our system regularly for handling complaints and We
welcome any suggestion You may have in relation to how this system may be
improved.
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