Please read this document carefully as all business conducted by SendMyRepair will be subject to the following Terms and Conditions.
We currently only serve the UK retail market (Got a container load of tablets/phones? Please contact us about trade/wholesale/business for international enquiries). We are expanding all the time and hopefully will be able to serve the rest of the world with retail repairs as our business develops.
- 2.1 Basic Information
- 2.2 Further Transfer of Ownership and Offer to Purchase
- 2.3 General Terms and Conditions
- 3.1 Free Estimate / Quotation
- 3.2 No Fix No Fee Policy / Service Charge
- 3.3 Turnaround Time
- 3.4 Priority Repair
- 3.5 Return Postage
- 3.6 Parts Used / Waterproofing
- 3.7 Installation of Consumer Supplied Parts
- 3.8 Unpaid Invoices
- 3.9 Diagnostics / Partial Repairs
- 3.10 Liquid Damage Repairs
- 3.11 Accessories, Games, Power Supplies
- 3.12 User data and information
- 3.13 Payments
- 3.14 Cancellation
- 3.15 Repair Warranty
- 3.16 Warranty Limitations
- 3.17 Limitation of Liability
- 3.18 Complaints
- 4.1 Agreement for repair
- 4.2 All repairs (unless otherwise stated)
- 4.3 Additional terms of warranty repairs
- 4.4 Additional terms for chargeable repairs
- 4.5 Liability
- 4.6 Data Protection
- 4.7 General
- 5.1 Shipping
- 5.2 Limitation of liability
- 5.3 Severance
- 5.4 Waiver
- 5.5 Survival
- 5.6 Entire agreement
- 5.7 Applicable Law
- 5.8 Contact
Terms and Conditions of Website use
SendMyRepair provide access to and use of this website on the terms set out below.
These terms are subject to change from time to time without notice, so they should be checked regularly. Continued use of this website will be deemed acceptance of the updated or amended terms.
All copyright, trademarks, design rights, patents and other intellectual property rights in and on this website are vested in SendMyRepair or its licensor’s. All rights reserved.
Reproduction of part or all of the contents of this website in any form is prohibited other than for personal use or internal business use only. It may not be recopied and shared with a third party. All copyright notices in the original material must be retained. This website may not be modified, disassembled, decompiled or reverse engineered in any way for any commercial purpose.
The permission to recopy for personal and internal business use does not allow for incorporation of material or any part of it on any other website, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise). SendMyRepair is not responsible for any file downloads.
SendMyRepair makes no warranties, representations or undertakings about:
A. any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any such content). The information on this website does not constitute advice or recommendation.
B. any content of any other website referred to or accessed by hypertext links or otherwise through this website (‘Third Party Site’)
SendMyRepair shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website.
SendMyRepair does not endorse or approve the content of any Third Party Site, nor will SendMyRepair have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
SendMyRepair does not warrant that functions, materials and information available on this website (and/or linked to this website) will be uninterrupted or error-free, that defects will be corrected, or that this website or its server are free of viruses or bugs and other items of a destructive nature. The website user is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.
The failure or delay of SendMyRepair to exercise or enforce any right in these terms does not waive ‘SendMyRepair’ right to enforce that right.
The contract between SendMyRepair and the Customer shall be governed by and interpreted under the laws of the Itemsed Kingdom. The Customer submits to the jurisdiction of the High Court of the Itemsed Kingdom, but SendMyRepair may bring legal proceedings against the Customer in any court of competent jurisdiction.
Terms and Conditions of BuyBack
2.1 Basic Information
A. All amounts are paid by PayPal or Bank Transfer and Emailed to the address you provide to us during the order process. This usually takes up to 3 business days from the date on which your electronic device (hereinafter referred to as “device”) arrives and is inspected at our facility unless we need to speak to you directly about the offer we wish to make. No offer we make is binding upon us until we receive your item and examine it.
B. You agree to ship your device within seven days of receiving the prepaid post label. Delay in shipping may negatively affect the determination of device value.
C. By agreeing to these terms and conditions and by shipping your device to us, you certify that you are the legal owner of the device that you send.
D. We strive to make every transaction fast and easy! Should you have any questions regarding these terms and conditions, please do not hesitate to call us by phone or use our ticket system. Please find all details on our Contact Us page.
E. Updating your information and email communication preferences: We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us, please let us know by calling us or by creating a ticket. Please be sure to include your Email address, full name, and specifically what information you do not want to receive. Please note that sometimes these requests may take up to 1-2 weeks to be effective. Also, when you sell your electronics to us online, we may need to contact you via phone, email or post to address questions or issues specific to your order or with a promotional offer. If you would like to opt-out of any further communication after completion of the principal transaction(s), please use the opt-out link in the email message sent to you or contact us via email, including your Email address, full name, and specifically what information you do not want to be receiving from us in the future. If you would like to update or correct your Email address, street address or other personal information with us, please contact us either by phone or email.
2.2 Further Transfer of Ownership and Offer to Purchase
A. Quotes presented on the website. All such initial quotes are qualified offers pending our evaluation of your device, and no binding offer is made until we have had a chance to inspect the device that you send to us. Such offer is reaffirmed after such inspection. We reserve the right to refuse to offer to purchase any item that you send us for any reason at our sole discretion. You must send us your device within the time stated herein.
B. We determine the value of your device based on our systematic analysis of such a device and the current marketplace. Many factors are taken into consideration, such as the age of the device, the manufacturer and model of the device, the wear and tear apparent on the device, whether the device is usable and or intact in nature, as well as other elements that would affect its resale value or costs of repair to the device. If we decide not to purchase the device, you will be given the option of allowing us to recycle the device, but you will not receive any payment for the device. There is no charge to you for our recycling of your device. You must appropriately package the device you send us to protect it from harm during the shipping process. You are solely responsible for any harm that comes to the device you send us if you fail to package the device before sending it appropriately.
C. Sending your item to us. You are solely responsible for the risk of loss or damage of/to your property while it is shipped to us and while it is shipped from us to you, should we return the item to you.
D. Data Removal. We will endeavour to remove any customers data from the hard drive or other media storage device of your gadget and may reformat the drive to do so. However, we cannot guarantee that all personally identifiable data or other sensitive or security-related information will be removed from your drive or other memory devices by us. Accordingly, you should remove any such information from your device before you send it to us. You agree to hold us harmless and indemnify us from any loss or injury resulting from your failure and our failure to remove such information before reselling or recycling the device that you send. We are not responsible for any loss suffered by you due to any data that is not erased from the device and becomes available to any third party after our final disposition of your device. Remember to make all necessary backups or transfer of data from your device before you send it if you wish to keep or reuse any data stored on your machine.
E. Should you be given a quote via our website AND we, upon inspection of your device, agree to pay you that quoted amount, you are legally and contractually bound to sell us the device for the price quoted via the website once you have shipped the device to us.
F. Should we, upon inspection of your device, decide to offer you a lower price than originally quoted, you will have thirty days to either accept or reject that new price quote. During the thirty days, we will attempt to contact you via phone and email several times. If no contact is made after 30 days, we will issue payment for the amount indicated in the email. Once payment has been issued, no revisions or exceptions will be made. If such an offer is rejected and you request the return of your device, we will post it back to you at no charge.
G. Lawful Sales Only. You must own the right, title and all legal interest in the device you send us. Your sale and or shipment of any such item must not violate any law, regulation or statute of any jurisdiction. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license or other legal right or restriction via your shipping or selling of the shipped item. The item you ship must be free of all legal restrictions that would affect the value of the item, restrict your legal right to transfer ownership of the item (including the item itself, software present on the item, or hardware on or inside the item). You must refrain from violating any export laws or restrictions. The item you send (including all related materials, software and add-on hardware) may not be counterfeit, stolen, or contain harmful or offensive content of any nature. You agree to hold us harmless and indemnify us from any. All loss of any nature, including fees, costs, judgments, liens and reasonable fees, arising from any threatened or actual legal action should you violate this term and condition of this Agreement.
H. Failure to return the product or contents thereto. Under certain limited circumstances, THROUGH no fault of ours, we may not be able to return your item, and you agree to hold us harmless from any loss regarding our failure when outside of our control to return your device to you. We will never, under any circumstance, duplicate or return any software or data contained on your device.
I. Legal title of your device passes to us when we agree to pay you the originally quoted amount as shown on our website, or you agree to accept a lower offer that we may make to you. All payments are sent as established by our normal course of business. If we do not agree to accept your product by way of purchase or as a machine to be recycled, then the title does not pass to us. The title for all devices accepted for recycling passes to us when you agree to allow the device to be recycled. All decisions about whether or not we purchase your device and for what euro amount are final. Any offer to purchase your device that we make is a non-transferable offer and also expires if not accepted by you on time, as described herein. At any time, we may decide, without prior notice, to discontinue purchasing any particular or all items.
J. Errors. Should we make a material error in any representation of facts, information or offers to you, your sole recourse is to request the return of the item that you have sent to us. Your ability to request the return of the item elapses upon your receipt of the payment we issue for your item. If you elect to cancel the transaction before receiving your payment, we will return the item to you upon your request.
2.3 General Terms and Conditions
A. Entire Agreement. No Waiver. This Agreement constitutes the entire agreement between the parties. Captions are used only as a matter of convenience and have no legal import. No waiver by us regarding any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. Our website or other publications and communications may contain errors. We reserve the right to correct any errors in writing or orally with you.
B. Modification. We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of our website, any of our tools and services, following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon publication.
Terms and Conditions of Repair and Servicing
3.1 Free Estimate / Quotation
We offer a free estimate online, if possible, based on the information you have provided. Please note that this is an estimation only. It is possible that the cost to repair the item is higher than the estimated price (for example, if the information provided was inaccurate or if your product has other faults). On these occasions, you will be contacted via email or phone to authorise a new repair quotation.
If we can not give a free estimate and request the device for diagnostic, we will provide an exact quote once received and diagnosed.
3.2 No Fix No Fee Policy / Service Charge
(a) All items received for diagnostic or repair carry a “Service Charge” as defined below to cover the engineer’s time or any parts used in the attempt to diagnose or repair the items. The service charge will become due only when:
– The item is “Beyond Economical Repair” (i.e. it would be cheaper to replace the item than fix it)
– The item is found not to be genuine “Counterfeit”, and parts are not available.
– If the device has been diagnosed and the repair request has been cancelled before the repair process has started.
– We provide a new quotation, partial repair or diagnostic and it has been rejected.
At our discretion, we may waive any Invoice if you permit us to recycle the item.
(b) Service Charge:
£8.10 – Headphone, DVR/Camera, GPS Navigation
£15 – Smart Phone, Smart Watch, Tablet/iPad, MP3 Player/iPod,
£20 – Gaming Console/Controller, PCB Board, Not Listed Items
£30 – Laptop/Desktop PC, Audio HiFi Equipment,
£45 – Drone/UAV
(c) If no fault is found, we will return the Equipment to you as is and a service charge of £8.10 plus shipping applies.
3.3 Turnaround Time
We aim to diagnose and process standard repairs within 3-5 working days from the date they arrive.
However, we can not guarantee any stock or turn around times, and the process will take longer if we need to order parts for your repair.
It usually takes 5-10 working days for parts to arrive, but it can take up to four weeks, depending on the manufacturer.
If you do require the item back quickly, then we strongly recommend using our “Priority Repair” option.
Please note that all repairs can take longer during busier times.
3.4 Priority Repair
The priority repair will let you skip the queue of standard repairs, and express shipping applies.
We aim to diagnose and process priority repairs within 1-2 working days from the date they arrive.
However, we can not guarantee any stock or turn around times, and the process will take longer if we need to order parts for your repair.
It usually takes 5-10 working days for parts to arrive, but it can take up to four weeks, depending on the manufacturer.
The priority repair option is subject to a fee of £30 to the total cost of your repair request.
Please also note that if the item is NFF (no fault found), BER (beyond economical repair), or you refuse a quote, the fee of £30 is due in addition to the service charge and the return postage cost.
3.5 Return Postage
Return postage applies to each item sent in for repair or diagnostics regardless of the outcome and is not included in any Estimate or Quotation.
Return shipping cost: £7.90
Heavy Weight Surcharge: £7.00
All orders are usually dispatched within one working day after we received payment in full to the Invoice shipping address. We do not take responsibility for delays due to the courier.
What is a “Heavy Weight Surcharge”?
Heavy Weight Surcharge is imposed on parcels weighing more than 5kg or parcels with dimensions exceeding 61cm x 46cm x 46cm.
In the unlikely event that a parcel is lost during shipment, we will attempt to replace the item with a used product of the same or similar model. If this is not possible, we will refund you the value of the missing product up to a maximum of £100; proof of purchase is required to process any claim. If no proof of purchase is available, we will refund you the market value up to £100.
To confirm that an order shipped via post has indeed been lost, we must wait 28 days, as most ‘missing’ items are located within the postal system within this period. It may also be advisable to contact your local sorting office to see if they are holding the parcel, having already tried unsuccessfully to deliver it to you.
We currently only ship within the UK.
3.6 Parts Used / Waterproofing
We always use original parts provided by the manufacturer if possible. However, we use high-quality OEM parts if the original parts are not available or do not fit our price structure. We can not guarantee that devices are waterproof after the repair of devices being initially waterproof.
3.7 Installation of Consumer Supplied Parts
The installation of consumer-supplied parts is offered. However, we can not guarantee or take liability for the fit and functionality of the said part. Therefore we refuse warranty service for products repaired with consumer supplied parts.
3.8 Unpaid Invoices
We may hold your Equipment until all charges payable paid.
Your equipment will be held for a maximum of 30 days after we have issued a proforma Invoice. We will make reasonable attempts to contact you by phone and email a minimum of 3 times. If no payment has been received within 30 days, your equipment will be will be recycled accordingly.
3.9 Diagnostics / Partial Repairs
The Diagnostic is quoted and charged separately if the cause for the fault is unclear and the cost would not be covered by the service charge due to the length of time required to complete a diagnostic on a particular item.
A Partial Repair is a promise to perform a repair on a certain part (e.g. power supply) of the device, which can be necessary to diagnose a device fully. However, we can not guarantee a full repair of the device after the partial repair has been completed. Partial Repairs and Diagnostics are non-refundable and will be billed separately.
3.10 Liquid Damage Repairs
Liquid damage repairs can be very temperamental and are carried out on a “best endeavours” basis. On occasions, the original fault can reappear after the item is repaired, and sometimes the defects can even get worse after a period of time.
3.11 Accessories, Games, Power Supplies
Please do not send any accessories (or Console games/disks) in with your repairs unless we have specifically requested them (e.g. for a power problem, we may require the charger or power supply). We cannot be held responsible for any loss or damage to accessories while in our possession (SIM cards, memory cards, chargers, boxes, cases, cables, mounts, etc.). On occasions, we may ask for certain accessories to be sent in after our initial diagnosis for further testing as they may be related to the fault.
3.12 User data and Information
We will do our utmost to retain any data on your item; however, we cannot be held responsible for lost data, including; Ringtones Photos & videos Contacts Saved game data (for Consoles), Favourites locations (for Sat Navs), Music (e.g. MP3), please ensure that you back up your item before sending it to us.
Payments are requested by email or phone once a repair has either been completed successfully or if the item has been deemed B.E.R. or you refuse a re-quote. Bank Transfer payments will be subject to a clearance delay of up to five working days. We accept Visa, MasterCard, Switch, Maestro, Solo, Visa Debit.
(a) Under the Distance Selling Regulations, you have the right to cancel your repair contract unless the repair process has started. If you would like to cancel your repair contract, please create a support ticket or call us on 0330 2233644 with your details.
(b) Repairs will be started after the diagnostic of your device unless you specifically ask us to delay the repair.
(c) If the diagnostic has been completed, but the repair process has not started, you will be charged the diagnostic fee at 3.2 and the return postage at 3.6 of our terms and conditions.
(d) Once the repair completed, you will be charged for the full repair cost. If the repair has only been partially completed, you will only be charged for the actual repair work completed.
(e) If you decide to cancel your repair before any work has been undertaken, only the return postage cost at 3.6 of our terms and conditions will apply.
(f) If you decide to cancel your repair, we will not be liable to pay for any postage/delivery costs you incurred in getting the device to us.
3.15 Repair Warranty
Repairs carry a limited 3-month or on purchase an extended warranty on replaced parts and labour except the following:
(a) liquid damage repair
(b) mainboard and PCB board repairs
(c) repairs with consumer supplied parts
(d) jack/plug replacements
(e) non-genuine Products
In the unlikely event, your item becomes faulty within the warranty period please request a Warranty Return to receive a free returns label.
We will investigate and respond within 3 working days. If the problem is related to the initial repair, we will carry out a further repair free of charge and return it at no cost. Has the item issues not related to the original repair, we will quote and contact you.
We will attempt a re-repair on your device TWICE after the initial repair. Should the item be still faulty, we will issue a refund (minus the service charge, postage, and any Express fee). Please note that we will need to see the item and make sure it is faulty before issuing a refund.
3.16 Warranty Limitations
Warranty service or Returned Merchandise Authorization under this limited warranty will be honoured only if claims are made and the faulty product has been returned within the warranty period.
SendMyRepair offers no warranty, either explicitly expressed or implicitly implied, for any pre-installed software, its quality, performance, functionality, or compatibility for a particular purpose. Nor does SendMyRepair warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free. Thus, the software is restored or installed ‘as is” unless otherwise explicitly stated in writing.
SendMyRepair reserves the rights to refuse warranty service of products under disputable conditions. SendMyRepair also holds the rights to declare final decision whether products are within warranty conditions.
The following actions and damages will result in voiding the limited warranty:
(a) Damage caused by the act of nature, such as fire, flood, wind, earthquake, lightning, etc.
(b) Damage or incompatibility caused by failure to perform a proper installation or to provide an appropriate operational environment for the product, including but not limited to unstable wired/ wireless network connection and phone lines, bad grounding, external electromagnetic fields, direct sunlight, high humidity, and vibration.
(c) Damage caused by impact with other objects, dropping, falls, spilt liquids, or submersion in liquids.
(d) Damage caused by unauthorised repair or disassembling of the product
(e) Damage caused by any other abuse, misuse, mishandling, or misapplication
(f) Damage caused by third-party peripherals (including but not limited to visible damages on the motherboard or other electronic parts of the product such as burn spots after electric discharge, melting, fusing, splitting, etc.)
(g) Any errors caused by software incompatibilities and viruses as well as unauthorised modification of built-in software (including BIOS).
(h) Deterioration due to normal circumstances, including the enclosures, diskette, manuals, and battery packs.
(i) The serial number of the product (or serial number stickers of its parts) has been modified, removed, blurred or damaged.
(j) Cracks/Physical damage and scratches on LCD or materials as well as other defects caused by transportation, handling or customer abuse.
(k) The availability of two (2) or fewer pixel defects on the display of the device, which is not considered to be a warranty failure according to the manufacturer’s policy.
(l) The effects of so-called “image sticking” and faults in brightness on LCD panels caused by fixed pattern pictures displayed for an extended period (longer than one day).
3.17 Limitation of Liability
The customer agrees not to hold SendMyRepair responsible for any loss of data or damage the device may have developed in the process of a repair, upgrade, transportation and/or any other services carried out. It is the customer’s responsibility to back up data before submitting a device.
We have many satisfied customers, and our complaint resolution system helps us to ensure that our customers are satisfied, even when things go wrong. If you have a complaint, please create a ticket below. Upon receipt of your complaint, we will investigate to see what went wrong so that we can resolve it to your satisfaction and avoid re-occurrence in the future.
We undertake to:
Acknowledge your complaints within five working days.
Advise you how long it will take to resolve the complaint.
Keep you informed throughout the process.
Terms and Conditions of Warranty Repairs
4.1 Agreement for repair
(a) The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your mobile telephone and/or any accessories listed overleaf (“Accessories”) on the service questionnaire form.
(b) Reference to “us”, “we”, and “our” refer to SendMyRepair and references to “you” and “your” are references to you, the person addressed on this form.
4.2 All repairs (unless otherwise stated)
(a) This Agreement shall commence from the date you sign the service questionnaire and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
(b) We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
(c) Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
(d) Items will be held for a maximum of 30 days after they are either repaired, deemed BER or requiring a requote. We will make reasonable attempts to contact you by phone or email a minimum of 3 times. If you have not made payment within 30 days, the item will be auctioned to recover our costs.
(e) If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
(f) We may, in certain circumstances, send your Equipment to another repair centre and sub-contract the repair work to a third party.
(g) All charges will be subject to VAT and any other government taxes or duties as applicable.
(h) The Collection and the return shipping of the device for free; however, postage covers the UK only. We can send repairs worldwide – but prices vary. Please contact us for a price before sending in a repair.
4.3 Additional terms of warranty repairs
(a) Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
(b) If your Equipment is beyond economical repair, we may, at our absolute discretion, replace your Equipment with a suitable equivalent rather than carry out repair works.
(c) If the nature of the repair falls outside the terms of your warranty or guarantee, “Terms And Conditions Of Repair And Servicing” apply, and you may incur a charge for the repair under the terms as set in clause 3.2.
(d) If you provide misinformation to SendMyRepair regarding the age of your device or purchase details, resulting in an expired warranty and we charge an £8.10 diagnostic fee plus shipping as in 3.5.
4.4 Additional terms for chargeable repairs
(a) If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty, offer you an Out-of-Warranty Repair and Terms And Conditions Of Repair And Servicing apply.
(b) If the cost of repair may not fall within our standard charges where we do not generally support the Equipment, Equipment repairs are sub-contracted, or the nature of the repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair, and we will not repair the Equipment until we have received your acceptance of that estimate.
(c) We will return your Equipment to you as is, and a service charge as in 3.2 (b) applies plus shipping as in 3.5 if no fault is found.
(d) We may keep your Equipment until all charges payable paid.
(a) Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited to the extent that the cause of action related to our supply of the Services, at our option to:
(1) supplying the Services again;
(2) payment of the cost of having the Services supplied again; or
(3) repay the amount which paid in respect of the Services.
(b) If, through our negligence or willful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
(c) Any data or information that you may have stored on the Equipment shall remain your sole responsibility, and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
(d) Nothing in this clause five shall apply to limit or exclude our liability for:
(1) death or personal injury resulting from our negligence;
(2) breach of any terms implied by statute;
(3) any claim arising under the Consumer Protection Act 2007; or
(4) fraudulent misrepresentation.
(e) In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
(f) Except as expressly provided in this Agreement, all representations, conditions, and warranties, whether express or implied (by statute or otherwise), are excluded to the fullest extent permitted by law.
(g) We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
4.6 Data Protection
We ask for your name and address and the other details set out overleaf (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By signing the questionnaire and using these Services, you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time, you should contact us in writing.
(a) We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
(b) Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
(c) This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
(d) This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
(e) If any part of this Agreement is found to be void or unenforceable, it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
(f) Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 2001.
SendMyRepair will not take responsibility for lost or damaged goods.
All items sent to or from SendMyRepair are made according to a shipment contract.
Before SendMyRepair receiving such items, the risk of loss and title for such items remains with the customer, which means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, SendMyRepair recommends that when sending items to us, you use insured and/or traceable methods of transit, such as Royal Mail Special Delivery or Recorded Delivery.
Claims on returned items for damage and part loss must be made within seven calendar days of the date of receiving, or no claim will be entertained. Royal Mail has no legal liability for any loss if at the time of the claim 80 days has expired from the date of posting. Royal Mail advises customers to claim as soon as possible after an event has occurred to enable enquiries to be made promptly.
Pictures of the damaged parcel and item are required for any claim.
Claims cannot be made for any cancelled repair requests and unrepaired returns.
5.2 Limitation of liability
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, concerning its accuracy. The website is provided on an “as-is” and “as available” basis without any representation or endorsement made. 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 non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely 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, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
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 products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
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 out of or in connection with the conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- Any loss of goodwill or reputation
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
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.
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 the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the 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.
5.6 Entire agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what you and Electronic.Partners are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions, and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
5.7 Applicable Law
By visiting Electronic.Partners, you agree that the laws of Seychelles, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and Electronic.Partners or its affiliates.
The registered company name and address are:
Aftermarket Services Corp
Global Gateway 8, Rue de la Perle
Providence, Mahe, Seychelles
Effective from September 2015