Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
By purchasing or ordering Goods and/or Services from us, you agree to be bound by the terms and conditions set out below. You should ensure you print and/or retain a copy for future reference. Please read these terms and conditions carefully and make sure you understand them. If you have any questions regarding these terms and conditions, please contact us before you place your order.
Your attention is particularly drawn to clause 10 which contains important information about our liability to you.
means these terms and conditions, together with the documents referred to in them, as each may be amended from time to time in our absolute discretion and which will govern the contract between us and you when you place orders for our Goods and/or Services;
means any equipment you send to us or any equipment we send to you for the provision of Services under this Agreement;
means any products or other goods you purchase from us or offer for sale to us under this Agreement;
means any non-OEM parts or components purchased by us from a manufacturer in order to repair your Device under this Agreement;
means your order for the supply of Goods and/or Services;
means any services you order, purchase or otherwise ask us to carry out under this Agreement;
us / our / we
means “Rockt Science” or "Rkt SCi", the business name of registered sole trader William Olney whose office is a PRIVATE ADDRESS in Great Shelford, Cambridge, UNITED KINGDOM;
means the website or online page we operate located at www.rocktscience.co.uk or any associated or replacement website or online page operated by us from time to time; including third-party websites containing Pages operated and maintained by Rockt Science, namely www.facebook.com/touchrepairstudio;
No Fix Equals No Fee (“No Fix = No Fee”)
means all repair Services that you enter into this Agreement with are offered as a No Fix, Equals No Fee. If your Device is irreparable by Touch Repair within this Agreement we will not charge you the estimated fee. Your Device will be returned to you subject to all other clauses contained within these Terms and Conditions in the condition it was brought to us in.
2. INFORMATION ABOUT YOU
2.1 By placing an order with us, whether through our Website or otherwise, you warrant that you have read, understood and agree to the terms of this
Agreement and that you are:
2.1.1 a UK resident;
2.1.2 legally capable of entering into binding contracts; and
2.1.3 at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Each Order will be treated as an offer by you to purchase Goods and/or Services in accordance with this Agreement; unless
3.1.1 You are selling your Goods to us in which case the Order will be treated as an offer by us to purchase your Goods from you in accordance with this agreement.
3.2 On each occasion, the Order will only be deemed to be accepted and this Agreement will only come into effect when we dispatch the Goods or commence the provision of the Services whichever is the earlier.
3.3 You acknowledge that any automated acknowledgement given when you place an order via our Website shall not amount to our acceptance of the Offer.
3.4 We may (in our absolute discretion) limit, restrict or reject any Order at any time prior to this Agreement coming into effect. Where this happens, we will attempt to contact you using the information you provided to us. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe (in our absolute discretion) are making use of the Goods or Services for profit.
3.5 We reserve the right to refuse to process an Order for any reason including, but not limited to:
3.5.1 The wrong price or valuation has been displayed and selected on our website
3.5.2 You fail to meet any criteria for eligibility that we impose from time to time
3.5.3 You fail to submit all necessary details for us to process your Order
3.5.4 You fail to send us your Goods
3.5.5 If your Goods are not in the same condition that was selected when making your Order. In this instance we may, at our discretion:
188.8.131.52 Re-evaluate the Order price
184.108.40.206 Refuse the Order
3.5.6 The Goods sent to us is a fake, counterfeit, not genuine item
4. CONSUMER RIGHTS
4.1 If you are a consumer and place an Order for Services at a distance (for example via the telephone or internet) then you may cancel this Agreement within seven working days of placing the Order, except where we have started providing any part of such Services to you, which is calculated from the point a deposit request is successfully transacted by you.
4.2 You will not have any right to cancel this Agreement for the supply of our Goods or Services as part of our Unlocking Services.
4.3 This provision does not affect your other statutory rights as a consumer.
5. GENERAL TERMS
5.1 Repairs are carried out at the owner’s risk and Rockt Science or Will Olney cannot be liable for any underlying faults that manifest itself as a result of a repair being carried out, all faults on the item must be made clear before repair commences as we will not be held responsible for item faults we are not told about at the time of booking in the repair, once you sign the Intake Form or transfer a deposit for parts you are agreeing to these conditions completely.
5.2 Liquid damage repairs carry no warranty whatsoever and require payment up front, successful or not. Some liquid damaged phones appear to be working, this is due to corrosion on the components (resistors) when the components (resistors) are shorting together, the engineer cleans the board it may remove the short circuit and may result in the handset no longer powering up at all. Most mobile phone manufacturers do not entertain any form of repair on liquid damaged handsets.
5.3 The service and the materials are provided by Rockt Science or Will Olney on an “as is” basis, and Rockt Science or Will Olney expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the service or any materials and products.
5.4 In no event shall Rockt Science or Will Olney be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials parts and the products.
5.6 Rockt Science or Will Olney does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Rockt Science or Will Olney for any products or services purchased from exceptional electronics ltd.
5.7 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.
5.8 We shall notify you when the equipment has been repaired or is un-repairable and is available for collection. If you do not collect the equipment within 60 days, we will dispose of the equipment. any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.
5.9 We will do our best to complete your Order in a timely and efficient manner but any estimated time frames for any delivery of the Goods and/or completion of the Services are estimates only and delays may arise as a result of matters outside of our reasonable control.
5.10 All our repairs carry a 14 day warranty on parts for manufacturing defects.
6. PRICE AND PAYMENT
6.1 The price of the Goods and/or Services shall be our estimated price or, where no price has been estimated (or an estimated price is no longer valid), the price of which we inform you prior to accepting your Order.
6.2 All prices are inclusive of VAT at current rates unless stated otherwise.
6.3 You shall provide payment prior to us providing you with the Goods or Services (as applicable) in the form of a deposit transfer unless otherwise agreed by us in writing.
6.4 Deposits are non-refundable and are paid prior to the Service commencing. In the event that the Service is no longer required before the device is collected or dropped off, it is up to the discretion of the manager to offer up to 75% the value of the deposit in Store Credit.
6.5 We reserve the right to sell your Device to recover our costs in the event that payment for any goods or services remains outstanding for more than 30 days. Any money received in excess of our costs will be returned to you and any shortfall will remain due from you.
6.6 If you fail to make any payment on the due date then, without prejudice to any other right or remedy we may have, we will be able to cancel this Agreement or charge you interest (before and after any judgment) on the amount unpaid, at the rate of two per cent per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
6.7 All payment methods other than cash may be subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any failure of such checks or authorisation.
6.8 Any Goods will be your responsibility from the time of delivery and ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
7. SENDING AND RETURNING YOUR DEVICE
7.1 Where applicable, you agree to send us your Device so that we can perform the Services you request in the Order.
7.2 Please do not send any accessories with your Device unless we have specifically requested them. We cannot be held responsible for any loss or damage to accessories whilst in our possession, including (but not limited to) SIM cards, chargers, boxes, cases, cables and memory cards.
7.3 A £10 administration fee will be charged if you send us a different model of Device to the model stated in your Order.
7.4 We accept no liability for any Device or other items that are lost or damaged in the postal or courier system which includes, but is not limited to, our 'Express’ service and our ‘Tracked' service.
7.5 We accept no liability for any loss should you provide us with an incorrect delivery address for return postage. You should notify us immediately if you have made a mistake or need to change your delivery address.
7.6 If we attempt to redeliver your item and it is returned to us, we will contact you to arrange another delivery. This will incur an £8 administration charge plus any additional charges for each additional redelivery.
8. OUR WARRANTY & REFUND POLICY
8.1 As set out in clause 4, if you place an order via our Website, in person or via Social Media, you have a legal right to cancel this Agreement in certain circumstances. We may also offer a refund in the following situations:
8.1.1 Goods (excluding Service Repairs)
(a) In the unlikely event that the Goods we have provided are defective or become faulty within the first 30 days of us completing the Sale, please contact us first to see if we can resolve the problem.
8.2 Except as set out in clause 8.3, you will receive a full refund of the price paid for the Goods and any applicable delivery charges, but not the cost of returning any Goods to us (if applicable), as soon as possible and in any case within 30 days of the day on which you notify us.
8.3 If you return defective Goods to us and we (in our absolute discretion) agree they are defective, we will refund the price of the defective Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.4 You must return the Goods by sending them to Rockt Science (PRIVATE ADDRESS - PLEAS ENQUIRE). It is your responsibility to ensure that the Goods are received by us and we recommend using a tracked service.
9.1 Any Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods.
9.2 Any Services we carry out for you are guaranteed for 14 days from the date stated in our invoice to you. If the Device develops an additional fault unrelated to the provision of the original Services, this guarantee will not apply.
9.3 Our warranty only covers parts used in a repair, customisation or other Service provided by us, it does not include the Device as a whole, any further damage to the Device or any part(s) of the Device; improper fitting of parts by you; or any accidental damage, abuse, misuse, improper care or alteration.
9.4 An administration fee of £8 will be charged if you send us your Device under a claim against our warranty and we find (in our absolute discretion) such a claim is not valid and have to return your Device to you.
9.5 These rights are in addition to your legal rights in relation to Goods and Services which are faulty or which otherwise do not conform to the legally required standard.
9.6 Your warranty with the original manufacture is void when we carry out a repair on your Device and you accept fully that your Device will not be restored to it's original condition
10. OUR LIABILITY
10.1 You acknowledge that when we carry out Services on your Device, it will void your warranty with the manufacturer and when we replace certain parts the serial numbers on these parts will no longer match the original parts. You agree that we will not be liable for any loss or damage caused by this.
10.2 We will not be liable under this Agreement for any loss or damage caused by circumstances where:
10.2.1 there is no breach of a legal duty of care owed to you by us;
10.2.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
10.2.3 any loss or damage results from the breach by you of any term of this Agreement.
10.3 Our liability shall not in any event include any loss of data, profits, business, custom, time, anticipated savings, income, revenue or anything else of a similar nature.
10.4 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees, or limit your rights as a consumer under applicable UK law.
10.5 You acknowledge that when we carry out Services on your Device we carry out our full diagnostics which includes testing each and every feature of your Device. This includes but is not limited to the phone app, camera app, voice control app, music app, iTunes app and settings app.
10.6 We will not be held liable under this Agreement for any loss or damage caused by circumstances where:
10.6.1 the carrier lock status of your Device is altered or changed when in our possession. This is particularly relevant and not limited to the purchase of a 'soft unlocked' Device from a distributor other than Apple.
10.7 Liquid damage repairs carry no warranty whatsoever. SOME LIQUID DAMAGED PHONES APPEAR TO BE WORKING, THIS IS DUE TO CORROSION ON THE COMPONENTS (RESISTORS) WHEN THE COMPONENTS (RESISTORS) ARE SHORTING TOGETHER, THE ENGINEER CLEANS THE BOARD IT MAY REMOVE THE SHORT CIRCUIT AND MAY RESULT IN THE HANDSET NO LONGER POWERING UP AT ALL. MOST MOBILE PHONE MANUFACTURERS DO NOT ENTERTAIN ANY FORM OF REPAIR ON LIQUID DAMAGED HANDSETS.
10.8. Our Service and Materials are provided on an "AS IS" basis, and Touch Repair expressively disclaims ANY AND ALL warranties, expressed or implied, including, without limitation, warranties of MERCHANTABILITY and fitness for a particular purpose, with respect to the Service or any Materials or Goods.
11. IMPORT DUTY
You will be responsible for payment of any import duties and taxes if you order Goods and/or Services for delivery outside the UK and 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.
12. WRITTEN COMMUNICATIONS
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.
13.1 All notices given by you to us must be given to Will Olney, or by email to email@example.com.
13.2 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 12 above.
13.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter.
14. EVENTS OUT OF OUR CONTROL
If either of us cannot fulfil an obligation under this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
15. OUR RIGHT TO VARY THIS AGREEMENT
We have the right to revise and amend this Agreement from time to time and you will be subject to the policies and terms and conditions in force at the time you place your Order, unless any change to the Agreement in force at that time is required to be made by law.
16.1 This Agreement constitutes the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
16.2 If any of the terms of this Agreement are found to be invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.3 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not exercise any of our rights or remedies under this Agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any part of this Agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.4 This Agreement is between you and us and a person who is not party to this Agreement shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
16.5 This Agreement shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
16.6 We are not obliged to complete an Order with you in accordance with these Terms & Conditions if we become insolvent, enter into an arrangement with administrators or if anything similar occurs. Our contract with you will end immediately.
16.7 Our Services and Order processing is reliant on third parties which have their own processes and times which are out of our control. This includes but is not limited to courier companies, postal services, banks, third party software companies and PayPal. We will not be liable for any delay in receipt of a Service or Payment due to delays, action or inaction with any third party.
17. GOODS GRADING
17.1 Each Goods that have been offered to us to purchase from you must match the make, model, capacity and match following conditions:
17.1.1 The Goods must be fully functional and include all of the physical parts, fully assembled in full working order. There must:
220.127.116.11 Be no water damage
18.104.22.168 All parts including the screen must be fully functional with no physical damage including scratches
17.1.2 The Goods must be fully functional with only the faults selected. If there are any further faults then Terms & Conditions 3.5 may come into effect. There must:
22.214.171.124 Be no additional damage to the faults selected when placing the Order
126.96.36.199 Be no missing parts including but not limited to screws
188.8.131.52 Be no water damage
184.108.40.206 If the screen or any part is functional but damaged then it must be selected as a fault when placing the Order. This is including but not limited to scratches or cracks in the glass screen, back cover or LCD screen
220.127.116.11 All parts must be present
17.1.3 The Goods can be non-working. If any parts are missing then Terms & Conditions 3.5 may come into effect. There must:
18.104.22.168 The IMEI number must not be blocked, barred, involved with a legal claim for compensation
22.214.171.124 All parts must be present
17.2 If the incorrect condition, make, model or capacity has been chosen we will re-evaluate and quote a revised price for the Order. You have 7 days to respond to this from the date that the revised quote has been sent. Failure to accept or refuse the revised quote within 7 days will be taken as your acceptance of our revised offer and we will process the Order as normal.
17.3 It is your responsibility to cancel any airtime contract you have that is linked to any Goods before sending it to us. We are not responsible for any costs arising from your contract before or after receipt of your handset.
17.4 By sending us your Goods you agree to release us from any and all claims, losses and damages with respect to the Data stored on the Goods. We accept no responsibility in relation to the Data which includes but is not limited to the security, confidentiality, protection or use of such Data.
17.5 Stolen and blocked Goods will be refused. We support and adhere to a code of practice set by the Home Office and National mobile Phone Crime Unit to ensure stolen and blocked Goods are not recycled. We check the IMEI number of each and every Goods that are offered for sale to us. If the IMEI number of the Goods are blocked then it is your responsibility to contact CheckMEND ( www.checkmend.com ) and prove that you are the rightful owner and get the Goods unblocked. If the Goods are unblocked within 28 days the Order will be processed as normal. if the Goods are still blocked after 28 days we will be required by law to dispose of it. You will be required to cooperate and give us and any authorities assistance if we or any authorities request.