1. Agreement for repair
1.1 The terms set out in these Conditions of Repair ("Agreement") shall apply to the service we provide to repair your Apple iDevice. By placing an order, you accept our Terms & Conditions.
1.2 Reference to "us", "we" and "our" refer to the ELABParts Ltd Group (ELABParts Ltd, elabparts.com, appleipodparts.com, iphoneangels.co.uk, ipodtouchangels.co.uk) and references to "you" and "your" are references to you, the person addressed by this form.
1.3 Throughout this document Apple iDevice or iDevice will refer to one of the following; (Apple iPad, Apple iPhone, Apple iPod, Apple iPod Touch, Apple iPod 5th Generation Video, Apple iPod 6th Generation Classic & devices as they are released).
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you place your order and shall continue until we have repaired or otherwise returned your iDevice ("Services"), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your iDevice subject to the availability of any parts required. We shall perform the Services using our reasonable care and skill.ELABParts
2.3 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.
2.4 We shall notify you when the iDevice has been repaired and has been dispatched back to you / is ready to be collected from us.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will attempt to notify you immediately.
2.6 Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the iDevice is ready for collection. If the same fault should re-occur we will repair if free of charge. If the iDevice develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply
2.7 All charges may be subject to VAT and any other government taxes or duties as applicable to your home country.
3. Additional terms for chargeable repairs
3.1 If the repair to your IDevice is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
3.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
3.3 The cost of repair may not fall within our standard charges where the iDevice is not generally supported by us, iDevice repairs are sub-contracted or the nature of 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 iDevice until we have received your acceptance of that estimate.
3.4 Any orders that are cancelled before the iDevice is sent to the repair centre will incur a charge of £10.00 to offset acquisition, administration and processing charges. The balance of the order payment will be refunded within 10 working days.
3.5 Any iDevice that we believe is beyond economic repair (Inc Water Damaged Devices) or does not present a fault at the time of repair will be returned to the owner without repair and we will refund payment to a diagnostic fee of £19.00 (Inc Postage).
The balance of the order value will be refunded down to the diagnostic fee.
3.6 If we are unable to repair your iDevice, no fault is found on your iDevice or you do not accept our estimate, we will return your iDevice to you unrepaired and we reserve the right to charge you a diagnostic fee & return postage fee in accordance with our standard charges.
3.7 We may keep your iDevice until all charges payable have been paid. [We may also charge an additional fee for storage of your iDevice].
3.8 If your iDevice is of a counterfeit nature we will still attempt to carry out the repair however in most cases this will not be possible. In these circumstances we will return the iDevice to you however no refund will be payable.
3.9 If your iDevice has additional faults other than that paid for at the time of ordering we will still endeavour to complete the repair but there may be an extra cost and we will contact you with a quote. In some instances repair may not be possible. In these circumstances we will contact you to discuss your options.
4.1 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: (a) supplying the Services again; (b) repaying to you any amount that you have paid in respect of the Services.
4.2 If, through our proven negligence or wilful misconduct, we damage the iDevice beyond economical repair, our liability will be limited to the cost of repair or parts paid for.
4.3 Any data or information that you may have stored on the iDevice 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. Please back up your iDevice.
4.4 Nothing in this clause 4 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
4.5 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.
4.6 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.
4.7 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.
4.8 We do not warranty the product or service for any external agency outside of the ELABParts ltd group, such as Apple or 3rd party insurance companies.
4.9 We shall not be liable for any extra damage from due to the initial failure point. Such as failure of parts once the device is disturbed.
4.10 All of your devices previous warranties are voided once you agree to our service which conmmences on the date of payment to us and your accept all of terms and conditions This includeds any manufacturer warranty that is remaining on your device and manufacturer warranty seals (internally and externally) will be broken and voided during the service, diagnosis and/or repair.
4.11 Any device that has been subject to liquid damage or liquid penetration carries inherent risk for the service provider and the service provider accepts no responsibility or liability and will not be liable for any loss or further damage to the device or data on the device during the service, diagnosis and/or repair. This includes other components failing once they have been disturbed during the service, diagnosis and/or repair as liquid damaged components and devices can often function until being disturbed due to corrosion and damage caused by fluid but not fully accentuated until moved or disturbed ie. unplugged.
5. Data Protection
5.1 We ask for your name and address and the other details set out so that we can notify you when your iDevice has been repaired and so we can give you an efficient after-sales service. By using / requesting our Services you consent to our use of your Personal Information as described. If you do not wish us to retain any information for after-sales service you should write to us at ELABParts Ltd, Unit 10, Brooklands Court, Kettering Venture Park, Kettering, Northamptonshire, NN15 6FD.
6.1 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.
6.2 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.
6.3 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.
6.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
6.5 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.
6.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
6.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
1 Acceptance The Use Of ELABParts Ltd. Terms and Conditions
Your access to and use of iPhoneAngels - ELABParts Ltd. is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 Credit card details
All credit cards used on iPhoneAngels are secured by Sage Pay, a division of Sage (UK) Ltd.
All transaction information passed between merchant sites and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Encryption and Data Storage
Once on our systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign's Global Root certificate, making them all but impossible to extract. The data we hold is extremely secure and we are regularly audited by the banks and banking authorities to ensure it remains so.
Sage Pay’s systems are scanned quarterly by Trustwave which are an independent Qualified Security Assessor (QSA) and an Approved Scanning Vendor (ASV) for the payment card brands.
Sage pay is also audited annually under the Payment Card Industry Data Security Standards (PCI DSS) and is a fully approved Level 1 payment services provider, which is the highest level of compliance. We are also active members of the PCI Security Standards Council (SSC) that defines card industry global regulation.
The contents of iPhoneAngels - ELABParts Ltd. website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4 Change of Use
ELABParts Ltd. reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ELABParts Ltd. shall not be liable to you for any such change or removal and.
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 Links to Third Party Websites
iPhoneAngels - ELABParts Ltd. Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to ELABParts Ltd. or otherwise used by ELABParts Ltd. as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, ELABParts Ltd. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 ELABParts Ltd. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ELABParts Ltd. for death or personal injury as a result of the negligence of ELABParts Ltd. or that of its employees or agents.
You agree to indemnify and hold ELABParts Ltd. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ELABParts Ltd. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of UK and you hereby submit to the exclusive jurisdiction of the UK courts.XXX