BizziMobile Terms & Conditions of Business
In these terms and conditions of business 'Company' means 'G3M Solutions Limited'. Of 'Thorlands',
Farnham Lane, Haslemere, Surrey GU27 1EZ, Tel: 0203 287 1420. 'Customer' means
the customer whose name appears on the Quotation or Order and Invoice. 'Products'
mean and include any product or service sold by the Company to the Customer pursuant
to the Quotation.
The Company gives notice that unless expressly
agreed in writing all Contracts for the sale of Products are subject to these Terms
and Conditions of Business to the exclusion of all other terms inconsistent therewith
and all offers and acceptances are to be construed accordingly. Any offer by the
Company shall be deemed to have been withdrawn should a counter offer be made which
is inconsistent with these Terms and Conditions. This condition does not affect
extant statutory rights.
The Company provides access to the BizziMobile.com
website (the 'website') and sells the Company's products
and services to the Customer subject to the
conditions set out hereunder.
The Company reserves the right to refuse access to the website, terminate accounts,
remove or edit content or cancel orders at its discretion. If the Company cancels an order, it will be
without charge to the Customer.
The Company undertakes
that any personal information gathered from and provided by the Customer via the
website is obtained and held solely to enable the Company to provide the Customer
with a robust and rich user experience. The Company will hold the Customer's delivery address(s) which is captured during payment processing from PayPal or Google Checkout.
The Company will not hold on record any credit card or other payment related information.
The Company will send
the Customer an e-mail
confirming receipt of its order and containing the details of that order. The
order represents an offer to us to purchase a product which is accepted by the Company when it sends e-mail confirmation to The Customer that the
products have been despatched.
The Company undertakes
that in the event that the Customer's account is inactive for a period of 12 months,
it will remove any personal information held on the Customer and will put the Customer's
account on hold and will notify the Customer by email that it has done so The Customer
may a re-activate the account, by re-entering its personal details.
The Company reserves
the right (but not the obligation) to remove or edit any content entered onto the customer forum irrespective
of the source.
The Company undertakes
to endeavour to ensure that product information published on the website is accurate,
but does not accept any responsibility for consequential losses arising from errors in these details, howsoever they arise, beyond the negation the sale. Due to the
volume of products, reviews and comments, it is not always possible for us to be aware of the full contents
of each product listed for sale, or each comment or review that is displayed. Accordingly,
BizziMobile.com operates on a "notice and takedown" basis. If a Customer or User of the website believes that any content on the website contains a defamatory statement, The Customer or User should notify the Company
by email and the Company will then investigate the notification.
The Customer agrees to accept responsibility
for all activities that occur under its account credentials and to
take all
necessary steps to ensure that its password entitling it to access the
website is kept confidential and secure and to inform the Company immediately if
the Customer has any reason to believe that its password
has become known to anyone else or used without the Customer's knowledge and consent.
The Customer will ensure
that the details it provides to the Company are correct and complete and will inform
the Company immediately of any changes to these details that it provided when registering. The Customers can access and update
much of the information it provided to the Company
within the My Account area of the website.
The Customer accepts
that the Company endeavours to ensure the availability of the website at all
times and that in circumstances beyond the Company's control, or during periods of update or maintenance, the site may not be always be available.
The Customer agrees to
communicate
with the Company electronically via the website and that
all agreements, notices, disclosures and other communications that the Company provide to the Customer
electronically satisfy any legal requirement that such communications be in
writing.
The Customer undertakes not
use the website in
any way that causes, or is likely to cause, the website or access to it to be
interrupted, damaged or impaired in any way.
The Customer agrees that
it is responsible for all electronic communications and content
sent from its computer to the Company via the Website and that the Customer may only use the website for lawful purposes.
The Customer agrees to
be respectful
and considerate within the Forum and accepts that any malicious comments or abuse emanating from the Customer will result in its account being suspended or removed completely.
The Customer undertakes
not use the website
in a way that might constitute
offence to others, fraud, breach of copyright, trademark,
privacy or any other right, and that it will not
it use the forum to advertise or solicit business, distribute spam, viruses, or any obscene or menacing software, images, or comments.
Users of the website forum
may post reviews and comments and other content, send communications
and submit suggestions, ideas, comments, questions or other information, provided that the content is not illegal, obscene, abusive, threatening, defamatory, invasive
of privacy, does not infringe intellectual property rights, or is otherwise injurious to
third parties, or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of 'spam.' Users may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of any content.
Intellectual Property and Copyright
A
ll content included on
the website such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data and software, is the property of G3M Solutions Limited,
its affiliates or its content suppliers and is protected by
United Kingdom and international copyright law.
No extraction or utilisation of
any content of the website may be made without the express written permission of G3M Solutions
Limited.
If a Customer or User of the website
believe that its
intellectual property rights have been used in a way that gives rise to concerns
of infringement, the Customer or User should contact us immediately.
Any content posted by the Customer
on
the BizziMobile.com forum or elsewhere may be used by BizziMobile.com or G3M Solutions
Limited royalty free.
The contract -
when a
Customer places an order to purchase a product through BizziMobile.com the contract
is with the Company, G3M Solutions Limited
Shipping and Returns
Visit our Shipping and Returns
policy page for full details. Any claim regarding errors in goods, products, services despatch
or invoicing shall be made by the Customer within fourteen days of receipt or despatch. Thereafter such claims shall be deemed
to be waived by the Customer and shall be absolutely barred.
Prices
are quoted in pounds sterling and are those ruling at the date of Quotation.
Prices shown in other currenceis are indicative only, all purchases will be confirmed
in pounds sterling only. The
Company reserves the right to invoice any Product at the price ruling at the date
of delivery. All prices are quoted on the basis of the rates of exchange extant
on quoting (Sterling or US dollars).
If the rates of exchange
alters significantly between the date of the Order and the date of despatch the price may, at
the Company's discretion, be adjusted accordingly. Any tax or duty (however described) now or at any time payable (other than
taxes on or measured by the income of the Company) shall be for the account of the
Customer and recoverable by the Company from the Customer accordingly. Prices quoted are exclusive of any import duties, tariffs and taxes arising
in the country of delivery.
Occasionally, it is possible
that a product maybe mispriced. The Company endeavours to verify at the time of dispatch
that
the price is correct. If a product's correct price is lower than the quoted
price, the Company charges the lower amount and despatches the product. If a product's correct price
is higher than the quoted price, The Company will, at its discretion,
either contact the Customer
for instructions before dispatch or cancel the order
and notify the Customer accordingly.
Delivery - despatch and
availability information provided through the website are estimates. As the Company
process an order, it will inform the Customer by e-mail if any products ordered
turn out to be
unavailable or on extended delivery.
Customs
When ordering goods from BizziMobile.com for delivery overseas, the Customer may be subject to import duties and taxes,
which are levied once the package reaches the specified destination. Any additional
charges for customs clearance must be borne by the Customer. If a
Customer is in any doubt as to
what duties and taxes will apply, it should contact
its local customs office.
Service Alterations or Changes to Conditions
The Company reserves the right to
make changes to the website, policies, and these Terms and Conditions of Business
at
any time. The Customer will be subject to the policies and Conditions of Conditions of Use
& Sale in force at the time that it uses the website or order goods through
it, unless any change to those policies or these conditions is required to
be made by law or government authority (in which case it will apply to orders previously
placed by The Customer).
If any of these conditions
is deemed invalid, void, or for any reason unenforceable, that condition will be
deemed severable and will not affect the validity and enforceability of any remaining
condition.
Force Majeure The Company's
responsibility under the Contract shall be null and void if non-performance is due
to any cause beyond the Company's control including Act of God, import/export restrictions,
war, civil commotion, Government regulations or directions, embargoes, explosions,
riots lock-outs, strikes, labour disputes, illness, floods, fire, storm, tempest,
shortfall in the Company's anticipated supply of power, labour transport or materials,
or loss or damage to goods or premises of the Company or any supplier or carrier. The Company at it's option may treat
the Contract as suspended during the operation of such cause or may at any time
during such operation give notice to the Customer that the Contract be treated as
discharged forthwith but without prejudice to any rights already then accrued by
either party against the other.
LAW AND JURISDICTION
These conditions
are governed by and construed in accordance with the laws of the
United Kingdom. The Company and the Customer agree to submit to the jurisdiction of the Courts
of the United Kingdom
.
Waiver by the Company
of any breach of any term of the Contract shall not operate as a waiver of any other
breach of that or any other Contract nor shall a delay or omission on the part of
the Company to avail itself of any right under the Contract operate as a waiver
of any such breach.The exercise of
any right or remedy shall not be treated as a waiver of any other right or remedy,
Notices Any notice or
notification given hereunder shall be sufficiently given if addressed to the other
party at its registered office or at its address as stated in the Quotation or Order
form herewith and sent by recorded delivery post or receipted e-mail. Such notice or notification shall until the contrary be proved be deemed
to be given at such time as it would have arrived in the ordinary course of post.
This condition does not affect statutory rights.
GUARANTEE AND LIABILITY
The Customer accepts that the express benefits of the Guarantee hereunder represent
the total responsibility of the Company to the Customer and that (without prejudice
to the generality of the foregoing) such benefits and remedies are given and accepted
to the exclusion of all other conditions and warranties express or implied as to
description, condition, quality, merchantability or fitness for any particular purpose
whether or not made known to the Company of any Product. The liability of the Company to the Customer in respect of the consequences
of the breach or non-performance of the Contract in respect of any Product shall
be limited to the repayment of the price of the Product. Where the Product comprises
or includesoriginal design, development
and/or production the Customer shall accept sole responsibility as to the correctness
and suitability of the Product for any purpose and all liabilities arising out of
the use of such Product.
Conditions Of Guarantee
The Company's Products are guaranteed against defective parts or faulty workmanship
for a period of six months.The Company
undertakes subject to the following conditions on return of the alleged defective
part or parts to the Company's designated address, to examine it and should any
fault due to defective materials or workmanship be found upon examination by the
Company, the Company will repair the defective part or supply a new one in place
of same free of charge.
-
The warranty is limited to offering new or repaired
products which may be taken either at the Company's works or accepted
by the Customer carriage forward and it does not include the removal and fitting
of such part or parts.
-
No claim can be accepted for damage due to wear
and tear, misuse, neglect, dirt, accidents, overloading or any
similar cause, and the judgement of the Company in all matters relating to a claim
shall be final and conclusive and the Customer agrees to accept the Company's decisions
on all questions as to defects and to the exchange of any part or parts.
-
The foregoing warranty is rendered void in any
of the following circumstances occur:-
- If any seals, safety devices, identification or instruction
plates are broken or removed from the Product.
- If the Product is worked beyond its rated capacity
-
If any parts or accessories other than those approved by the
Company or manufacturer
have been fitted to the Product.
-
Change of ownership of the Product.
Our Details
If you have any questions regarding the above terms please contact us in writing at the address below.
G3M Solutions Limited
4 Thorlands
Farnham Lane
Haslemere
Surrey
GU27 1EZ