TERMS of Sale

 

BACKGROUND:

 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Our Goods are sold and provided by Us through this website, shop.gadgetgogo.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering any Product or Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

 

  1. Definitions and Interpretation
    • In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”means a contract for the purchase and sale of Services, as explained in Clause 8;
“Order”means your order for the Services;
“Order Confirmation”means our acceptance and confirmation of your Order;
“Services”means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and
“We/Us/Our”means SJ Wilson Trading Ltd, a company registered in England & Wales under Company Number 11764500, and whose registered address is 27 Asplins Lane Offord Cluny, St Neots, Cambs, PE195RS, United Kingdom and whose main trading address is as above.
  1. Information About Us
    • Our Site, www.gadgetgogo.co.uk, is owned and operated by SJ Wilson Trading Ltd, a limited company registered in England & Wales under Company Number11764500, and whose registered address is 27 Asplins Lane Offord Cluny, St Neots, Cambs, PE195RS, United Kingdom. Our main trading address is as above.
    • Our business operates primarily through its website and piur main activity is the buying and selling of electronic gadgets to the general public as Consumers. If you are a Business or buy our Goods for use in the course of a Business, then you should refer to our separate Business Sales Terms.
  2. Access to and Use of Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
  3. Use of Site and Age Restrictions
    • Consumers may only sell or purchase Services through Our Site if they are at least 18 years of age.
    • None of the Services on Our Site may be purchased by anyone under 18 years of age. If you are under this age then you do not have capacity to form a legally binding contract for the buying and selling of goods. You should ensure that a Parent or responsible Guardian supervises your use of Our site and Services and authorise an account and transactions on your behalf.
      Business Customers
    • These Terms of Sale do not apply to customers purchasing Goods or Services in the course of business. If you are a business customer, please contact us to ask about Our Business Terms.
  4. Areas we sell to

5.1       Our Goods are normally only available in the United Kingdom. Customers from outside this area may order Goods or Services from Us but there may be additional postage shipping costs involved. You will not be covered by the “Cool Off” provisions of these Terms of Sale which are for UK and for EU                          Consumers only. If you are outside of the United Kingdom you should contact Us with your specific request and we will try to assist you. Additional Shipping, Freight, Customs Duties and Importation charges may apply and these are your sole responsibility.

  1. Services, Pricing and Availability
    • We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
    • Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
    • Where appropriate, you may be required to select the required goods you wish to purchase and refer to the description and details shown next to that item.
    • We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm stock availability until confirming your Order. Availability indications are not necessarily provided on Our Site and may not take into account orders that have been placed by other customers prior to or during your visit to Our Site.
    • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed regularly.  Any changes in price will not affect any Order that you have already placed.
    • Images of Goods are for illustrative purposes only. There may be slight variations between the image of a product and the actual product sold due to differences in computer displays and lighting. The actual packaging may vary, and due to the difference in your device screen resolution, colours and opacity may not look exactly the same as appears on your own PC or device.
    • All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 3 days, We will treat your Order as cancelled and notify you of the same in writing.
    • In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
    • All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  2. Orders for Goods & Buying Your Gadgets– How Contracts Are Formed
    • Our Site will guide you through the selection and ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.
    • No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept or decline.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).
    • Order Confirmations shall usually contain the following information:
      • Confirmation of the Services ordered including full details of the main characteristics of those Services;
      • Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
      • If we have agreed to buy your gadget or device the details of our offer to buy and any mailing instructions shall be given in our confirmation email. Your payment will be made when the goods are safely received and inspected for conformity to description, age and condition by us.
      • If in the case your device or gadget does not meet the description and condition of how you described it to Us, we will contact you to discuss this and revise our offer to buy it. If you agree a different cash figure then this is the amount which will be paid. If you decide you do not wish to accept a different value then your device or gadget will be returned to you without obligation on either part.
      • If we agree to buy your gadgets or devices, the title (ownership) of those Goods transfers to Us when they are received and accepted by Us. You are strongly advised to send any gadgets to us by recorded delivery service and take out the appropriate insurance for them. We will not accept any liability for gadgets or packages which are lost, stolen, damaged or otherwise interfered with and will not accept liability for non-delivery of those items to us. In such cases of loss or damage it will be your responsibility to claim from your insurer or courier service.
    • If We, for any reason, do not accept or cannot fulfil your Order for Goods, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
    • You may change your Order at any time before We begin providing the Services by contacting Us by emailing or contacting us.
    • If you change your Order, We will confirm all agreed changes in writing.
    • If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 11 and 12.
    • We may cancel your Order at any time before We begin providing the Services in the following circumstances:
      • The required personnel and/or required materials necessary for the provision of the Services are not available; or
      • An event outside of Our control continues for more than 7 days (please refer to Clause 16 for events outside of Our control).
    • If We cancel your Order under sub-Clause 8.9 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by that email.
    • Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Services.
  3. Payment
    • Payment for the Goods will be due in the form of an advance payment of the total price for the Goods. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
    • We accept the following methods of payment on Our Site:
      • Card Payment via our Payment Processing Supplier;
      • Direct Bank Transfer;
    • We do not charge any additional fees for any of the payment methods listed.
  4. Delivery, Risk and Ownership
    • All Goods purchased through Our Site will be delivered within the time period specified in your Order confirmation or by the date of any specifically agreed date/s. Title (or ownership) of the Goods transfers to you at the point that we or our Courier or postal service accepts them and delivers them to you.
    • If We are unable to deliver the Goods and/or Bespoke Goods by the delivery date, the following will apply:
      • If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, Our courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods and/or Bespoke Goods;
      • If you do not collect the Goods and/or Bespoke Goods or rearrange delivery within 14 days, We will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods. If this happens, in the case of Goods, you will be refunded the purchase price of those Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods and/or Bespoke Goods.
  1. Faulty, Damaged or Incorrect Goods
    • Our Goods are almost exclusively pre-owned and should not be compared with the same condition or standard you would expect from a new item of the same type. However, by law, We must still provide goods that are of satisfactory quality, fit for purpose, and as described at the time of purchase, in accordance with any pre-contract information We have provided (unless We have made you aware of any damages or afflictions). If any Goods you have purchased do not comply or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods and/or Bespoke Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Please note that if Bespoke Goods are incorrect as a result of you giving incorrect information rather than them not matching Our description, you will not be able to return those Bespoke Goods.  Otherwise, your available remedies will be as follows:
      • Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
      • If you do not wish to reject the Goods you may request a repair or replacement if such replacement is available. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods.
      • If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right to reject them in exchange for a refund.
      • You also have the option of our Warranty on the Goods and you should refer to our Warranty/ Guarantee policy for more information. This is included with your order.
    • Please note that you will not be eligible to claim under this Clause 11 if We informed you of particular fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them especially with ‘seconds’, sale or clearance items); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and/ or the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause merely because you have changed your mind.
    • To return faulty or broken Goods to Us for any reason under this Clause, please contact Us by email to arrange a return.
    • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 7 calendar days of the day on which We agree that you are entitled to the refund.
    • Any and all refunds issued under this Clause will include all delivery costs paid by you when the Goods were originally purchased.
    • Refunds under this Clause will be made using the same payment method that you used when making your Order. If that is not possible then we will make a refund using a different method you specify.
  2. Provision of our Services
    • As required by law, We will provide Our Services with reasonable skill and care, consistent with best practices and standards in the gadget resale market, and in accordance with any information provided by Us about our Services and about Us. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).  Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.  Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period.  We will use all reasonable endeavours to provide our Services with reasonable skill and care, commensurate with best trade practice.
    • We will make every reasonable effort to provide the Services in a timely manner and to complete them on time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 16 for events outside of Our control.
    • If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
    • In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt our Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting our Services.
    • If our Services are suspended or interrupted under sub-Clauses 10.6, or 10.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
  3. Your Legal Right to Cancel (Cooling Off Period)
    • If you are a consumer in the UK or European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract/ Order for any reason. This does not apply to Business Customers. This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed.  The period ends at the end of 14 calendar days after that date.
    • If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. You may do so in any way you wish.  Please note that the cooling off period lasts for whole calendar days.  If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.  If you would prefer to contact Us directly to cancel, please use the following details:
      • Telephone: <<insert telephone number>>
      • Email: sales@gadgetgogo.co.uk
      • Post: Gadgetgogo, 27 Asplins Lane Offord Cluny, St Neots, Cambs, PE195RS, United Kingdom.
    • We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
    • As specified in sub-Clause 10.1, if the Goods are requested within the cooling off period you are required to make an express request to that effect – this means if you agree to a quick purchase turnaround then you agree to the following;
      • If the Goods are posted within the 14 calendar day cooling off period, you will lose your right to cancel.
      • Refunds, where applicable, will be issued within 7 days and in any event no later than 14 calendar days after you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
  1. Cancellation After the Legal Cancellation Period
    • We regret that no cancellations can be made after the Goods have been mailed to you (at your request). You may however be entitled to cancel immediately by giving Us written notice in the following circumstances:
      • We breach the Contract in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing; or
      • We go into liquidation or have a receiver or administrator appointed over Our assets; or
      • We change these Terms of Sale to your material disadvantage; or
      • We are adversely affected by an event outside of Our control [that continues for more than 7 days (as under sub-Clause 16.2.5).
    • Eligibility for refunds may vary according to the Goods ordered. Some goods may be on a “Sold as seen” basis.
    • Any Refunds due will be issued to you within 7 days and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
  2. Our Rights to Cancel
    • We may cancel our Services after We have begun providing them due to an Event outside of Our control that continues for more than 7 days and we cannot supply our Goods to you. If you have already made any payment to us, such sums will be refunded to you.
    • We may cancel immediately by giving you written notice in the following circumstances:
      • You fail to make a payment by the due date as set out in Clause 9. This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 9.4; or
      • You breach the contract in a material way and fail to remedy the breach within 7 days of Us asking you to do so in writing.
  1. Problems with the Services and Your Legal Rights
    • We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via email.
    • We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

As a consumer, you have certain legal rights with respect to the purchase of Goods.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office (UK only).

  1. Our Liability
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We provide Goods for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a Consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office (UK only).
  2. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action or Lockdown restrictions, pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control
    • If any event is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms of Sale (and therefore the Contract) may be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods and resuming of Our Services as necessary;
      • If the event outside of Our control continues for more than 7 days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
      • If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so by contacting Us. In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
  1. Communication and Contact Details
    • If you wish to contact Us with general questions or complaints, you may contact Us by email or using our Contact Us page form.
    • For matters relating to Our Services or your Order, please contact Us by email at sales@gadgetgogo.co.uk.
    • For matters relating to cancellations, please contact Us by email.
  2. Complaints and Feedback
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
  3. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy and Cookie Policy, available at the footer of our Homepage.

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    • If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    • We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, these will be shown on our website as a new ‘V number’. These Terms are “V1”.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
    • If you are a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.