Toothbrushfixer.co.uk Terms & Conditions
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website and/or placing an order with Toothbrushfixer.co.uk, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you are placing an order through our website you agree to these terms and conditions.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2013 Toothbrushfixer.co.uk.
3.2 Subject to the express provisions of these terms and conditions:
(a) we own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Purchase and Payment Process
4.1 By purchasing one of the services offered on this website you are agreeing to these terms and conditions.
4.2 Should you be in possession of a valid voucher code you will be able to use this during the checkout process to obtain a discount on your order.
4.3 Payment for our service is due at the time of ordering and will be made via PayPal.
4.4 After successful payment and completion of the order an order confirmation email will be sent to you including instructions in case you have to send your device to us.
4.5 Toothbrushfixer.co.uk will perform the purchased service upon receipt of the device and return the device to you in a reasonable time frame. Processing times depend on total order volumes/capacity, complexity of work to be done but also a usual 24 hour deep-charge-cycle for most devices which is completed after servicing the device.
4.6 Toothbrushfixer.co.uk will return the device to you via Royal Mail Signed For (1st or 2nd Class) or an equivalent postal service.
5. Limited warranties
5.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
5.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
5.3 To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
5.4 Toothbrushfixer.co.uk is not able to offer a long warranty on the services offered as such due to the fact that we cannot take responsibility for things outside our control.
5.5. Nevertheless and despite point 5.4 we are happy to re-examine any customer’s device within 30 days of the customer receiving the serviced device in case:
(a) a fault has developed, and/or
(b) the customer believes a fault has developed.
5.6 Sending in the device to Toothbrushfixer.co.uk for re-examination will be at the cost of the customer and is non-refundable. Should a fault be found that is related to the initial service we reserve the right to provide a refund upon our discretion. If we find the device is working as intended no refund will be possible under any circumstances.
6. Limitations and exclusions of liability
6.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:
(a) are subject to Section 6.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
6.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. This includes charging equipment used by customers to charge serviced devices.
6.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
6.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7. Using our website
7.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
subject to the other provisions of these terms and conditions.
7.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
7.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
7.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
7.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
8. Registration and accounts
8.1 You may register for an account with our website by completing and submitting the account registration form on our website.
8.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
8.3 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
8.4 You do not have to register for an account to place an order through our website.
9. User IDs and passwords
9.1 If you register for an account with our website, we will provide you with/you will be asked to choose a user ID and password.
9.2 You must keep your password confidential.
9.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
9.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
10. Cancellation and suspension of account
10.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
10.2 You may cancel your account on our website using your account control panel on the website.
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Third party rights
13.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
13.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
14. Entire agreement
15. Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law.
15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.