(available on IYONIX Limited's website and sent with all web, telephone and faxed Formal Acceptance on an Order)
These Terms and Conditions are effective from 8th August 2006 until further notice.
Your purchase whether through a IYONIX Limited website or a IYONIX Limited telephone call centre, is subject to these Terms and Conditions. Please read them carefully as they contain very important information about your rights and obligations, as well as warranty limitations that may apply to you.
The acknowledgment of receipt of an order shall not constitute acceptance of an order.
A binding contract will only be formed upon IYONIX Limited giving notice of its Formal Acceptance of an Order.
1. Parties and Definitions "We", "Us" or "Our" means IYONIX Limited who is the seller of products and/or services. IYONIX Limited is a company registered and established in England, whose company registration number is 5569912. Our registered office is at Middleborough House, 16 Middleborough, Colchester, CO1 1QT. IYONIX Limited can be contacted by e-mail at sales@iyonix.com, by phone on 0870 383 4543 or by fax on 0870 705 8879. IYONIX Limited's VAT number is GB884942374. "You" or "Your" means you if you are a consumer customer, buying for purposes not related to your trade, business or profession. "IYONIX Limited websites" are the following websites www.iyonix.com and https://secure.IYONIX Limited.org where all orders are handled in a secure manner.
2. Changes to IYONIX Limited's Terms and Conditions
We may amend these Terms and Conditions from time to time. New orders will be subject to any revised Terms and Conditions. However, contracts concluded on the basis of previous terms and conditions remain unaffected.
3. Product information and availability changes
Due to the nature of continuous technology developments IYONIX Limited may update, revise and/or discontinue products at any time.
All orders are subject to the availability of products from our suppliers. Out of stock items will be shipped on a "first come, first served" basis when they come back into stock.
All monitor screens are measured diagonally and may not be the full visible screen. All monitor screen images are simulated pictures.
In common with standard industry conventions all hard disc drives are specified in rounded decimal gigabytes (where 1 GB = 1,000,000,000 bytes). RISC OS and other operating systems display rounded binary gigabytes, after formatting (where 1 GB = 1,073,741,824 bytes).
4. Prices
IYONIX Limited may revise prices for products listed as available on IYONIX Limited websites at any time. A price remains valid only for the duration of the day of your visit to our website or the day on which you call our call-centre.
Any incorrect prices on IYONIX Limited websites shall be void and of no effect. If you place an order for incorrectly priced products, the correct price will be notified to you and, if you wish to continue with the order, substituted in place of the incorrect price.
Sometimes prices may change rapidly before we can update our website or other price lists. In these rare cases we will notify you of any changes and you can then decide whether you wish to continue with the order.
In all cases the Final Price will be as detailed on our Formal Acceptance of an Order which will be sent to you within 3 working days of placing an order with us. Our Final Price includes delivery and/or handling costs, transport insurance and VAT for shipment to a mainland UK address (excluding the Scottish highlands), there are no hidden extras.
Please see section 7 for details of our delivery charges for orders to be delivered outside mainland UK (including the Scottish highlands).
Orders outside the EU may attract local duty and other local taxes, levies or charges.
5. Terms of Payment
IYONIX Limited accepts payment by approved credit card or bank transfer. IYONIX Limited does not accept other means of payment (e.g. cheque) without our prior agreement through our telephone call-centre or otherwise. Payment options may vary from country to country.
For credit card payments, you must provide your valid credit card number and other requested details either in the relevant purchase "check-out" section of the relevant IYONIX Limited website or to the telephone call centre agent. IYONIX Limited will attempt to verify the validity of the credit card with the card's issuer and may convey acceptance of the order (as set out below) to you if the credit card is accepted.
IYONIX Limited will charge credit cards on shipment, after a Contract has been concluded (i.e. after IYONIX Limited has verified Product availability and accepted the Customer's order and payment method).
6. Order Acknowledgment, Order Acceptance, Contract formation
We want to make sure that we can supply the product that you have ordered. So within 3 working days from the time that you placed your order we will dispatch to you, either by e-mail, fax or post, a Formal Acceptance of an Order detailing your order and the Final Price.
Our contract with you is dependant and conditional upon IYONIX Limited's verification of availability and acceptance of both your order and your credit card or other payment details. Where you have elected to make payment other than with a credit card (and we have accepted that payment option), we are entitled to consider an order or contract cancelled, with or without notice to you, if we do not receive that payment within 10 days of the dispatch of the Formal Acceptance of an Order.
We recommend that you retain a printed copy of these Terms and Conditions with a copy and/or note of your order, order acknowledgment, Formal Acceptance of an Order, payment method acceptance and invoice as evidence of purchase.
7. Delivery
Delivery charges within the UK mainland (excluding the Scottish highlands) are displayed on our Website. Charges to other destinations will be subject to additional charges and these will be listed on the Formal Acceptance of an Order. IYONIX Limited will use its discretion in selecting a reputable carrier and appropriate means of delivery.
IYONIX Limited aims to deliver promptly. However, because of supply problems there may be reasons for IYONIX Limited's inability to ship according to our target dates. Accordingly, any dates given by IYONIX Limited for the delivery of products are estimates only and may be delayed by a few days.
However, you have the option of cancelling your order at any stage prior to despatch of your products by IYONIX Limited. You may also have a right to return products after they have been delivered (see 'Your Right to Cancel' below).
If your order cannot be delivered by any estimate or target agreed to by IYONIX Limited, we will suggest another date or you may elect to cancel the order and we will refund any money paid by you.
8. Software Licences
All software, including pre-loaded software contained in hardware products, is licensed to you subject to the relevant software end-user licence agreement or other terms included with the software and/or with the product. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.
Where individual software licence terms are not supplied, such as pre-installed software on the hard drive of a computer, the software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying product.
If you do not accept the terms of any applicable software licence you should return the products unused and "as new" in accordance with, and within the time period set out in, paragraph 10 below. Note: to qualify for a refund any licence seals or shrink-wrap coverings of any software must not be opened.
9. Your Acceptance of Products
Please check your delivery as soon as possible and notify us of any deficiency or defects immediately.
10. Your Right to Cancel
You may cancel the contract for the purchased products for any reason for a full refund of the price actually paid within 7 working days. This period starts on the day following the day you receive the order. Please use the address at the beginning of these Terms and Conditions. We recommend that you use a method of Recorded delivery when notifying us that you wish to Cancel an order.
To ensure any return is handled by us as quickly as possible please contact IYONIX Limited for a return reference number on 0870 383 4543 (+44 870 383 4543) or fax 0870 705 8879 (+44 870 705 8879).
To enable us to speedily process your cancelled order it would be helpful if the returns number is clearly marked on the outside of the parcel and a copy of your IYONIX Limited invoice is enclosed with the returned products.
Please return the products in suitable packaging, preferably the original packaging supplied to you. The products must be returned in an "as new condition" with all component products, parts, accessories, warranty cards, manuals and other documents and items.
To enable us to refund you as quickly as possible please notify us when we can arrange for the parcel to be collected and make sure that the parcel is available for collection. A charge equal to the delivery charge will be made by us to collect the parcel.
IYONIX Limited retains the right to refuse to refund the product price or deduct an appropriate amount from any payments to be refunded if:
11. Data Protection and Privacy
General - data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms notified in the Personal Data" (or similarly entitled) section of the IYONIX Limited website order submission form or the telephone call centre ordering process.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.
In certain circumstances IYONIX Limited may seek additional personal information such as
photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to IYONIX Limited it shall also be regarded as "Personal Data".
12. Export Control
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations. Selling these products may be subject to export controls.
13.Statutory Rights
These Terms and Conditions do not affect (and should not be read to affect) your statutory rights if the goods are not of satisfactory quality as described or fit for purpose.
Copyright (c) 2006 IYONIX Limited
Document No 290502000033 Issue 3 - 8th August 2006