- FORMAT OF THE CONTRACT
- DESCRIPTION AND PRICE OF THE GOODS
- SALES, DISCOUNTS AND GIFTS
- SEASONAL SALES
- BARGAIN CORNER ITEMS (REFURBISHED GOODS)
- PRE-ORDERS AND DEPOSITS
- PROCESSING, DISPATCH, COLLECTION AND DELIVERY
- PROCESSING INFORMATION
- DISPATCH AND DELIVERY
- HARDWARE-SPECIFIC WARRANTY CLAIMS
- CANCELLATION AND RETURNS
- TITLE FOR BUSINESS CUSTOMERS
- LIMITATION OF LIABILITY
- USAGE OF PRODUCTS/CONTENT LIABILITY DISCLOSURE
FORMAT OF THE CONTRACT
- These terms of sale apply to all goods supplied by Entertainment Gadgets ltd DBA DroiX Global, with the registered office at Unit 54C North Woolwich road, London (the Supplier).
- In the set forth contract, references are to: We (Entertainment Gadgets ltd DBA DroiX Global) are the Supplier, and you (the Customer)
- No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
- By way of clarification, an acknowledgement of your order will be sent to you via email when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance email. It is at this point that a binding legal contract is created, and any contract is subject to the following Terms and Conditions.
- To order goods through the DroiX Global website you must be at least 18 years of age. The Supplier will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
- DroiX Global gives no assurance as to the mutual compatibility of components sold on any single invoice.
- It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended.
- Advice sought by the customer from the Supplier in this respect may be given but cannot be relied upon by the customer or guaranteed by the Supplier unless the Supplier has access to the working system and the ability to carry out a full inspection of any software or operating system.
- Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Supplier the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Supplier shall under no circumstances be liable for any indirect, incidental, or consequential damages.
- The contract is subject to your right of cancellation (see below).
- The Supplier is not responsible for any changes in policies from the side of the Supplier partner companies.
- The Supplier may change these terms of sale without notice to you in relation to future sales.
DESCRIPTION AND PRICE OF THE GOODS
- The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
- The Supplier will make every effort to ensure the description will be accurate, however, the Supplier shall not be held liable in case of discrepancies.
- The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- In addition to the price, you may be required to pay a delivery charge for the goods. This is subject to the Supplier’s discretion and may change at any time, without any written notification.
- On orders where the supplier has not charged VAT/TAX (As seen during Checkout), you will be liable to pay import Tax&Duties.
- It is the customer’s responsibility to ensure they are knowledgeable of their country’s import regulations and taxations.
SALES, DISCOUNTS AND GIFTS
- Discount codes can only be used with subsequent transactions, and always apply to the full RRP (Recommended Retail Price).
- The Supplier may list products as part of a promotional activity that are to be purchased only with an accompanying item. The Supplier reserves the right to cancel any order for a sole promotional product without the accompanying item.
- Only one (1) discount code or free gift is permitted per order and the discount code will typically be applied to the lowest value item first.
- In circumstances where multiple discount codes are valid on a single product, only one (1) discount of the highest value will be applied.
- If a gift is offered, then this gift’s RRP (Recommended Retail Price) is the amount that will count as a discount.
- If there is a sale or non-RRP listed for a device, you can either pay the RRP minus the value of your voucher or wait for the sale to end to use your code.
- The below Terms&Conditions apply to Seasonal/Major sales, such as, and not limited to: Black Friday, Cyber Monday, Christmas, Boxing Day, New Years, Back to School, Autumn, Summer, Spring
- The sales mentioned in their respective Landing Page are subject to availability and the Supplier reserves the right to amend the specifics at any time without prior notification.
- Whilst any seasonal sale takes place, the Supplier will not allow any other promotional offers, such as
- Leaflet Discount Codes
- Promotional Marketing
- Email Marketing older than 7 days
BARGAIN CORNER ITEMS (REFURBISHED GOODS)
- Bargain (Refurbished) goods are goods which have been refurbished by the Supplier and are advertised accordingly.
- Bargain (Refurbished) goods are subject to separate Terms&Conditions, as outlined below.
- Bargain (Refurbished) goods can be, but are not limited to EOL (End of Life) goods, which means the said goods will not be produced anymore, nor will they receive software updates anymore.
- The condition of Bargain (Refurbished) goods is not new, and they might present signs of use cosmetically (Scratches,Dents,etc)
- The Supplier will supply Bargain (Refurbished) goods in fully working condition.
- Limited warranty for 12 months is applied to Bargain (Refurbished) goods. This warranty does not apply:
- to damage caused by accident, abuse, misuse, or misapplication.
- to damage caused by service (including upgrades and expansions) performed by anyone who is not authorised by the Supplier.
- The Supplier accepts returns on a change-of-mind basis – if a customer returns Bargain (Refurbished) goods within 14 days.
- The 14 day period starts the day after the first of the goods come into the physical possession of the consumer or the person that the consumer asks for it to be delivered to.
- Separate Advertising Campaign and Special Offer rules, discount and/or gift items could vary for Bargain (Refurbished) goods, if described as so. If Advertising Campaign and Special Offer description does not separately specify Bargain (Refurbished) goods, the full Advertising Campaign and Special Offer benefits apply.
- Payment for the goods and delivery charges can be made by any method shown and are available on the Supplier’s website at the time you place your order. Payment shall be due before the delivery date, except where agreed otherwise by the Supplier and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
- The Supplier shall not dispatch the items until cleared funds are received, except in the case of supplies of goods provided on credit terms.
- Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
- Where the Supplier agrees to provide goods on credit terms, the standard payment terms shall be 30 days from the date of invoice. In the event that payment is not made by the due date the Supplier reserves the right to charge interest from the date of invoice at 8% per annum, compounded monthly.
- The Supplier reserves the right to levy charges for any of the following services: inspection of any piece of computer equipment and installation / replacement of either software or hardware – use of credit / debit cards or rapid cheque clearance facilities, diagnosis and testing of any problems encountered with any piece of hardware or software, recovery of any hardware or software problems and backup of any data when requested by the customer.
PRE-ORDERS AND DEPOSITS
- The Supplier shall make every effort to make a pre-order available on the estimated release date, however, this is of no guarantee and the Supplier shall not be held liable for any delays.
- In the event of a delay, the Supplier will contact the Customer with an update. (Be it via Email, Post, Telephone or other means)
- The Supplier will process the pre-order only when the full payment for the item has been cleared.
- The “Deposit” or “Downpayment” is an agreement between the Supplier and the Customer that the Customer agrees to pay the remaining amount upon the official release of the item.
- The “Deposit” or “Downpayment” is subject of a 14-day cooling-off period, as stated in the Consumer Rights Act 2015.
- Past the 14-day mark, in the event of a cancellation, the Supplier will not return the deposit paid by the Customer.
PROCESSING, DISPATCH, COLLECTION AND DELIVERY
- The Supplier will dispatch the order at the address provided by the customer.
- It is the customer’s responsibility to provide a full/correct address and contact information (Including Email address and phone number with appropriate Country prefix)
- The customer shall contact the Supplier if the Contact Information is not correct, and the Supplier will attempt to rectify these issues.
- The Supplier shall not be liable for any errors made by the customer in providing the address.
- The Supplier will only accept orders where the Delivery Address matches the Billing Address (provided by the banking institution, or 3rd party service such as Amazon, Klarna, PayPal, etcetera)
- The supplier reserves the right to cancel any orders that do not match the conditions set forth in point “4”, and the Supplier may amend small inaccuracies at the customer’s request.
- The Supplier may offer a collection service, the conditions for the collection service is at the Supplier’s discretion and the customer will receive a document upon placing a collection order, in which the aforementioned conditions are set forth.
- It is the customer’s responsibility to adhere to the collection conditions disclosed upon finalizing the purchase.
- In the case where the customer does not complete their collection order, the supplier will hold the order for 2 working days. At the end of these two working days, the Supplier will refund the customer.
- The refund for a failed collection may be subject to a restocking fee at the Supplier’s discretion. This restocking fee cannot be higher than 5% of the total value of the item.
- The collection service is solely a collection service, and the Supplier does not facilitate any Technical Support/Testing on-site.
DISPATCH AND DELIVERY
- Orders placed before 7.00 am (UTC-6 Timezone) on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
- The aforementioned is not a guarantee, and the supplier shall not be held liable if for any reason the same-day dispatch is not upheld.
- If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
- If the courier selected by the customer during checkout is unavailable to the Supplier, the Supplier reserves the right to select another courier to transport the customer’s order.
- The Supplier will make every effort to ensure the chosen courier will respect the original delivery window, although no guarantee is offered.
- If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under the control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
- Cancel the contract and refund you the cost of the order minus the delivery fees.
- Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage
- Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
- If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
- On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
- The Supplier will not accept liability for goods lost in transit unless the Supplier is notified within 5 days from the expected delivery date. This will be the date advised on your automated despatch note which is emailed to you once the items have left our warehouse.
- Claims for the goods lost in transit are subject to point 9 of “Delivery”.
- Where applicable, upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then it is the customer’s responsibility to refuse the parcel.
- If you are unable to check the contents of your delivery at the point of delivery, then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
- If the goods supplied to you are damaged or any item missing/incomplete upon delivery, you must notify the Supplier within 48 hours.
- The Supplier reserves the right to decline any claim of missing/incomplete deliveries past the 48 hour-mark from the time of delivery.
- Whilst every effort shall be made to honour any delivery date, time of delivery shall not be of the essence. The Supplier shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
- The Supplier will not be liable for any delays caused by force majeure events.
- The Supplier will not be liable for any delays caused by logistical issues faced by the couriers.
- In the event that the courier could not honour the advertised delivery date by the Supplier, the Supplier may refund the customer an amount of the Shipping Cost as per the Consumer Rights Act 2015.
- In Addition to the Terms and Conditions set by the supplier, the customer will adhere to the Terms&Conditions or Conditions of Carriage set by the courier companies. The customer’s acknowledgement and acceptance of the aforementioned Terms&Conditions constitute placing an order with the Supplier.
- Unless otherwise agreed, the Supplier may deliver by instalments and in such case, each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Supplier shall not entitle the buyer to cancel the remainder of the Contract.
- Any refused deliveries will be returned to the Supplier. Upon receipt of the goods with the Supplier, a refund will be issued minus an adjustment fee of up to 10% (It is at the Supplier’s discretion) of the value of the order to cover administration costs.
- The goods are subject to the customer’s risk from the time of delivery
- Ownership of the goods shall not pass to the customer until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
- the goods, and
- all other sums which are or which become due to the Supplier from you on any account.
- The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
- As per the Consumer Rights Act of 2015, the Supplier will guarantee that all items sold are warranted free from defects for 12 months from the date of supply.
- Effective September 13, 2022 – The Supplier will warrant a 24 month period free from defects, the aforementioned only applies to products from the following brands: DroiX, Proteus by DroiX, GPD, Beelink, MinisForum.
- The Warranty offered by the Supplier applies solely to the Hardware/Software provided at the time of sale. The Supplier shall not be liable, nor any warranty claims can be made in regard to 3rd party Hardware/Software that the Supplier has no control over.
- For the purpose of the following, the Supplier notes that:
- Non-Upgradable/”As Is” products are products that are not designed to be opened/have their screws taken out/have their shell removed. These products are products from the following categories: Gaming Handhelds, Laptops, Ultrabooks, Mini PCs without upgradability mentioned on the product listing.
- Semi-Upgradable Products are products that classify under a category of the following: Ultrabooks, Gaming Handhelds, Mini PCs. These products have a limited number of parts that are subject to upgrades. (Such as Storage Drive and any other add-ons)
- Upgradable Products are products that are designed to have internal components replaced/upgraded. These products will have the aforementioned advertised on the product listing.
- The customer has the right to open and perform upgrades and/or quick fixes on a product. Tempering with the Warranty Seal will not void the customer’s warranty.
- It is the customer’s responsibility to ensure that whilst performing the aforementioned activities, all safety precautions are being taken, and IT repairs standards are upheld.
- In case of a warranty claim, the Supplier will rigorously inspect the device, and if the Supplier deems the fault as a result of the customer’s actions, to deny their warranty claim.
- The supplier will inspect every aspect of the device in detail, such as: Correct allocation of the screws, dents/nicks/scratches on the device or the internal components, 3rd party components, hardware items damaged by the customer’s actions. If any of the aforementioned are found, the supplier will deny the warranty claim and the customer will be responsible for covering all costs that arise from a non-serviceable unit. (Time, Shipping, Parts)
- This warranty does not apply to any defect in the goods arising from fair wear and tear wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
- If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
- If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to a full refund, If this is within 14 days. After this time a replacement product or refund (to the value of the replacement) will be offered.
- Any items which are returned under a warranty claim and are found to be in a working condition will be charged a restocking fee of up to £50 or up to 10% of the value of the goods, whichever is the greater.
HARDWARE-SPECIFIC WARRANTY CLAIMS
“DEAD PIXELS” (As commonly referred to) pixels on a display panel that do not turn off/on or change colour.
- For the purpose of the following, the Supplier notes that:
- Handheld Gaming PCs brands, such as, and not limited to: ONEXPLAYER, GPD, AYANEO – Are equipped with Class II-type panels
- Ultrabook/Laptop brands, such as, and not limited to: One Netbook, GPD – Are equipped with Class II-type panels
- Retro Gaming Handhelds brands, such as, and not limited to: ANBERNIC, Retroid, Miyoo, GameForce – Are equipped with Class III-type panels
- All LCD displays sold by the Supplier adhere to the ISO 13406-2 standard regarding pixel faults. ISO 13406-2 recommends how many defaults are acceptable in a display before it should be replaced, within the terms & conditions of the warranty.
- The standard of production techniques today cannot guarantee an absolutely fault-free screen display.
- A few isolated constant-lit or unlit pixels may be present.
- The standard lists four classes of devices, where a device of a specified class may contain a certain maximum number of defective pixels. Three distinct types of defective pixels are described:
- Type 1 = a hot pixel (always on, being colour white)
- Type 2 = a dead pixel (always off, meaning black)
- Type 3 = a stuck pixel (one or more sub-pixels (red, blue or green) are always on or always off)
- The table below shows the maximum number of allowed defects (per type) per 1 million pixels(for sub 1 million pixel panels dead pixel requirements should be divided by 2).
|Definition of Pixel Fault Classes – Maximum number of faults per million pixels|
|Class||Type 1||Type 2||Type 3||Cluster with more than one type 1 or type 2 faults||Cluster of type 3 faults|
CANCELLATION AND RETURNS
- Provided you are not a Business Customer, you have the right to cancel the contract at any time up to the end of 14 calendar days after you receive the goods (see below).
- To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, email, social media or via the webpage, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
- Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address communicated by the Supplier. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
- In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with the Terms and Conditions, either collect the goods from you or ask you to return the goods yourself whilst providing you with an acceptable return method.
- An order cancelled in transit will incur the standard cancellation fee plus additional transit costs at the expense of the customer.
- Personalised Items are non-returnable. Please note that this does not affect your statutory rights.
- Computer Systems built to the customer’s individual specifications are exempt from the right to cancel under the Distance Selling Regulations.
- The items need to be in the original packaging where it forms part of the goods, for example, boxed goods). You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, the Supplier may have a right of action against you for compensation up to 50% of the value (restocking fee). This applies to all goods that are returned.
- The Supplier shall not refund any Special Delivery shipping charges.
- If a fault is quoted with the request of exercising the right to return, and that fault is not present on the device, the Supplier reserves the right to withhold an amount no greater than £10, or %5 of the product for the pre-paid label provided to the Customer.
- If a refund or reimbursement is payable to you, the Supplier will transfer the money using the same method originally used by you to pay for your purchase. If the Supplier cannot refund via the original payment method, then you will be contacted to arrange an alternative.
- Where you have failed to take reasonable care of the goods, the Supplier reserves the right to refuse a refund and return the goods to you at your own cost.
TITLE FOR BUSINESS CUSTOMERS
- For the purposes of these Terms and Conditions, a Business Customer shall mean any body corporate, educational establishment, hospital, health authority, governmental or local governmental body or any other organisation to whom the distance selling regulations apply, or any other customer for whom a trade account has been granted.
- If you are a business customer until ownership of the goods has passed to you, you must:
- store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
- hold the proceeds of the insurance referred to in condition above on trust on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- If you are a business customer your right to possession of the goods shall terminate immediately if:
- you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
- you encumber or in any way charge any of the goods.
- Business customers are exempt from returning items within 14 days under the distance selling act.
- Trade customers are liable for all carriage costs.
- In the event that payment is not received within 28 days of the due date,
- All monies owing to the Supplier shall become immediately payable to the Supplier irrespective of whether it would have been due under the previously agreed payment terms.
- The Supplier shall be entitled to charge the Customer the sum of £50+VAT in respect of a debt collection administration fee.
LIMITATION OF LIABILITY
- Subject to the conditions below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
- there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
- such loss or damage is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage resulting from breach by you of any term of this contract.
- If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
USAGE OF PRODUCTS/CONTENT LIABILITY DISCLOSURE
- The following disclosure applies to any Products sold by the Supplier that contains Software and Internet Access.
- The Supplier supplies the products with official Software installed where applicable, or no software.
- It is the customer’s responsibility to ensure they always adhere to the laws of the country in which they reside.
- The Supplier does not supply any products to individuals with nefarious intentions.
- The Supplier does not condone infringing Intellectual Property or Trademarked Content.
- The set terms in the above “Terms and Conditions” apply.
- The DroiX Affiliate Programme allows customers/users to share their referral links with their followers and earn a commission (In form of a percentage) of the sale they make.
- The said percentage ranges from 2% to 5% based on the item the customer has purchased. and any custom rate an affiliate has does not imply what the other registered affiliates would receive.
- The Supplier shall determine the affiliate’s capability to attract traffic, sales, user base, and any other factors deemed of relevance.
- The DroiX Affiliate Programme is not available to any “Discount Database” type of website, and their account is to be automatically disabled if one is created/found to be active. This specific rule is to ensure that a fair and equal “playing field” is created throughout the community of influencers.
- The Supplier reserves the right to withhold payment of any revenue which DroiX considers that was generated through a “Discount Database” Website or Application. Furthermore, DroiX will terminate any account that they believe to be related to a “Discount Database” service.
- The Referral Commission can be withdrawn via a PayPal payment of a minimum £60.
- The Referral Commission can be withdrawn in the form of a Voucher on the Ecommerce marketplace without a minimum limit.
- The Supplier is required to issue a payout in minimum 15 working days after an affiliate has requested the payment and a viable payment method has been provided.
Terms&Conditions last updated: 11 October, 2022 – 11:27AM.