1.1 What these conditions cover. These are the conditions on which RBU supplies equipment to you and are incorporated into the contract between RBU and you.
1.2 Why you should read them. Please read these conditions before you submit your order to RBU. These conditions tell you who RBU is; how RBU will supply equipment to you; how you and RBU may change or end the contract; what to do if there is a problem; and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these conditions depending on whether you are a business or consumer. You are a consumer if you are buying equipment from RBU for your personal use (not for use in connection with a business).
1.4 If you are a business customer this is the entire agreement with you. If you are a business customer, these conditions and your order (once accepted by RBU) constitute the entire agreement between RBU and you in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of RBU which is not set out in these conditions and your order (once accepted by RBU).
2.1 RBU. IT Refreshed Global Limited t/a RefreshedByUs (RBU) (company number NI632899) whose registered office is at Units 8-10 Pinebank, Channel Commercial Park, Queen's Road, Belfast, BT3 9DT, Northern Ireland and whose registered VAT number is GB221802155.
2.2 Contacting RBU. You can contact RBU by telephone (+44 (0)28 9084 7910) or email ([email protected]).
2.3 Contacting you. If RBU has to contact you, RBU will do so by telephone or by writing at the email address or postal address you provided to RBU in your order.
3.1 Order acceptance. RBU’s acceptance of your order will take place when RBU emails you to accept it, at which point a contract will come into existence between you and RBU. If RBU is unable to accept your order, RBU will inform you of this and will not charge you for the equipment. This might be because: the equipment is out of stock; a credit reference obtained for you does not meet RBU’s minimum requirements; RBU has identified an error in the price or description of the equipment; or RBU is unable to meet a delivery deadline you have specified.
3.2 Order number. RBU will assign an order number to your order and tell you what it is when RBU accepts your order.
3.3 UK & Ireland only. RBU’s website is solely for the promotion of equipment in the UK and Ireland. Unfortunately, RBU does not accept orders from addresses outside the UK and Republic of Ireland.
4.1 Equipment. The equipment is described in your order (once accepted by RBU).
4.2 Equipment may vary from their pictures. The images of the equipment on RBU’s website are for illustrative purposes only. Although RBU has made every effort to display the colours accurately, RBU cannot guarantee that your device's display of the colours accurately reflects the colour of the equipment. Your equipment may vary slightly from those images.
5.1 Your right to make changes. If you wish to make a change to the equipment you have ordered, please contact RBU. RBU will let you know if the change is possible. If it is possible, RBU will let you know about any changes to the price of the equipment, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 RBU’s right to make changes. RBU may change the equipment: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the equipment. If RBU wishes to make any change which will affect your use of the equipment, RBU will notify you and you may then contact RBU to end the contract before the changes take effect and receive a refund for any equipment paid for but not received.
6.1 Delivery costs. The costs of delivery will be as displayed to you on RBU’s website.
6.2 Timing of delivery. RBU will deliver the equipment to you as soon as reasonably possible after the day on which RBU accept your order.
6.3 RBU is not responsible for delays outside its control. RBU will not be liable for any delay in supplying the equipment caused by an event outside RBU’s control. RBU will contact you to let you know about any such delay and will take any reasonable step to minimise its effect.
6.4 If you are not at home when equipment is delivered. If no one is available at your address to take delivery, RBU will leave you a note informing you of how to rearrange delivery or collection of the equipment. If, after a failed delivery to you, you do not re-arrange delivery or collection, RBU will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite RBU’s reasonable efforts, RBU is unable to contact you or re-arrange delivery or collection, RBU may end the contract and condition 8.2 will apply.
6.5 When you become responsible for equipment. The equipment will be your responsibility from the time RBU delivers the equipment to the address you gave RBU or you collect it from RBU.
6.6 When you own equipment. You will own the equipment when RBU has received payment in full for it.
6.7 What will happen if you do not give required information to RBU. RBU will not be responsible for supplying the equipment late or not at all if this is caused by you not giving RBU the information RBU needs to enable it to supply the equipment to you.
6.8 Reasons RBU may delay supply of equipment to you. RBU may have to delay the supply of equipment to: (a) deal with technical problems or make minor technical changes; (b) update the equipment to reflect changes in relevant laws and regulatory requirements; and (c) make changes to the equipment as requested by you or notified by RBU to you (see condition 5).
7.1 If RBU refers to a software licence in the acknowledgment of order, the price of the equipment includes the licence fee for your right to use the operating system installed on the equipment.
7.2 If you are provided with any operating system software licence in respect of installed software, you shall sign and accept the licence on a "shrink-wrap" or "click-wrap" basis.
7.3 If no software licence has been provided to you, you hereby accept a non-exclusive, non-transferable licence to use the installed software on the following conditions: (a) you shall not copy (except to the extent permissible under applicable law which is not capable of exclusion by agreement or for normal operation of the equipment), reproduce, translate, adapt, vary or modify that software, nor communicate it to any third party, without RBU's prior written consent; (b) you shall not use that software on any equipment other than the supplied equipment, and shall not remove, adapt or otherwise tamper with any copyright notice, legend or logo which appears in or on that software on the medium on which it resides; (c) such licence shall be terminable by either party on 28 days' written notice, provided that RBU terminates only if the continued use or possession of that software by you infringes the developer's or a third party's rights, or RBU is compelled to do so by law, or if you have failed to comply with any term of the contract; and (d) on or before the expiry of this licence, you shall return to RBU all copies of that software in your possession.
8.1 Faulty or misdescribed equipment. For faulty or misdescribed equipment, see condition 10 if you are a consumer and condition 11 if you are a business customer.
8.2 Ending contract because of something RBU has done. If you are ending a contract for any of the following reasons, the contract will end immediately and RBU will refund you in full for any equipment which have not been provided: (a) RBU has told you about an error in the price or description of the equipment you have ordered and you do not wish to proceed; (b) RBU has told you that supply of the equipment will be significantly delayed because of events outside RBU’s control; or (c) you have a legal right to end the contract because of something RBU has done wrong.
8.3 Right to change your mind if you are a consumer. If you are buying the equipment online as a consumer, then you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund.
8.4 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day the equipment is received to change your mind.
8.5 Tell RBU you want to end the contract (including if you are a consumer who has changed their mind). To end the contract with RBU, please let RBU know by doing one of the following: (a) call customer services (+44 (0)28 9084 7910) or email ([email protected]). Please provide your name, home address, details of the order and, where available, your phone number and email address; or (b) write to RBU, including details of what you bought, when you ordered or received it and your name and address.
8.6 Returning equipment after ending the contract. If you end the contract for any reason after equipment has been dispatched to you or you have received it, you must return it to RBU. You must post it back to RBU. Please call customer services (+44 (0)28 9084 7910) or email ([email protected]) to arrange return. If you are a consumer exercising your right to change your mind you must send off the equipment within 14 days of telling RBU you wish to end the contract.
8.7 When RBU will pay the costs of return. RBU will pay the costs of return: (a) if the equipment is faulty or misdescribed; (b) if you are ending the contract because RBU has told you of an upcoming change to the equipment or these conditions, an error in pricing or description, a delay in delivery due to events outside RBU’s control or because you have a legal right to do so as a result of something RBU has done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
8.8 How RBU will refund you. If you are entitled to a refund under these conditions RBU will refund you the price you paid for the equipment including delivery costs (if you have paid RBU for these), by the method you used for payment. However, RBU may make deductions from the price, as described below.
8.9 Deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: (a) RBU may reduce your refund of the price (excluding delivery costs if you have paid RBU for these) to reflect any reduction in the value of the equipment if this has been caused by your handling it in a way which would not be permitted in a shop. If RBU refund you the price paid before RBU is able to inspect the equipment and later discover you have handled them in an unacceptable way, you must pay RBU an appropriate amount; and (b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method RBU offer. For example, if RBU offer delivery of equipment within 3-5 days at one cost but you choose to have the equipment delivered within 24 hours at a higher cost, then RBU will only refund what you would have paid for the cheaper delivery option.
8.10 When refund will be made. RBU will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then: (a) if RBU has not offered to collect it, your refund will be made within 14 days from the day on which RBU receives the equipment back from you or, if earlier, the day on which you provide RBU with evidence that you have sent the equipment back to RBU. For information about how to return equipment to RBU, see condition 8.6; and (b) in all other cases, your refund will be made within 14 days of your telling RBU you have changed your mind.
9.1 RBU may end the contract if you break it. RBU may end the contract for equipment at any time by writing to you if: (a) you do not make any payment to RBU when it is due and you still do not make payment within 7 days of RBU reminding you that payment is due; or (b) you do not (i) provide RBU with information that is necessary for RBU to provide the equipment; or (ii) allow RBU to deliver the equipment to you or collect it from RBU.
9.2 You must compensate RBU if you break the contract. If RBU end the contract in the situations set out in condition 8.1, RBU will refund any money you have paid in advance for equipment RBU has not provided but RBU may deduct or charge you reasonable compensation for the net costs RBU will incur as a result of your breaking the contract.
RBU may withdraw the equipment. RBU may write to you to let you know that RBU is going to stop providing the equipment. RBU will refund any sums you have paid in advance for equipment which will not be provided.
10.1 If you are a consumer RBU is under a legal duty to supply equipment that is in conformity with the contract. See the box below for a summary of your key legal rights in relation to the equipment. Nothing in these conditions will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at www.adviceguide.org.uk.
The Consumer Rights Act 2015 says equipment must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your equipment your legal rights entitle you to the following: (a) up to 30 days: if your equipment is faulty, then you can get an immediate refund; or (b) up to 6 months: if your equipment cannot be repaired or replaced, then you're entitled to a full refund, in most cases; or (c) up to 6 years: if your equipment does not last a reasonable length of time you may be entitled to some money back.
See also condition 8.3.
10.2 Your obligation to return rejected equipment. If you wish to exercise your legal rights to reject equipment, you must post it back to RBU. Please call customer services (+44 (0)28 9084 7910) or email ([email protected]) to arrange return.
11.1 If you are a business customer, RBU warrants that the equipment is free from faulty materials or workmanship. RBU undertakes (subject to the remainder of this condition 11), at its option, to repair or replace (with goods which are the same as or of equivalent quality) or refund the price of equipment which is found to be defective as a result of faulty materials or workmanship within 12 months of delivery.
11.2 The warranty in condition 11.1 does not cover any battery or other consumable item(s) supplied with the equipment. RBU does not test or warrant the battery or its life expectancy and this has been taken into account when pricing the equipment.
11.3 RBU shall not in any circumstances be liable for a breach of the warranty contained in condition 11.1 unless: (a) you give written notice of the defect to RBU within 7 days of the time when you discover or ought to have discovered the defect; and (b) you return the equipment to RBU's place of business at your cost for the purposes of examination.
11.4 Returned equipment must be in its original packaging, undamaged, complete and with all the original manuals and literature supplied with the equipment. Equipment returned that is not in line with this condition will, at the RBU’s discretion, be refused or RBU will be entitled to charge you for appropriate packaging, manuals and literature in order to return the equipment to RBU’s own supplier.
RBU shall not in any circumstances be liable for a breach of the warranty in condition 11.1 if: (a) you make any use of equipment in respect of which you have given written notice under condition 11.3(a); or (b) the defect arises because you failed to follow RBU's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the equipment or (if there are none) good trade practice; or (c) you alter or repair the relevant equipment without the written consent of RBU; or (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.5 RBU shall not in any circumstances be liable for any damage or defect to the equipment caused by: (a) improper use of the equipment; or (b) use outside its normal application; or (c) viruses or any issue arising from software or hardware incompatibility.
11.6 RBU bears no responsibility for the loss of any data or software on any returned equipment.
11.7 Any repaired or replacement equipment shall be under warranty for the unexpired portion of the warranty period under condition 11.1.
12.1 Where to find the price for the equipment. The price of the equipment (which includes VAT) will be the price indicated on the order pages when you placed your order. RBU takes reasonable care to ensure that the price of the equipment advised to you is correct. However please see condition 12.3 for what happens if RBU discovers an error in the price of the equipment you order.
12.2 RBU will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date RBU supplies the equipment, RBU will adjust the rate of VAT that you pay, unless you have already paid for the equipment in full before the change in the rate of VAT takes effect.
12.3 What happens if RBU got the price wrong. It is always possible that, despite RBU’s efforts, some of the equipment RBU sells may be incorrectly priced. RBU will normally check prices before accepting your order so that, where the equipment's correct price at your order date is less than RBU’s stated price at your order date, RBU will charge the lower amount. If the equipment's correct price at your order date is higher than the price stated to you, RBU will contact you for your instructions before RBU accept your order. If RBU accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, RBU may end the contract, refund you any sums you have paid and require the return of any equipment provided to you.
12.4 When you must pay and how you must pay. You must pay for the equipment in full before it is dispatched.
12.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to RBU under these conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.6 RBU can charge interest if you pay late. If you do not make any payment to RBU by the due date RBU may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of AIB Group (UK) plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay RBU interest together with any overdue amount.
12.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact RBU promptly to let RBU know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved RBU will charge you interest on correctly invoiced sums from the original due date.
13.1 RBU is responsible to you for foreseeable loss and damage caused by RBU. If RBU fails to comply with these conditions, RBU is responsible for loss or damage you suffer that is a foreseeable result of RBU’s breaking the contract, but RBU is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both RBU and you knew it might happen, for example, if you discussed it with RBU during the sales process.
13.2 RBU do not exclude or limit in any way RBU’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by RBU’s negligence or the negligence of RBU’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the equipment as summarised at condition 10.1; and for defective equipment under the Consumer Protection Act 1987
13.3 RBU is not liable for business losses. If you are a consumer RBU only supplies the equipment for to you for domestic and private use. If you use the equipment for any commercial, business or re-sale purpose RBU’s liability to you will be limited as set out in condition 14.
14.1 Nothing in these conditions shall limit or exclude RBU’s liability for: (a) death or personal injury caused by the negligence of RBU or its employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the conditions implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) defective equipment under the Consumer Protection Act 1987; or (e) any matter in respect of which it would be unlawful for RBU to exclude or restrict liability.
14.2 The conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to condition 14.1: (a) RBU shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between you and RBU; and (b) RBU’s total liability to you for all other losses arising under or in connection with any contract between you and RBU, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you for equipment under such contract.
16.1 RBU may transfer this agreement to someone else. RBU may transfer RBU’s rights and obligations under these conditions to another organisation. RBU will tell you in writing if this happens and RBU will ensure that the transfer will not affect your rights under the contract.
16.2 You need RBU’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these conditions to another person if RBU agree to this in writing.
16.3 Nobody else has any rights under the contract. The contract is between you and RBU. No other person shall have any rights to enforce any of these conditions. Neither you nor RBU will need to get the agreement of any other person in order to end the contract or make any changes to these conditions.
16.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if RBU delay in enforcing the contract, RBU can still enforce it later. If RBU does not insist immediately that you do anything you are required to do under these conditions, or if RBU delays in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent RBU taking steps against you at a later date.
16.6 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. If you are a consumer, these conditions are governed by the laws Northern Ireland and you can bring legal proceedings in respect of the equipment in the courts of Northern Ireland. If you live in either England & Wales, Scotland or the Republic of Ireland, you can bring legal proceedings in respect of the equipment in either your local courts or the courts of Northern Ireland.
16.7 Which laws apply to the contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with the contract between you and RBU or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction to settle any such dispute or claim.