Terms and Conditions - iMendMacs.com

These pages (together with our Terms & Conditions – Resale, Terms & Conditions – Repair Services & our Website Terms of Use) tells you information about us and the legal terms and conditions (Terms) on which we provide services to you.

Please read these Terms carefully and make sure that you understand them, before ordering any services from us.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any services from us.

You should retain a copy of these Terms, if necessary, by printing them (or save them to your computer) for future reference.

We amend these Terms from time to time. Every time you wish to place an order for services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms were most recently updated in July 2019.

Acceptable Terms of Use

1. You may use our site only for lawful purposes. You may not use our site:

1.1. In any way that breaches any applicable local, national or international law or regulation.

1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

1.3. For the purpose of harming or attempting to harm minors in any way.

1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

1.6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time- bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2. You also agree not to:

2.1. Reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

2.2. Access without authority, interfere with, damage or disrupt any:

2.2.1. Part of our site;

2.2.2.Equipment or network on which our site is stored;

2.2.3.Software used in the provision of our site; or

2.2.4.Equipment or network or software owned or used by any third party.

3. Interactive services

3.1. We may from time to time provide interactive services on our site.

3.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

3.3. We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

3.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

3.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

4. Content standards

4.1. These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

4.2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

4.3. Contributions must:

4.3.1. Be accurate (where they state facts).

4.3.2.Be genuinely held (where they state opinions).

4.3.3.Comply with applicable law in the UK and in any country from which they are posted.

4.4. Contributions must not:

4.4.1. Contain any material which is defamatory of any person.

4.4.2.Contain any material which is obscene, offensive, hateful or inflammatory.

4.4.3.Promote sexually explicit material.

4.4.4.Promote violence.

4.4.5.Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

4.4.6.Infringe any copyright, database right or trademark of any other person.

4.4.7. Be likely to deceive any person.

4.4.8.Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

4.4.9.Promote any illegal activity.

4.4.10.Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

4.4.11.Be likely to harass, upset, embarrass, alarm or annoy any other person.

4.4.12.Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

4.4.13.Give the impression that they emanate from us if this is not the case.

4.4.14.Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5. Suspension and termination

5.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

5.2. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

5.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.

5.2.2.Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

5.2.3.Issue of a warning to you.

5.2.4.Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

5.2.5.Further legal action against you; and

5.2.6.Disclosure of such information to law enforcement authorities as we feel necessary.

5.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Website Terms of Use

1. Purpose of Terms

1.1. These terms of use (together with the documents referred to in it) tell you (whether as a guest or a registered user) the terms of use on which you may make use of this website, which is owned and controlled by iMendMacs Limited (“our site”). Use of our site includes accessing, browsing, or registering to use our site.

1.2. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

1.3. Some of the sections in these terms apply solely to consumers or businesses, these sections are marked as such, otherwise, all terms apply to everyone who visits our site.

1.4. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

1.5. If you do not agree to these terms of use, you must not use our site

1.6. If you wish to contact us, please use the details below.

2. Information about iMendMacs & How to Contact Us.

“We” or “us” means iMendMacs Limited.

We are a company registered in England and Wales.

Our company registration number is 12035201 and our registered office is at 27 Lincoln Croft, Shenstone, Lichfield, Stafford, WS14 OND

If you have any questions or if you have any complaints, please contact iMendMacs. You can contact iMendMacs by telephoning iMendMacs customer service team at 0121 296 9996 or by e-mailing iMendMacs at info@iMendMacs.com. If you wish to contact iMendMacs in writing, or if any clause in these Terms requires you to give iMendMacs notice in writing (for example, to cancel the contract for services which iMendMacs has started to provide), you can send this to iMendMacs by e-mail, by hand, or by pre-paid post to iMendMacs.com 75 Harborne Road, GBCC, Birmingham, B15 3DH, or by e-mail at info@iMendMacs.com iMendMacs will confirm receipt of this by contacting you in writing. If iMendMacs has to contact you or give you notice in writing, iMendMacs will do so by e-mail, by hand, or by pre-paid post to the address you provide to iMendMacs in the Order.

By contacting us, using our services, or visiting our website (our “site”), you are accepting and consenting to the practices described in this policy unless you inform us otherwise and we agree in writing to a variation of the Policy.

3. Applicable law

3.1. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

3.2. If you are a consumer, please note that these terms of use, it’s subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

4. Limitation of our liability

4.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

4.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

4.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

4.3.1. Use of, or inability to use our site; or

4.3.2. Use of or reliance on any content displayed on our site.

4.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

4.5. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

4.6. If you are a business user, please note that in particular, we will not be liable for:

4.6.1. Loss of profits, sales, business, or revenue;

4.6.2. Business interruption;

4.6.3. Loss of anticipated savings;

4.6.4. Loss of business opportunity, goodwill or reputation; or

4.6.5. Any indirect or consequential loss or damage.

4.7. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes. If you do, our liability to you shall be limited as if you were a business user (see above) and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5. Other important terms

5.1. These terms of use refer to the following additional terms, which also apply to your use of our site include:

5.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. It also provides information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

5.1.2. Our Acceptable Use Policy & Content Standards, which sets out how you can and cannot use our site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy.

5.1.3. Any other agreements you enter into with us.

6. Site Changes

6.1. We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

6.2. We do not guarantee that our site, or any content on it, will be free from errors or omissions

7. Site Access

7.1. Our site is made available free of charge.

7.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

7.3. You are responsible for making all arrangements necessary for you to have access to our site.

7.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

8. Your account and password

8.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

8.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

8.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. Our contact details can be found at the following link.

9. Intellectual property rights

9.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.3. Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.

9.4. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

9.5. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. General Information Only

10.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

10.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up- to-date.

11. Viruses/Malware

11.1. We do not guarantee that our site will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

11.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

11.4. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12. Links to our site

12.1. We allow links to our site to be shared via social media, provided that they comply with our Acceptable Use Policy and Content Standards included in these terms.

12.2. Other than for social media use you must not:

12.2.1.Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2.2.Establish a link to our site on any website that is not owned by you.

12.2.3.Frame our site on any other site, nor may you create a link to any part of our site other than the home page.

12.3. We reserve the right to withdraw linking permission without notice.

12.4. The website in which you are linking must comply in all respects with our Acceptable Use Policy and Content Standards.

12.5. If you wish to make any use of the content on our site other than that set out above, please contact us. Our contact details can be found at the following above.

13. Third-party links & resources in our site

13.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

13.2. We have no control over the contents of those sites or resources and do not guarantee that those sites will adhere to our Acceptable Use Policy or Content Standards.

14. Term Changes

14.1. We may revise these terms of use or any policy referred to in them at any time by amending this page or that policy.

14.2. Please check this page and our policies from time to time to take notice of any changes we made, as they are binding on you

Repair Services Terms and Conditions

1. Repair Services

1.1. These are the terms & conditions on which iMendMacs will supply repair services to you.

1.2. If you are a consumer, you may only purchase Repair Services from iMendMacs if you are at least 18 years old.

1.2.1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase a Repair Service from iMendMacs

1.3. Where you wish to place an order for Repair Services through our website:-

1.3.1. Our online booking form will guide you through the steps you need to take to place an order for Repair Services. The iMendMacs order process allows you to check and amend any errors before submitting your order to iMendMacs. Please take the time to read and check your order before you submit it to iMendMacs

1.3.2.After you place an order, your order will be deemed to have been accepted when iMendMacs issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you & iMendMacs.

1.4. If you wish to place an order with iMendMacs by telephone, email or in person, you agree that your order constitutes an offer by you to purchase the Repair Services in accordance with these Terms. iMendMacs acceptance of your order will take place when iMendMacs issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you & iMendMacs

1.5. Any quotation given by iMendMacs shall not constitute an offer by iMendMacs to provide Repair Services.

1.6. If you are not a consumer, you agree that these Terms apply to the contract between you and iMendMacs to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2. Repair Conditions

2.1. By placing an order, you:

2.1.1. Authorise and consent to iMendMacs to perform the Repair Services on your device(s);

2.1.2.Acknowledge that whilst iMendMacs engineers are trained repair specialists, iMendMacs is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer.

2.1.3. Agree to release, indemnify, and hold iMendMacs and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by iMendMacs negligence.

2.1.4. Agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and iMendMacs accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and iMendMacs therefore highly recommends that you back up your device(s) prior to allowing iMendMacs to work on your device(s).

2.1.5.Agree that you are responsible for removing any SIM and/or memory cards and/or attached peripherals on your device(s) and iMendMacs shall not, in any event, be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure.

2.1.6.Acknowledge that any Repair Services rendered by iMendMacs may void manufacturer warranties for your device(s), and that iMendMacs does not assume any liability or warranty if the manufacturer warranties are voided. If you do not

wish to void your warranty, you should not place on order with iMendMacs and take your device(s) to the relevant manufacturer.

2.1.7. Agree that it is your responsibility to inform iMendMacs accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). iMendMacs will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which iMendMacs will advise you of before proceeding.

2.1.8.Where the Repair Services involve the repair of waterproof devices, iMendMacs cannot guarantee the device(s) will remain waterproof following completion of the Repair Services.

2.1.9. Where any part of the Repair Services include liquid damage repairs it is agreed that whilst iMendMacs will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, iMendMacs shall have no liability for failing to repaid any liquid damaged device.

2.1.10.Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that iMendMacs understands and may replicate the issue

3. Diagnosis Services

3.1. All repair orders are processed through the diagnosis service. iMendMacs will inspect your device(s) & diagnose the fault with your device(s). This service costs £30 & is payable in advance.

3.2. If iMendMacs inspects your device(s) & determines that

3.2.1. Your device(s) does not require any repair service,

3.2.2.Your device(s) requires a repair service that you decline,

3.3. The diagnosis service fee is still applicable.

3.4. If you wish to proceed with the repair of such device(s) advised by the iMendMacs a new contract will come into existence between you & iMendMacs on the basis of these Terms provided that iMendMacs agrees to deduct the diagnosis fee paid by you from the cost from the Repair services

3.5. Where iMendMacs considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to iMendMacs for carrying out the diagnostic services.

4. Data

4.1. iMendMacs understands that your data may be valuable to you. Data loss during service is always a possibility, and in some cases, data may be unrecoverable, erased, or reformatted during service.

4.2. For this reason, it is your sole responsibility to back up all existing data, software, and/or programs from your device(s), and to decide whether to erase any such data from your device(s), prior to receiving service.

4.3. iMendMacs is not responsible for loss, recovery, or compromise of data, software or programs, or loss of use of your device(s) or other equipment arising out of the services provided by iMendMacs. You represent that your device(s) does not contain any illegal files or data.

4.4. You acknowledge that your device may be sent out by common carrier to be serviced by an external service provider. For this reason, it’s recommended that you back up your device and wipe it, prior to submission for service.

4.5. As part of service, iMendMacs may install system software updates that will prevent your iMendMacs device(s) from reverting to an earlier version of the system software. Third party applications installed on your device(s) may not be compatible or work with your iMendMacs device(s) as a result of the system software update.

4.6. If your device(s) is capable of storing software programs, data or other information (“Data”), iMendMacs may attempt to transfer said Data to a replacement device.

4.7. During service, it is possible that Data may be lost. In such an event, iMendMacs will not be responsible for any loss of Data.

4.8. As part of any Data transfer service, whether or not iMendMacs is able to successfully transfer Data from the original device to the replacement device, iMendMacs will delete any Data on the original device. You should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that you want to protect and disable all security passwords.

4.9. During service, it is possible that the Data will be lost, replaced or reformatted. In such an event iMendMacs and its agents are not responsible for any loss of software programs, Data or other information contained on the device.

4.10. Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device you provide. iMendMacs will not transfer the Data to any iMendMacs owned or 3rd party owned data

storage system or device and will not store a copy of the Data as part of any Data transfer service.

5. Repair & Warranty Terms

5.1. iMendMacs will service your iMendMacs device(s) as described to you for the estimated charges stated unless such charges are revised with your prior oral or written consent. Unless otherwise stated, iMendMacs will provide repair or replacement services to address a defect in the materials or workmanship of a device(s). Service is not available for issues caused by the failure of or incompatibilities with any software or data residing or recorded on your device(s).

5.2. iMendMacs may use parts or device(s) that are new or equivalent to new in reliability and performance. iMendMacs will retain the replaced part or device(s) that is exchanged as its property, and the replacement part will become your property. iMendMacs may repair, exchange or sell the replaced part if it chooses to do so.

5.3. iMendMacs warrants that;

5.3.1.The service will be performed with all reasonable skill and care and

5.3.2.That, for a period of ninety (90) days from the date of service, all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by iMendMacs.

5.3.3.In the event of a breach of the warranty, iMendMacs will either;

5.3.3.1.Re-perform the service,

5.3.3.2.Repair or replace the part, or

5.3.3.3.Refund the cost of the service provided.

5.3.4.In order to claim under the warranty, you must return your product to the store where you left your product for service.

5.4. You must claim your product and pay all charges due within sixty (60) days after being notified by iMendMacs that your product has been serviced. If you do not, iMendMacs may notify you that it considers your product abandoned and that, if you do not collect it and pay any outstanding charges within a further three (3) months, iMendMacs will dispose of it in accordance with applicable law.

5.5. Non-Transferable warranty. The warranty is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices are sold or given to another person.

5.6. This warranty does not apply to diagnostic services.

5.7. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done forty (40) days after the original repair the warranty would still end ninety (90) after the date of the original repair.

5.8. The warranty does not protect against any of the following relating any relevant device which is the subject of the Repair Services:

5.1. Any mishandling that causes subsequent damage to the relevant device(s);

5.2. Damage or faults resulting from an attempted customer or third party repairs at any time;

5.3. Software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;

5.4. Waterproof devices, as iMendMacs cannot guarantee the device(s) will remain waterproof following the Repair Services;

5.5. New damages unrelated to the original Repair Services; and/or

5.6. Any loss of data occurring as a result of the repair – customers are advised to back up all data on the device(s) to be repaired prior to the repair. iMendMacs does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and iMendMacs is not required to advise or remind customers of appropriate backup and other procedures.

6. Service Level Agreement & Shipping Terms

6.1. SLA.

6.1.1. Whilst iMendMacs aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with iMendMacs. In any event, all times for performance of the Repair Services are approximate only, and iMendMacs will not be liable for any compensation as a result of late delivery of the Repair Services.

6.2. Collection of your device(s). The following provisions apply in relation to sending your device(s) to iMendMacs.

6.2.1.Please remove any SIM and/or memory cards and/or attached peripherals all sim and memory cards from your device(s) before sending your device(s) to iMendMacs for repair; &

6.2.2.The careful packaging of your device(s) to iMendMacs is your responsibility. When sending your device(s) if you choose to include separate parts you are sending these at your own risk and iMendMacs will not be held responsible if these parts go missing before your package is delivered to iMendMacs. Please ensure the parts are well- sealed and wrapped so nothing goes missing.

6.3. Delivery to you of your device(s) The following provisions apply in relation to returning your device(s) from iMendMacs.

6.3.1.Any device(s) shipped to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, un-repaired or with further faults, you must inform iMendMacs in writing within 3 days of receipt. If you do not inform iMendMacs within 3 days of receipt, iMendMacs shall have no liability if your device(s) is/ are damaged/faulty on arrival. This does not affect your statutory rights or any other rights under these Terms.

6.3.2.All devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.

7. Payment Terms

7.1. iMendMacs endeavours to offer you competitive prices on current iMendMacs products and services. Your total order price will include the price of the product or service on the day of order processing. iMendMacs reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.

7.2. The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by iMendMacs based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.

7.3. iMendMacs will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to iMendMacs about the defect/fault in your device(s) is incorrect; and/or if iMendMacs identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but iMendMacs discovers that the actual repair required is a different repair (for example a new screen); and/or iMendMacs made a mistake in its pricing), iMendMacs will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, iMendMacs shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to iMendMacs relating to the Repair Services (less the postage costs of returning the device(s) to you)

7.4. If you are a consumer, all of the iMendMacs prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.

7.5. Payment Methods. iMendMacs allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card when applicable and acceptable in the Country where the service is provided (or some other prearranged payment method unless iMendMacs has agreed to some other credit terms. When you provide iMendMacs with your card information, iMendMacs will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. iMendMacs will not bill your credit card or process a transaction under your debit or check card until your order is processed. iMendMacs may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. iMendMacs requires the credit, debit, or check card security code for your card to protect against the unauthorised use of your credit card by other persons. The security code is an individual three or four-digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.

7.6. The price of the product (which includes VAT and/or IPT) will be the price indicated on the invoice/estimate pages when you placed your order. We take all reasonable care to ensure that the price of the product/service advised to you is correct. However

7.7. iMendMacs is not responsible for typographical errors. iMendMacs reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order

7.8. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

7.9. We accept payment with;

7.9.1.Cash

7.9.2.BACS

7.9.3.Visa, MasterCard and debit cards

7.9.4.In certain circumstances, third party payment gateways such as PayPal, Apple Pay, Finance.

7.10. You must pay for the products before we dispatch them. We will not charge you until we dispatch the products to you.

7.11. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

8. Limitation of Liability

8.1. If you are a consumer, you may have certain additional rights with regard to services and products provided under this agreement. please refer to your local consumer authority for more information about your rights. if not covered by these rights, iMendMacs does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost, corrupted, or compromised data or software, or the provision of services. except as expressly provided herein, iMendMacs will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. you agree that for any liability related to the purchase of the product, iMendMacs is not liable or responsible for any amount of damages above the amount of your order. in consumer cases, the liability for;

8.1.1. Personal death and injury &

8.1.2.Fraud may be wider than negligence caused loss and in such cases, iMendMacs does not seek to exclude this liability.

8.2. iMendMacs shall not be liable for any non-warranty related claim arising under this contract unless you give iMendMacs written notice of such claim within ninety (90) days of becoming aware of the circumstances giving rise to such claim or, if earlier, ninety (90) days from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.

9. Force Majeure, Events Outside Our Control. Other important terms

9.1. This Agreement governs service transactions accepted by iMendMacs. No other oral or written terms or conditions apply. iMendMacs does not authorise any variance or modification of this Agreement. iMendMacs is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside iMendMacs’ reasonable control.

9.2. No iMendMacs employee or agent has the authority to vary any of the terms and conditions governing any transaction.

9.3. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

9.4. iMendMacs will not be liable or responsible for any failure to perform or delay in performance of, any of iMendMacs obligations under these Terms that is caused by an Event Outside Our Control.

9.5. If an Event Outside Our Control takes place that affects the performance of iMendMacs obligations under these Terms:

9.5.1.iMendMacs will contact you as soon as reasonably possible to notify you; &

9.5.2.iMendMacs obligations under these Terms will be suspended and the time for performance of iMendMacs obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects iMendMacs’ performance of Repair Services to you, iMendMacs will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.

10. Other important terms

10.1. Abandoned Property.

10.1.1.Any devices that are not collected from us after ninety (90 days) will be classified as Abandoned

10.1.2.In the event that your product is abandoned, iMendMacs may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell

your product at a private or public sale to pay for any outstanding service performed.

10.1.3.iMendMacs reserves it’s statutory and any other lawful liens for unpaid charges.

10.2. Product/Service Changes.

10.2.1.iMendMacs may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and iMendMacs makes no commitment to update the information provided online with respect to such products and services.

10.3. End Users Only iMendMacs services, sells and ships products to end-user customers only. You may not purchase for resale. iMendMacs reserves the right to refuse or cancel your order if iMendMacs suspects you are purchasing for resale.

11. Data Protection

11.1. You agree and understand that it is necessary for iMendMacs to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. iMendMacs will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your iMendMacs product and for quality and service-related purposes. iMendMacs will not use your information for direct marketing purposes without obtaining your consent. If you wish to have access to the information that iMendMacs holds concerning you or if you want to make changes, you can contact us on the details below.

11.2. You agree and understand that it is necessary for iMendMacs to collect, process and use your personal information in order to perform service under these T&Cs. iMendMacs will protect your information in accordance with our Privacy Policy.

12. Information about iMendMacs & How to Contact Us.

We are a company registered in England and Wales.

Our company registration number is 12035201 and our registered office is at 27 Lincoln Croft, Shenstone, Lichfield, Stafford, WS14 OND

Your use of our site is governed by our website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

iMendMacs will use the personal information you provide to iMendMacs to:

1. Provide the Repair Services;

2. Process your payment where you are required to pay iMendMacs; &

3. Inform you about similar products or services that iMendMacs provides, but you may stop receiving these at any time by contacting iMendMacs.

4. iMendMacs will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

Resale Terms and Conditions

1. The purpose of these terms

1.1. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.3. If you wish to contact us, you can contact us on the details below.

1.4. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.5. When we use the words “writing” or “written” in these terms, this includes emails.

2. Information about iMendMacs & How to Contact Us.

We are a company registered in England and Wales.

Our company registration number is 12035201 and our registered office is at 27 Lincoln Croft, Shenstone, Lichfield, Stafford, WS14 OND

3. Our contract

3.1. These are the terms & conditions on which iMendMacs will supply Purchased services to you.

3.2. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3. If we are unable to accept your order, we will inform you of this in writing, cancel your order and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Where your order contains multiple goods and one or more become unavailable for any of the above reasons, we will contact you separately by email to ask how you would like to proceed with your order.

3.4. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5. Our website is solely for the promotion of products within the UK (including Northern Ireland and the Isle of Man). Unfortunately, we do not accept orders from or deliver to addresses outside of this area.

4. Our products

4.1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. The packaging of your product(s) may vary from that shown in images on our website.

5. Your rights to changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

6. Our rights to changes

6.1. The product may change to:

6.2. reflect changes in relevant laws and regulatory requirements; and

6.3. implement minor technical adjustments and improvements, for example, to address a security threat.

6.4. These changes will not affect your use of the product.

7. Providing Products

7.1. The costs of delivery will be as displayed to you on our website.

7.2. During the order process, we will let you know when we will provide the products to you. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

7.3. If our supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4. If no one is available at your address to take delivery, our courier will inform you of how to rearrange delivery or collect the products from a local depot.

7.5. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re- arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.6. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

7.6.1.We have refused to deliver the goods;

7.6.2.Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

7.6.3.You told us before we accepted your order, and we agreed with you in writing, that delivery within the delivery deadline was essential.

7.7. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause

7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8. If you do choose to treat the contract as at an end for late delivery under clause 7.6, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us.

7.9. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a courier organised by you collect it from us.

7.10. You own a product which is goods once we have received payment in full.

7.11. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to cease the contract

8.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1.If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.1.2.If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3.If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

8.1.4.In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.

8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

8.2.1.We have told you about an upcoming change to the product or these terms which you do not agree to

8.2.2.We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

8.2.3.There is a risk that the supply of the products may be significantly delayed because of events outside our control; or,

8.2.4.You have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.7).

8.3. For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4. Your rights under the Consumer Contracts Regulations 2013 are that you have a 14 day period to change your mind and that you must pay costs incurred in returning the goods to us. Your right to a refund terminates when your warranty activates.

8.5. You do not have a right to change your mind in respect of:

8.5.1.Products sealed for health protection or hygiene purposes (e.g. earphones), once these have been unsealed after you receive them;

8.5.2.Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

8.5.3.Any products which become mixed inseparably with other items after their delivery.

8.6. If you have bought goods (for example, iMac, Macbook, iPhone, iPod or iPad) you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

8.7. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to cease the contract with us (including if you have changed your mind)

9.1. To end the contract with us, please let us know by contacting us.

9.2. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us. If you wish to return the item by post, please email us at info@iMendMacs.com with your order reference and reason for return. We will then provide you with a Return Merchandise Authorisation (RMA) number and confirm the details of where the product(s) should be sent. Please note that all returns must be sent via a tracked delivery service, with the RMA reference. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3. We will pay the costs of return:

9.3.1.If the products are faulty or misdescribed; or,

9.3.2.In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5. If you are exercising your right to change your mind:

9.5.1.We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (e.g. including but not limited to, the device having been switched on and registered). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2.The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.6. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

9.6.1.If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

9.6.2.In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

9.7. Please note that if the product you are returning was purchased with a mobile/wireless service, this service is the responsibility of your service provider and will not be automatically cancelled when the product is returned to us.

10. Our rights to cease the contract

10.1. We may end the contract for a product at any time by writing to you if:

10.1.1.you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

10.1.2.you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or,

10.1.3.the product is no longer available.

10.2. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product.

11. If there is a problem/issue with the product/service

11.1. If you have any questions or complaints about the product, please contact us, our details can be found above.

11.2. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. Summary of your key 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 www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example, a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.