Terms of Service
EMBEDDED ADVENTURE TERMS OF SERVICE
3 June 2010
This page (together with the documents referred to on it) tells you the terms and conditions (our terms of service) on which we supply any of the products (Products) listed on our website www.embeddedadventures.com (our site) to any person who places an order for such Products (you). Please read these terms of service carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms of service.
You should print or save a copy of these terms of service for future reference.
Please check the checkbox marked "I Accept the Embedded Adventures terms of service" on our site during the ordering process if you accept them. Please understand that if you refuse to accept these terms of service, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 The site is operated by Embedded Adventures Ltd (we). We are registered in England and Wales under company number 7181030 and with our registered office at 13 Princeton Court, 53-55 Felsham Road, London, SW15 1AZ. Our VAT number is 989 6805 37.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old..
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After you place an order, we will send you an e-mail acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer from you to us to buy a Product. All orders are subject to acceptance by us and we are under no obligation to accept your order. If we choose to accept your order, we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us for your purchase of the Product (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. LINKS TO THIRD PARTY SITES
4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality. Any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within a cooling off period of seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them (that is, they must not have had power applied or been soldered or affixed to anything else) , and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.
5.4 This provision does not affect your other statutory rights.
6. AVAILABILITY AND DELIVERY
You acknowledge that delivery of your order will be performed by a third party delivery company and we are not responsible for the date of such delivery. Depending which delivery option you select when placing an order, you may be able to track the delivery of your order. We cannot accept any responsibility for the performance of any delivery company selected by you.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of dispatch.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 The prices listed on our site do not include VAT or delivery costs, which will be added to the total amount due as set prior to you placing your order.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, UK issued Maestro, non UK issued Maestro, Solo and shortly, American Express. We will not charge your credit or debit card until we despatch your order.
9. OUR REFUNDS POLICY
9.1 Refunds under the cooling-off period. When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We will only accept returns in accordance with your cooling-off rights where the Product remains in the condition in which it was provided to you and remains in its original packaging, and has not had power applied or been soldered or otherwise affixed to anything else.
9.2 Damages caused by you to Products.
It is very important that you follow all instructions and specifications provided. If you do not understand an instruction please contact us at email@example.com.
Please be careful when making use of the Products you purchase from us. While we hope you enjoy experimenting with our Products and making them work, we will not be responsible for any damages caused by you. You acknowledge that the Products we sell are for experimentation and prototyping purposes and as such are provided in a form where it is possible to damage them irreversibly if you make a mistake in how you power, operate or make up the Product or if you operate it outside its specification. Products will not be considered defective under clause 9.3 if they do not work because of damage you have caused. This does not affect your statutory rights.
9.3 Refunds for defective products.
You have the right to return Products that were dispatched by us in a defective condition. Without limiting your statutory rights, we will only accept returns if the Product has not been affected in any way following dispatch by us. Some of the circumstances in which a Product will be considered affected include where either power or solder have been applied to the Product, if the Product has been attached to anything else or if the Product has otherwise been altered in any way. If you have affected a Product and then come to consider that it had been received by you in a defective condition, please contact our technical support team on firstname.lastname@example.org for advice on remedying the problem. If we find that the Product was delivered in a defective condition then the product will be considered “defective” for the purposes of this clause 9.3. When you return a product to us because you claim that the Product was provided to you in a defective condition, we will examine the returned Product and notify you if you are entitled to a refund (or, subject to availability and at your choice, a replacement Product) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
9.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 To the extent permitted by applicable law, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the amount you paid for the purchase and delivery of the Product you purchased.
10.3 The limitation under clause 10.2 does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 Our Products are provided for personal use and not for resale unless specifically agreed with you. In any event, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms of service by us that would entitle you to terminate the Contract between us, including but not limited to:
(a) loss of income or revenue (b) loss of business (c) loss of profits or contracts (d) loss of anticipated savings (e) loss of data, or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of, and legal obligations regarding, any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic, whether by email or by completing online forms on our site. We will contact you by e-mail or provide you with information by posting notices on our site which we might ask you to visit. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Embedded Adventures at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent by us to you or the next working day (in England) after an email is sent by you to us, or three days after the date of posting of any letter by either you or us within England or eight days where posting internationally. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the regular national post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns. 14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, volcanic disruption or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) Invasion of planet earth by alien beings (whether benevolent or not).
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of service, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms of service shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms of service or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms of service and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of service.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms of service.
19. OUR RIGHT TO VARY THESE TERMS OF SERVICE
19.1 We have the right to revise and amend these terms of service from time to time to reflect changes our Products or business methods, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms of service in force at the time that you order Products from us, unless any change to those policies or these terms of service is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of service before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms of service, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.