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Your Statutory rights are not affected by any of the following terms and conditions.
1. Agreement for repair1.1 The terms set out in these Conditions of Repair ("Agreement") shall apply to the service we provide to repair your Apple iDevice.
1.2 Reference to "us", "we" and "our" refer to the Custompod Ltd Group (Custompod Ltd, custompod.com, appleipodparts.com, iphoneangels.co.uk, ipodtouchangels.co.uk) and references to "you" and "your" are references to you, the person addressed by this form.
1.3 Throughout this document Apple iDevice or iDevice will refer to one of the following; (Apple iPad, Apple iPhone, Apple iPod, Apple iPod Touch, Apple iPod 5th Generation Video, Apple iPod 6th Generation Classic & devices as they are released).
2. All repairs (unless otherwise stated)2.1 This Agreement shall commence from the date you place your order and shall continue until we have repaired or otherwise returned your iDevice ("Services"), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your iDevice subject to the availability of any parts required. We shall perform the Services using our reasonable care and skill.
2.3 Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
2.4 We shall notify you when the iDevice has been repaired and has been dispatched back to you / is ready to be collected from us.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will attempt to notify you immediately.
2.6 Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the iDevice is ready for collection. If the same fault should re-occur we will repair if free of charge. If the iDevice develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply
2.7 All charges may be subject to VAT and any other government taxes or duties as applicable to your home country.
3. Additional terms for chargeable repairs3.1 If the repair to your IDevice is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
3.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
3.3 The cost of repair may not fall within our standard charges where the iDevice is not generally supported by us, iDevice repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the iDevice until we have received your acceptance of that estimate.
3.4 Any orders that are cancelled before the iDevice is sent to the repair centre will incur a charge of £10.00 to offset acquisition, administration and processing charges. The balance of the order payment will be refunded within 10 working days.
3.5 Any iDevice that we believe is beyond economic repair or does not present a fault at the time of repair and is returned to the owner without a repair being carried out will be returned to the owner and a full refund will be made. However In the event that the phone is discovered to have water damage and is beyond economical repair, then the phone will be returned and a charge of £19.00 will be made to cover diagnostic charges and postage. The balance of the order value will be refunded.
3.6 If we are unable to repair your iDevice, no fault is found on your iDevice or you do not accept our estimate, we will return your iDevice to you unrepaired and we reserve the right to charge you a diagnostic fee & return postage fee in accordance with our standard charges.
3.7 We may keep your iDevice until all charges payable have been paid. [We may also charge an additional fee for storage of your iDevice].
3.8 If your iDevice is of a counterfeit nature we will still attempt to carry out the repair however in most cases this will not be possible. In these circumstances we will return the iDevice to you however no refund will be payable.
3.9 If your iDevice has additional faults other than that paid for at the time of ordering we will still endeavour to complete the repair but there may be an extra cost and we will contact you with a quote. In some instances repair may not be possible. In these circumstances we will contact you to discuss your options.
4. Liability4.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our option to: (a) supplying the Services again; (b) repaying to you any amount that you have paid in respect of the Services.
4.2 If, through our proven negligence or wilful misconduct, we damage the iDevice beyond economical repair, our liability will be limited to the cost of repair or parts paid for.
4.3 Any data or information that you may have stored on the iDevice shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data. Please back up your iDevice.
4.4 Nothing in this clause 4 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
4.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
4.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
4.7 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
4.8 We do not warranty the product or service for any external agency outside of the Custompod ltd group, such as Apple or 3rd party insurance companies.
4.9 We shall not be liable for any extra damage from due to the initial failure point. Such as failure of parts once the device is disturbed.
4.10 All your previous warranties are voided once you agree to our service.
5. Data Protection5.1 We ask for your name and address and the other details set out so that we can notify you when your iDevice has been repaired and so we can give you an efficient after-sales service. By using / requesting our Services you consent to our use of your Personal Information as described. If you do not wish us to retain any information for after-sales service you should write to us at Custompod Ltd, Unit 10, Brooklands Court, Kettering Venture Park, Kettering, Northamptonshire, NN15 6FD.
6. General6.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
6.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
6.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
6.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
6.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
6.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
6.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
Services and Conditions of Use
As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.In entering our website and making a purchase you are agreeing with our terms and conditions as set out in these pages.
Rules For Online Conduct
By using the service, you agree that you will not attempt to undermine the integrity of this web site.
Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
All trademarks appearing on the service are trademarks of their respective owners.