Copyright and Patents Notice
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Part 1 Making an agreement to purchase our goods:
- The market in the goods is such that the specification, description and price of individual goods can change.
- The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
- Your order is an offer to us to buy the goods of the specification and description at the price indicated.
- Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
- Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
- You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
Part 2. Delivery of goods
- The price of the goods does not include delivery by us to you.
- The costs of carriage and any insurance which you direct us to incur shall be reimbursed by you and shall be due on the date for payment of the price.
- The goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
- You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
- We will only ship products to the registered 'Eligible' PayPal address by default and without exceptions. Our policy is to prevent fraudulent or accidentally placed orders. At the time of sale you agree to this exception without any prejudice.
- Orders with 'FREE' shipping are sent via Standard delivery which may take 14 to 30+ working days.
1. Payment and Price
We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as exclusive of any kinds of taxes. Once an order has been placed it may take up to 2 to 3 working days to dispatch your product(s) due to stocking or other factors outside our control.
- We will try to deliver the goods to you within the time estimated for delivery.
- If we are unable to do so, we reserve the right to deliver them within 30 days beginning with the day after the day of the agreement between us.
- If we are unable to deliver the goods to you within 30 days beginning with the day after the day of the agreement:
a: we shall inform you by e-mail ;
b: we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid;
c: Unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
3. Your right of cancellation
- The rights of cancellation set out below apply to any agreement between you and us save insofar as the agreement is in respect of computer software if it is unsealed by you.
- You may cancel by giving us notice in any of the following ways:
a: by calling our support number.
b: by electronic mail to our electronic mail address (provided above) and the notice shall operate to cancel the agreement between us.
4. Guarantees & After sales service
- We guarantee that the goods will correspond with the stated description and specification.
- We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
- The terms of any manufacturer's guarantee and after sales service will be included within the documents accompanying the goods.
- We are willing to provide advice to you in accordance with the conditions below.
1. Conditions applicable
- These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
- All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions;
a: Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
b: Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
2. Acceptance of the goods
- You shall be deemed to have accepted the goods 3 days after delivery to your carrier.
- After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
3. Rejection of the goods
If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
4. Return of goods which are in accordance with the contract
- No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorization procedure) and on terms to be determined at our absolute discretion.
- If we agree to accept any such goods for return you shall be liable to pay a re-stocking charge of (15%) of the invoice price(exclusive of shipping charge). Such goods must be returned by you to us carriage-paid and in the original packaging.
- Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
5. Variations in description or specification
We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
6. Limitations upon our liability to you
- Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
- We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
- We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.
7. Customs Liability
If for any reason your order cannot be delivered to you due to a Customs clearance issues, we will discuss with you about how to resolve the issue.
If goods cannot be delivered due to restrictions in your own country, this is solely your responsibility. For example, if you decided to try to import an Android phone, but this technology is illegal or restricted due to local laws in the delivery destination country, that is your responsibility to know about before you order from our site.
If the delivery failed for that reason, we cannot offer any compensation, because as the importer it's your job to know about the local regulations. Another situation in which you must accept liability is where your country requires you to have a licence to import commercial goods: in this case, it is your responsibility to know about this before you place an order on our site and in the case of a failed delivery, we cannot offer any compensation.
As the importer you hold sole legal responsibility for responding to questions about imported goods delivered to you. Import duties, sales tax, and any other customs charges and fees, are your sole responsibility, as described in our terms and conditions. If a delivery fails because you do not respond in time to Customs communications, or you refuse to pay the applicable charges, we cannot offer any compensation.
8. Failed deliveries
If for any reason the delivery of your item(s) fail you will be fully responsible for all failures and charges related to the order. Xiaomi.eu will not provide refunds for any orders or products which failed delivery. Customers are 100% responsible for providing accurate address information, telephone numbers and emails.
9. Choice of law and jurisdiction
- This contract is subject to the law of China
- All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of China.
- If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceable of the remainder of the conditions.