PURCHASES WARRANTY & TERMS & CONDITIONS

Kordio Ltd trading as "Kordio”

Terms & Conditions of Sale & Purchase for Store Transactions
Version 1.0
Dated 11/09/2016


Interpretation

1.1 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.
1.2 In this Agreement, unless the context requires otherwise: "Agreement" means this contract "Kordio" means Kordio Ltd trading as a limited company, Registered Office:

107 High Street,

Uckfield,

East Sussex,

TN22 1RN

Registered in England # 09268046.

 

"Customer" means a person or organisation that buys, sells or exchanges Goods with Kordio.


"Goods" mean chattels real (movable property) bought, sold or exchanged between a Customer and Kordio for which a valid and legible proof of purchase exists.


General

2.1 This Agreement is applicable for all non-mail order transactions with Kordio. Mail order and internet transactions are also pursuant to additional terms and conditions available upon request.
2.2 Any order for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to this Agreement.
2.3 The contract between Kordio and the Customer in respect of the Goods comes into existence when the Customer's order has been accepted by Kordio (or vice versa) in accordance with this Agreement
2.4 This Agreement shall not be altered, modified or varied unless expressly agreed to in writing and signed by a Director of Kordio.
2.5 Customers who wish to sell or exchange Goods must become Kordio members and in doing so agree to be bound by the additional terms and conditions of membership (available from on request from any Kordio store).
2.6 This agreement does not affect your statutory rights.


Price & Goods description

3.1 All price lists, catalogues, advertising matter or similar materials issued by Kordio are indicative only as to the range of Goods available from time to time and information contained therein shall not be binding on Kordio.
3.2 Kordio reserves the right to amend quoted prices and delivery charges at any time prior to invoice.
3.3 The responsibility for ensuring Goods suitability and/or compatibility remains solely with the customer save insofar as when Kordio have specifically advised the customer in writing on Kordio headed paper following full and proper advice from the customer of his/her requirements.
3.4 The Customer hereby acknowledges their sole responsibility to ensure that they have the relevant compatible accessories, suitable power step-downs, equipment, software, display devices and relevant machinery or otherwise needed to safely connect the Goods to power supplies, mains power, batteries and other devices.


Payment & title for Goods sold by Kordio

4.1 All goods to be paid for in full at time of sale.
4.2 Title of the Goods shall not pass to the Customer until the Customer has paid all sums due and is irrespective of delivery having been made.
4.3 Prior to the title of the Goods passing to the Customer the Customer shall hold the Goods as fiduciary agent to Kordio and shall keep the Goods separate from any other goods properly stored, protected and insured and clearly identified and shall bear the costs thereof.


Payment & title for Goods sold by customer

5.1 All goods to be paid for in full at the mutually agreed earliest convenience of Kordio and customer following a successful testing by Kordio testing staff only.
5.2 Title of the Goods shall pass to Kordio following successful testing by Kordio testing staff and a purchase price having been agreed between Kordio and the Customer.
5.3 Goods failing Kordio tests or rejected by Kordio for any other reason (but not paid for) will remain the property of the customer.


Testing of Goods

6.1 While Kordio will make every effort to look after Goods left by customers for test, they are left at their own risk.
6.2 Goods that fail tests or are rejected by Kordio for purchase will be held for fourteen days for collection.
6.3 Goods not collected after 14 days may be disposed of or sold on by Kordio.


Extra Expense caused by the customer's default

7.1 If Kordio incurs any costs (including storage charges) as a result of the Customer's neglect or default, the Customer must pay those costs in addition to the contract price.


Delivery

8.1 Delivery is deemed to take place when Kordio hands over to the Customer proof of purchase that authorises the Customer to remove the Goods from the Kordio store.
8.2 Late delivery of goods does not entitle the customer to do any of the following:
(a) Reject the Goods
(b) Terminate the contract
(c) Withhold payment of any part of the contract price


Returns

9.1 Upon purchase of Goods Kordio shall issue the Customer with a receipt that is proof of purchase.
9.2 All returns must be accompanied by proof of purchase for the Goods concerned.
9.3 Secondhand Goods sold by Kordio are covered by a 6 month warranty* from the date on the proof of purchase unless clearly stated at the time of purchase. This does not affect your statutory rights. For consumable items (e.g. Batteries, ink cartridges) the warranty period is 30 days from the date of purchase. 
9.4 Kordio reserve the right at their sole discretion for secondhand Goods returned after 30 days from the purchase date that under proper use are, or become, defective within a period of 6 months* (on all items purchased on or after 14th Nov 2015) from the Purchase date to:
(a) Make good by repair or replacement
(b) Failing that if the item proceeds to go faulty again through normal use we will refund to current/original price (whichever is the lower)

9.5 Kordio will only accept Goods returned that are:
(a) Accompanied by a valid proof of purchase for the Goods.
(b) Returned Items to Kordio should contain all items included in the original sale including manuals, cables, disks, packaging and any other items originally supplied.
Kordio cannot accept Goods returned that are:
a) Returned to a store without a proof of purchase.
b) Faulty, caused by Accident, neglect, misuse or normal wear and tear.
c) The Kordio warranty sticker has been broken.
This warranty does not cover damage or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, faulty installation, improper maintenance, and improper voltage supply, interference from or with other Electronic devices, alteration, maladjustment of customer controls, improper modification (such as mobile phone sim-lock removal), firmware flashing, bios flashing or service by anyone other than a Kordio approved agent.
9.6 Kordio will exchange most goods purchased in error or unwanted gifts provided they are returned within 2 days in the condition they were sold accompanied by a receipt. The exchange is issued as a Kordio voucher for the purchase price. We are unable to accept items that have previously been exchanged.
9.7 Kordio excludes from 9.6 all new items, blank media, SIM cards, operating systems and products that lock ownership.

9.8 Kordio store’s Manager or company director’s decision is final in all matters.


"We Treat you Better" Price Match Promotion

10.1 Kordio will beat any buy in price offered to the public by a local competitor store within 5 miles of the Kordio store entered, by £1 on all applicable products.

10.2 You need to be able to provide proof of the buy in or service price you have been offered and we must be able to verify the competitor's price online or via an App unless otherwise decided by a store manager or company Director.

10.3 Kordio will offer a free tempered glass with any applicable screen repair/replacement when done using the “We Treat you Better” Price Match Promotion.
10.4 Kordio will only compare cash vs cash and exchange vs exchange values.
10.5 The competitor's price must be for an identical product or service in the same condition.
10.6 This cannot be used in conjunction with any other offer.
10.7 Kordio store’s Manager or company director’s decision is final in all matters.
10.8 Exclusions from this Offer, unless otherwise decided by the store manager or a Company Director:
a) Trade-ins of more than one of the same item.
b) Anyone believed to be representing a Trader.
c) Local pricing not listed on the competitors’ websites or app.
d) Kordio reserves the right to exclude products at any time without prior notice.
e) Kordio reserve the right to withdraw the “We Treat you Better” promotion at any time without prior notice.
f) Standard Terms and Conditions apply.


Limitation of Liability

11.1 Kordio's liability whether in contract tort or otherwise in respect of any defect in the Goods or for any breach of this Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Goods in question.
11.2 Kordio shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from a breach of duty in contract or tort or any other way (including loss arising from Kordio's negligence). Non-Exhaustive illustrations of consequential or indirect loss would be:
(a) loss of profits;
(b) loss of contracts;
(c) loss of data;
(d) damage to property of the Customer;
(e) personal injury to the Customer or anyone else (but only so far as such injury is not caused by Kordio's negligence)


Proprietary rights

12.1 The Goods are sold subject to the rights of any person whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise to prevent or restrict the sale or use of the Goods in any part of the world and the Customer will in this respect accept such title to the Goods as Kordio may have.
12.2 The Customer hereby acknowledges their sole responsibility to comply with all terms and conditions of any licence attaching to Third Party Software supplied and delivered by Kordio. The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer hereby further agrees to indemnify Kordio in respect of all costs, charges or expenses incurred by Kordio as a result of any breach by the Customer of such conditions.


Export Limitation

13.1 Certain Goods supplied by Kordio may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re- exportation from the United Kingdom. The Customer will not export any Goods supplied by Kordio without first obtaining all appropriate approval from relevant authorities.


Waiver

14.1 The failure of Kordio to enforce or to exercise at any time or for any period of time any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right


Force Majeure

15.1 Kordio shall not be liable for any default due to any act of God, war, strike, lockout industrial action, fire, flood, drought, storm or other event beyond the reasonable control of Kordio.


Notices

16.1 Any notice given under or pursuant to this Agreement may be sent by hand or by post or by registered post or by recorded delivery or transmitted by facsimile or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when in the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.


Legal Provisions

17.1 The applicable law of this agreement is English Law.
17.2 The parties submit to the exclusive jurisdiction of the English courts.