1) THESE TERMS
1.1 These terms and conditions of sale (hereinafter the “T&Cs”) set out the conditions that apply to the purchase of goods or services (hereinafter referred to as “Goods” or “Services”) or both through our website www.easology.net (“Website”). Any customer making a purchase on the Website will be referred to as “Customer”, “You”, or “Your”.
1.2 These terms and conditions only cover our website. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control.
1.3 Why you should read them. 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.
1.4 Who we are The Website is operated by Easology Limited, a company registered in England. Our company registration number is 06627807 and our address is Third Floor Connexions Building, 159 Princes Street, Ipswich, England, IP1 1QJ. Our registered VAT number is 143112658.
These T&Cs and the other applicable documents referred to in them will form an agreement You and Easology Limited (“Easology”, “We”, “Us” or “Our”).
Easology can be reached in the United Kingdom by using the contact details indicated in Clause 24 (“Customer Service”).The Customer or Easology are referred to individually as a “Party” and together as the “Parties”.
2) CONDITIONS RELATING TO CUSTOMER
For any purchase made on the Website, You expressly acknowledge that:
a. You are at least 18 years old at the time You place Your order;
b. You will take delivery of the Goods in the United Kingdom (mainland only) ; and
c. You have carefully read these T&Cs and fully accept them.
3) GOODS AND SERVICES DESCRIPTION
Our Goods and Services are displayed on Our Website and are subject to availability. Easology expressly reserves the right to remove or add Goods or Services to the Website at any time. For any questions or additional information, please contact our Customer Service using the contact details set out in Clause 24.
4) OUR PRODUCTS
Products may vary slightly from their pictures. 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.
5) OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
The price of the Goods and Services are displayed on the Website and are in British Pounds (£), (inclusive of all taxes).
The prices for the Goods displayed on the Website are exclusive of shipping costs, which will be indicated to You during the order process and before Your order confirmation and added to the total amount due.
The prices displayed on the Website may be modified at any time and without notice. However, such modifications will not affect any orders that You have already placed.
7) ORDER PROCESS
7.1 Order process. The Customer can browse the Website without placing an order.
If the Customer wants to purchase Goods and Services, he/she will have to choose the Goods or Services to add to his/her shopping cart and will have to select the quantity of Goods and Services.
Thereafter, the Customer will have two options:
– If the Customer holds a Easology account, he/she can log on to place an order faster.
– If the Customer does not hold a Easology account, he/she can place an order as a guest.
The Customer will then have the opportunity to check his/her shopping cart, his/her order and the total price to be paid and to modify the contents of the shopping cart and the order. The Customer will then have to click on “I have read and agree to the website terms and conditions *”.
To confirm his/her order, the Customer will have to click on the “Place order” button.
Once the payment has been processed, the Customer will receive an email confirming the order and payment.
7.2 How we will accept your order. 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.
7.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be 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.
7.4 Your order number. 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.
7.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
8) PRICE AND PAYMENT
8.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
8.2 We will pass on changes in the rate of VAT. 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.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
8.4 When you must pay and how you must pay. Easology uses the secured software solution Stripe and Paypal, to enable the Customer to pay for his/her order by credit or debit card. Payments by cheque or by wire transfer are not accepted.
In order to pay for his/her order the Customer must:
– either pay via the Stripe payment interface by using his/her credit or debit card. In this case, the Customer will have to provide his/her credit or debit card number, the expiration date, the owner’s name and the security code (the three or four last numbers on the back or the front of the card, depending on the type of credit or debit card used). Payment information is only communicated to the Stripe website and neither the Website nor Easology receives or collects any banking information. The payment process is fully secured by Stripe;
– or pay by using his/her Paypal account.
Please refer to the relevant security rules on the Stripe or Paypal websites, as applicable, and never disclose any banking information to a third party.
Information relating to order payments is set out on the Website, but if the Customer wishes to have additional information or help, he/she can contact our Customer Service using the contact details indicated in Clause 24. If a Customer’s bank or building society declines the payment, the order will not be confirmed and the Customer will be informed via his/her Easology account, by email or by Customer Services.
Orders for Goods placed on the Website are only for delivery within the United Kingdom (mainland only).
When placing an order, the Customer will have to provide a billing address. This address will be used to dispatch the Goods once the order has been confirmed, except if a different delivery address is provided.
Shipping costs will be automatically calculated when the order is finalised and will be indicated to the Customer prior to his/her confirmation of the order. Easology uses the services of third-party carriers for its deliveries. The Customer will also be provided with an order tracking number.
We aim to deliver orders made by 3pm next day from the date of the order confirmation and the estimated delivery date will be confirmed in the confirmation email that You will receive.
The Customer should check his/her Goods once he/she has received them.
In the event that Goods are damaged or defective at the time of delivery, the Customer should immediately inform the carrier. The Customer may also contact Easology’s Customer Service using the contact details set out in Clause 24.
You will own the Goods once payment has been received in full by Easology. However, the Goods will only become your responsibility once You or any other person identified by You has acquired physical possession of the Goods.
11) PROVIDING THE PRODUCTS
11.1 When we will provide the products. On the basis that the product is a one-off purchase of digital content, we will make the digital content available for download by you immediately after we accept your order.
11.2 We are not responsible for delays outside our control. If our supply of the products 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.
11.3 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product notified by us to you (see clause 5).
11.4 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
12) IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
12.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us by writing to us at [email protected].
13) RIGHT OF CANCELLATION
a) Time limits and method
The Customer has a right of cancellation that he/she can exercise without giving any reason for a period of 14 days starting from the day of receipt of any Goods ordered on the Website or, in the case of Services, from the day on which the agreement is made.
The Customer will be refunded the entire amount paid, including shipping costs, within 14 days from the day on which Easology is informed of the Customer’s decision to cancel. However, in relation to Goods, Easology may withhold the reimbursement until it has received the Goods back, or until the Customer has supplied evidence of having sent back the Goods, whichever is the earliest.
The Customer shall bear all costs of returning the Goods when exercising his/her right of cancellation.
The Customer shall send back the relevant Goods no later than 14 days from the day on which he/she has communicated his/her decision to cancel.
In order to exercise Your right of cancellation, You must inform Us in writing, in a clearly worded statement, within 14 days from the receipt of the relevant Goods or, in the case of Services, within 14 days from the day on which the agreement is made. In order to notify Easology of cancellation, You may, if You wish, use the cancellation form attached to these T&Cs that can be sent back by email to [email protected] by mentioning “Cancellation” in the subject heading. You may also inform Us of Your decision to cancel Your order via the messaging service that is accessible through Your Easology account.
You must take care of the Goods You want to send back and must not open, use or damage them.
In particular, the Goods to send back should be in perfect condition and in their original packaging, not unsealed and undamaged and should be accompanied by a copy of the sales invoice. Also, in order to facilitate the handling of Your return, please mention the return number indicated on Your parcel.
Please note that if, as a result of You handling the Goods in any way other than that which is reasonably necessary to verify their nature, characteristics and good functioning, they are impaired in any manner, we are permitted by law to reduce the amount of Your refund to reflect any reduction in the value of the Goods.
b) Exclusion of the right of cancellation:
Among the Services that Easology offers on the Website, some can be fully performed if You wish, during the cancellation period.
In accordance with Section 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if You want Us to start providing a Service before the end of the cancellation period, You must expressly request so, and accept that if a Service has been fully performed during the cancellation period, You will no longer have a right of cancellation.
14.1. If you wish to return a Product to us you may contact us via Easology’s Customer Service using the contact details set out in Clause 24. We will then inform of you of the arrangements to return the Product to us.
14.2 If you are returning a Product to us:
(a) because you have cancelled the Contract between us within the 14-day period (see above), we will process the refund due to you as soon as possible after collection of the Product from you and, in any case, within 14 days of the day you gave us notice to cancel . Where you are entitled to a refund, we will refund the price of the Product in full. Subject to instances where installation is available, we will be responsible for collecting any returned Product from your address in the United Kingdom.
(b) for any other reason (for instance, because you have notified us in accordance with the terms below that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time and, usually within 5 working days of when we receive the Product from you. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.
14.3. Subject to the terms below, if you believe that a Product you have ordered from us is defective, you should contact us via Easology’s Customer Service using the contact details set out in Clause 24. We will advise you of the appropriate steps to take. If you notify us within 30 days of delivery of the Product that the Product is defective, you will have the option to select a repair, an exchange or a refund. If a fault is found after 30 days from delivery of the Product, you should contact Samsung for their warranty details.
14.4. 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 and return the Products to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been damaged.
14.5. We will usually make any refunds using the same method originally used by you to pay for your purchase.
14.6. We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our website are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.
14.7. This Returns Policy does not affect your statutory rights.
If Easology does not deliver an order; if the delivered Goods are not the ones You ordered; if they are defective or damaged; or if an incorrect quantity are delivered, We can:
– remedy any shortage or lack of delivery or incorrect delivery; or
– replace all defective or damaged Goods; or
– refund the amount You paid for such Goods.
This shall not preclude Your right of cancellation from being exercised as set out in Clause 13 above.
Nothing in these T&Cs shall exclude or limit the rights You have as a consumer under the applicable law. Easology is under a legal duty to supply Goods that are in conformity with any agreement it makes with You. In particular, You, as a Customer benefit from the statutory implied terms in sections 13 to 15 of the Sale of Goods Act 1979 (title and quiet possession, description, satisfactory quality and fitness for purpose) and section 13 of Supply of Goods and Services Act 1982 (reasonable care and skill) and have rights under the Consumer Protection Act 1987.
16) OUR LIABILITY TO YOU
Easology cannot be held liable for any breach of or delay in performing any of its obligations to You under these T&Cs that would result from Events Outside Our Control.
Events Outside Our Control means any act, event, omission or any other accident beyond Easology’s control, including, but not limited to, the following situations:
– strikes and lock-outs or other industrial action;.
– civil disorders, riots, terrorist attacks or threats of terrorist attacks, war or threat of, or preparation for, war);
– failure of private or public telecommunication networks;
– fires, explosions, storms, floods, earthquakes, epidemics, or any other natural disaster.
The obligations of Easology under the T&Cs will be suspended for the duration of the Event Outside Our Control and any time limit for performance of any such suspended obligation will be extended by a time period equal to the duration of the Event Outside Our Control.
Easology will use its best efforts to remedy any problems caused by the Event Outside Our Control and to find a solution so that We can perform Our contractual obligations as soon as reasonably possible once the Event Outside Our Control is over.
16) INTELLECTUAL PROPERTY
All the items (text, images, logos, trademarks, patents, databases) on the Website or any other related website owned by Easology are subject to intellectual property rights and cannot be reproduced or used without Easology’s prior consent.
No one is authorized to use for business purposes, circulate or use the intellectual property including, but not limited to, the rights in the name “Easology”, without Easology’s prior written consent. The trademarks and logos owned by Easology are registered trademarks. Any reproduction without Easology’s prior consent constitutes trademark infringement.
17) APPLICABLE LAW AND JURISDICTION
The T&Cs and any order placed on the Website are governed by English law.
If You are unhappy with any Goods or Services provided by Easology in any way please get in touch with Us by sending a letter or email to our Customer Service, using the contact details indicated in Clause 24 and We will do Our best to resolve Your issue as soon as possible.
If the Parties cannot resolve the issue, both Parties agree that the courts of England and Wales will have non-exclusive jurisdiction for any claim. However, if You are a resident of Northern Ireland You may bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may bring proceedings in Scotland.
18) DATA PROTECTION
Easology processes the personal details of its Customers in order to prepare and handle orders and to allow it to fully perform its obligations under the contracts entered into with its Customers.
Customers can also subscribe to the Easology newsletter and receive commercial offers about Easology’s Goods.
Customers have a right to access, rectify and delete Personal Data or to object to its processing. You can do this by writing to our Customer Service using the contact details indicated in Clause 24.
A cookie may be stored on the Customer’s computer in order to record browsing information. The Customer can object to the placing and storage of such cookie by configuring his/her web browser to this effect.
20) OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
20.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
20.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
20.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21) HOW WE MAY USE YOUR PERSONAL INFORMATION
21.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
21.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
21.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
22) OTHER IMPORTANT TERMS
22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
22.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
22.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to European Commission Online Dispute Resolution platform via their website at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. The European Commission Online Dispute Resolution platform will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
23) MODIFICATIONS OF THE T&CS
Easology may, from time to time, amend the T&Cs, in order to implement changes of law or regulations, changes in the market, changes in the methods of payment, as well as for any other reason that Easology, at its discretion, would consider useful.
The Customer is bound by the T&Cs enforced on the day the order is placed.
24) CUSTOMER SERVICE
You can contact Customer Service by sending a message to [email protected].
Appendix 1 – Cancellation form
(Complete and return this form only if You wish to cancel the agreement).
To Easology (Service Client),
I/We (*) hereby give notice of cancellation of my/Our (*) contract of sale of the following Goods (*)/for the provision of the following Service (*):
Ordered on (*)/received on (*):
order number :
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only if this form is notified on paper):
(*) Delete as appropriate