Gadgeter.com - gadgets, gizmos, gifts - fun boys toys - cool birthday presents

Terms and Conditions

All orders are subject to these Terms and Conditions.

1. Reference to the seller - Relates to gadgeter.com (the retail division of Active Products) of The Innovation Centre, Mewburn Road, Banbury, Oxfordshire, OX16 9PA, U.K.

2. Reference to the buyer - Relates to the customer of gadgeter.com. This can be either Retail sales (typically, orders for below 100 units and unprinted) or Corporate sales (typically, orders for over 100 units and personalised to order or printed).

3. Orders and Payment:

3.1.	Corporate sales only: For goods specially made or personalised to order, all orders must be accompanied at the time of ordering by an completed order form (or at the discretion of the seller a buyer's official Purchase Order), final artwork, and a hardcopy printout of that artwork.
3.2.	Corporate sales only: For UK/EEC buyers VAT is chargeable on all prices at the rate of 17.5% and must be included in the buyer's payment.
3.3.	The buyer will receive a full VAT invoice from the seller.
3.4.	Corporate sales only: Credit accounts are only available for UK based Public Limited Companies, Local and Central government departments and agencies, health and education establishments or other organisations at the sole discretion of the seller. The opening of a credit account, the limit and it's on going existence is solely the discretion of the seller. If the account is closed for whatever reason, any outstanding sums will immediately be forwarded to the seller.
3.5.	Corporate sales only: Credit account buyers shall pay the price of the goods within 28 days of the date on the invoice. If any part remains unpaid after 28 days from the date of the invoice, the balance unpaid shall bear interest such interest shall be payable by the buyer to the seller at the rate of 5 percent over the base rate for the time being of NatWest Bank plc until payment of the unpaid balance in full. If after the period of 56 days from the date of the invoice, the balance remands unpaid the seller may refer the invoice to a collection agency for a collection, then the buyer shall pay and the seller may add to the invoice in question the collection charges or any costs associated with collection of outstanding sums.

4. Designs - (Corporate sales only) On goods specially made to order we reserve the right to modify a design should it be reasonable to do so, in order to obtain the best results, even post proof approval by the buyer.

5. Carriage - For Retail sales carriage is in addition to the product price. For Corporate sales 3 day UK carriage is included (unless otherwise stated) in the total price. Other carriage options (such as fulfilment) are available at extra cost.

6. Quotation and contracts:

6.1.	Errors and omissions excepted.
6.2.	Any contract between the seller and the buyer shall be governed by English law and the courts of England and Wales shall have non exclusive jurisdiction over an dispute.
6.3.	All dealings, correspondence and contracts between the seller and buyer shall be made or conducted in the English language.
6.4.	The details shown on the order form will for the basis for production.
6.5.	Orders are accepted subject to the seller's right to adjust the prices quoted in event of any fiscal change in law or Government regulations prior to the date of delivery or any substantial change in the currency rate at the import or delivery of goods.
6.6.	Corporate sales only: The right is reserved to supply up to a certain maximum over or under the ordered quantity. The maximum or minimum will be kept to no more than +/- 5%.
6.7.	We constantly review our products, prices and communications (adverts & website) for improvements or modifications, such changes will be made without prior written notice.
6.8.	Price guarantee: We believe that we offer the best prices, but if you can find, at the time of ordering, a UK based internet retailer offering a product of the same design, materials and quality at a cheaper price we will beat their prices. Subject to the selling price not been below the seller's cost price. The seller reserves the right to waiver this policy at anytime for any reason.
6.9.	All dimensions, colours, descriptions and weights shown, stated or quoted are approximate, and should be treated as a guide only.
6.10.	Corporate sales only: The buyer gives the seller full title to use any goods created by a buyer's order over and above the quantity required to satisfactorily fulfill the order for the purposes of demonstrating the quality of goods as supplied by the seller.

7. Cancellation - If any order is cancelled by the buyer or seller at any time after placing the order then the buyer shall reimburse the seller any costs and expenses incurred by the seller in connection with that order. The seller reserves the right to cancel at anytime without notice the buyer's order for any of the following reasons:- incomplete or unsatisfactory; artwork, order form or payment, change of any aspect of the order (excluding proof changes) by the seller at any stage of the duration of the order or any hindrance or unacceptable demands by the buyer that might make the completion of the order by the seller unsatisfactory.

8. Claims:

8.1.	Corporate sales only: For goods specially made or personalised to order, which have been made and/or supplied to an unacceptable quality. In the unlikely occurrence of such an event any claim must be notified in writing within three days as otherwise no claims can be entertained.
8.2.	Non delivery of goods - Goods must be examined on arrival and shortages or damages notified in writing within three days as otherwise no claims can be entertained.
8.3.	Packages damaged in transit - Claims arising from damage to packages in transit must be notified, upon receipt, to both the carrier and the supplier, with a note to the effect being made on the carriers delivery docket. Goods and packaging material are to be retained for inspection purposes.

9. Satisfaction guarantees and the Distance Selling Regulations (Retail sales only):

9.1.

For retail goods supplied by mail order which have not been specially made or personalised in any way, the seller offers the buyer a 30 day money back guarantee, this is inclusive of the 7 working day cooling-off period of the Distance Selling Regulations act (2000). Postage and Packing (carriage) costs are excluded from the guarantee. The buyer is responsible for the cost of returning the items and they must be returned as new, unused and complete with all original packaging, a refund will be make within 30 days of receipt of the goods. The seller shall not be held liable for any loss, injury or damages caused by the use or misuse, unavailability or any other reason by the goods or the use of the goods supplied to the buyer by the seller. For goods specially made or personalised to order the seller gives no warranty, guarantee, promise whatsoever in relation to the goods supplied.

9.2.

Under the Distance Selling Regulations act (2000) the buyer has a 7 working day cooling-off period starting after the date of receipt to cancel the order for all retail mail order transactions with the exception of: Trade or Business Transactions, personalised goods or goods made to a consumer's specification, items where the prices fluctuates or is volatile, Postage and Packing charges, and perishable items. Postage and Packing (carriage) charges are a separate contract and are deemed as a service that has begun and has been completed before the end of the cooling-off period. To return the goods the buyer must sent the seller written confirmation (using the return box on the receipt) within the cooling-off period. The buyer is responsible for the cost of returning the items and they must be returned as new, unused and complete with all original packaging.

10. Liability and Guarantees - Delivery promises are given in good faith and are approximate, but orders accepted on the understanding we are not to be held responsible for delays beyond our control. The seller shall not be held liable for any loss, injury or damages caused by the use or misuse, unavailability or any other reason by the goods or the use of the goods supplied to the buyer by the seller.

11. Trademarks - For goods specially made or personalised to order it is the responsibility of the buyer to ensure that his/her requirements do not constitute an infringements of any copyright, patent rights, design, trademark or name, or other protected rights. The buyer shall save harmless and indemnify the seller from or against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. Products shown as samples or in brochures or website bearing names, logos and trademarks do not necessarily indicate or imply that the products have been supplied to the owner of the name or trademark, but are an illustration of branding techniques. By accepting these terms and conditions the buyer gives full consent and authorisation for the seller to state and display in marketing media and website the name of the company or organisation and an related logos as examples of previous work.

12. Passing of Title - Until full payment has been made of all sums outstanding from the buyer to the seller (including Debts arising before the date of this contract):

12.1.	The property in the goods shall remain in the seller.
12.2.	The seller shall have full legal and beneficial ownership in any new product into which the goods are converted.
12.3.	The buyer shall keep and store the goods and any new product in such a manner that they may be easily identified as being the property of the seller.
12.4.	The buyer shall be at liberty to sell the goods (or any new product described in 11.2 above) in the ordinary course of business.
12.5.	The benefit of any contracts of sales and the proceeds of any sales shall be the property of the seller and held in trust for the seller absolutely.
12.6.	The seller may, by written notice, terminate the buyer's power of sale at any time if the buyer goes or threatens to go into receivership or liquidation.
12.7.	If the buyer is a limited company and goes into liquidation owing money to gadgeter.com then the Directors of the buyer jointly and severally agree to pay gadgeter.com on demand the money so owned by the buyer. The seller reserves the right of the proceeds of the Sale of Goods by the Buyer or Third Party.
12.8.	At any time after the termination of the power of sale, the seller may repossess the goods and the buyer hereby grants to the seller an irrevocable licence to enter upon any premises of the buyer's for the purpose of doing so.
12.9.	If the buyer returns to the seller all or any part of an order that has been previously shipped by the seller to the buyer and full payment has been received by the seller from the buyer, the seller can dispose of said order in any way solely at the discretion of the seller. The buyer is liable for any shipping cost incurred in returning these goods to the seller.

13. Samples - (Corporate sales only) For goods and products personalised to order, samples may be required for inspection before proceeding with an order, buyers seeking a sample/s should place an order for the product/s they require though the retail sales routes, if an order is placed the cost of the sample will be subtracted from the total cost of the order for personalised products, if the buyer decides not to proceed with an order the product/s can be returned within 30 days for a full refund of the product/s price.

14. Copyright - All rights reserved. Reproduction of any part of the sellers website and information pack, storage in retrieval system or recorded by any means, without prior permission from gadgeter.com is prohibited.

15. All orders placed with gadgeter.com are deemed to be subject to the standard conditions in paragraphs 1-15