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Terms & Conditions

 

1. Applicability

  1. The commercial relationship between Gear4 HK Limited (hereinafter referred to as GEAR4) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of ordering.
  2. We herewith reject in full the applicability of any other Terms and Conditions. GEAR4 does not accept deviating terms and conditions of the customer unless GEAR4 has expressly agreed to their applicability.
  3. Where these Terms and Conditions do not contain a provision, the statutory provisions shall apply, unless an individual agreement has been concluded which takes priority.

2. Data Protection

  1.  The personal data collected by GEAR4 in the context of implementing the contract shall be used exclusively for the purposes of contract performance and customer care.
  2.  The data will not be disclosed to third parties.

3. Storage and access to the text of the contract

  1. The text of the contract is stored in the GEAR4 systems.
  2. The customer can view the General Terms and Conditions at any time on this page.
  3. Following order completion, customers may view their order details in the personal login area.

4. Order Information

  • All prices are quoted in GBP, including the currently applicable VAT.
  • Invoices shall detail the price of the goods and the costs of any additional services, such as packaging, shipping, VAT at the rate applicable at the time of invoicing, etc.
  • The minimum order amount is GBP 5.00.

5. Contract conclusion

  1. The presentation of products in the online shop does not constitute a legally binding offer, but solely an invitation to order. All invitations to order presented in the online shop are valid only “while stocks last”, unless expressly stated otherwise in the case of individual products. Errors excepted.
  2. By clicking the “Finalise the order” button, you are making a binding offer to buy the goods listed on the order page. We can accept your order by despatch of a separate order confirmation by e-mail or by delivery of the goods within five days. No contract of sale shall come about for goods from an order, which are not listed in the order confirmation.
  3. GEAR4 shall be entitled to rescind the contract in the event of typing, printing and calculation errors on the website.

6. Consumers’ right of return

You have the right to revoke this contract within fourteen days without stating a reason. The revocation period is fourteen days from the date on which you or a third party appointed by you who is not the transporter takes or took possession of the goods. To exercise your right of return click here.

Consequences of the revocation

If you revoke this contract we must repay all payments received from you, including the delivery costs (with the exception of the additional costs resulting from you having selected a delivery method different from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of us receiving the notification of your revocation of this contract.

For this repayment we use the same payment method that you used for the original transaction unless something to the contrary has been explicitly agreed with you; under no circumstances will fees be charged to you due to this repayment. We can refuse repayment until we receive the goods or until you have provided proof that you have returned the goods, depending on which is received first. You must return or hand over the goods to us without delay and in all cases at the latest within fourteen days from the date on which you informed us about the revocation of this contract. The period is complied with if you send the goods within a period of fourteen days. You bear the direct costs of returning the goods. You are only responsible for any loss of value to the goods if this loss of value is the result of actions not required to check the nature, properties and operation of the goods.

A right of return does not exist for:

  • the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • the supply of goods made to the consumer´s specifications or clearly personalised;
  • supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer´s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

7. Payment

  1. By credit card
  2. By Paypal

8. Delivery / delivery dates / availability of supplies

  1. GEAR4 shall supply the goods in accordance with the agreements made.
  2. GEAR4 shall be entitled to perform part-deliveries to an acceptable extent.
  3. Unless agreed otherwise, delivery shall be ex warehouse to the delivery address stated by the customer.
  4. GEAR4 shall be entitled to rescind the contract if, despite prior conclusion of an appropriate contract of purchase on its part, the required supplies are not received; GEAR4’s liability for intent or negligence shall be unaffected in accordance with No. 11 of these Terms and Conditions. GEAR4 shall immediately inform the customer of the unavailability of the article within the specified time and, should Gear4 wish to rescind, shall immediately exercise the right of rescission; in this case GEAR4 shall return any consideration already rendered to the customer without delay.

9. Warranty for defects

Please click here for Warranty information.

10. Limitation of liability

  1. Gear4 shall be liable for intent or gross negligence on the part of Gear4, a representative or a vicarious agent of GEAR4, and for injury to life, body or health caused by negligence, in accordance with the statutory provisions. In all other respects, GEAR4 shall only be liable in accordance with the Product Liability Act and for culpable breach of essential contractual duties, or where GEAR4 has maliciously concealed a defect or assumed a guarantee with regard to the quality of a supplied article. However, the claim for damages for the breach of essential contractual duties shall be limited to foreseeable damage typical of the kind of contract, unless another of the exceptions listed in sentence 1 or 2 simultaneously applies.
  2. GEAR4 shall not be liable for damages and defects incurred through improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by a non-authorised service partner. Furthermore, Gear4 shall not be liable for damages to appliances which are incurred due to incorrect installation or incorrect fitting of accessories.
  3. Where GEAR4’s liability has been excluded or limited this shall also apply to the personal liability of employees, their representatives and/or vicarious agents.
  4. The above provisions do not entail a change in the burden of proof.

11. Retention of title

  1. Retention of title with regards to consumers and entrepreneurs GEAR4 reserves title to the supplied product until all payments due from the contract of supply have been received. Where the customer is an entrepreneur and fails to observe his contractual duties, in particular in case of payment default, GEAR4 shall be entitled, without setting a period of grace, to claim back the supplied goods and/or – where necessary after setting a period of grace – to rescind the contract; the customer shall be obliged to surrender the goods. The reclaiming of the goods shall in this case not constitute rescission of the contract unless GEAR4 has expressly declared rescission in writing.
  2. Extended reservation of title if the customer is an entrepreneur. Where the customer is an entrepreneur, the following shall apply in addition to No. 1 of this paragraph: a) Processing, mixing, combining The customer is permitted to process or refashion the supplied goods (“processing”). Processing shall be performed on behalf of Gear4. Where GEAR4 in this case does not obtain ownership of the new product created through the processing, GEAR4 and the customer agree at this point that the customer shall grant GEAR4 co-ownership of the new product commensurate with the value (gross invoice value) of the goods supplied by GEAR4 in proportion to the value of the other processed goods at the time of processing. The preceding sentence shall apply accordingly in cases of inseparable mixing or combining of the supplied goods with goods which do not belong to GEAR4. Where GEAR4 obtains ownership or co-ownership pursuant to this paragraph of the General Terms and Conditions the customer shall store the new product for GEAR4 with the care of a prudent businessman. b) Reselling within the ordinary course of business The customer shall be entitled to resell the supplied goods to a third party (“buyer”) within the ordinary course of business. Reselling of the goods supplied is only permitted if the customer receives payment equivalent to the value of the goods supplied. The customer shall agree with the buyer that ownership shall only be transferred to the buyer upon this payment being made. In the event of resale and for the purposes of security, the customer herewith assigns to GEAR4 all claims to which he may be entitled from the resale to a third party. However, the assignment shall be limited to an amount equivalent to the price of the supplied goods as invoiced by GEAR4. GEAR4 herewith accepts the assignment. c) Authorisation to collect, revocation of authorisation to collect Until revoked, the customer shall have authority to collect all claims assigned to GEAR4 pursuant to this paragraph of the General Terms and Conditions. The customer shall immediately forward all payments made in settlement of the assigned claims, up to the amount of the secured claim. Where there are justified interests, in particular in cases of payment default, suspension of payments, commencement of insolvency proceedings, bill protest or reasonable suspicion of over-indebtedness or impending insolvency of the customer, GEAR4 shall be entitled to revoke the authority to collect. In addition, following prior warning and observance of a reasonable time period, GEAR4 may disclose the assignment for security, realise the assigned claims and demand that the customer disclose the assignment for security to his clients. d) Customer’s duty to provide information Where prima facie evidence for the existence of a justified interest is furnished, the customer shall provide GEAR4 with the information necessary to assert GEAR4’s rights against the clients and shall hand over the required documents. e) Pledging or security transfer of security collateral While the retention of title applies, pledging or transfer by way of security by the customer shall not be permitted. The customer must immediately inform GEAR4 of any pledging, confiscation or other orders or interventions of third parties. f) Release clause Where the realisable value of all security interests to which GEAR4 is entitled exceeds the amount of all secured claims by over 10%, GEAR4 shall, at the customer’s request, release the appropriate proportion of the security interests. It will be assumed that the conditions of the preceding sentence are fulfilled where the estimated value of the securities to which GEAR4 is entitled reaches or exceeds 150% of the value of the secured claims. The customer shall have the choice between the release of different security interests. g) Rescission upon customer’s breach of duty Where the customer breaches a duty pursuant to this paragraph, GEAR4 shall – in particular in cases of payment default – be entitled, even without setting a period of grace, to demand the surrender of the supplied goods and/or the new product and/or – where necessary after setting a period of grace – rescind the contract; the customer shall be obliged to surrender the goods. The request to return the goods/the new product shall not constitute a declaration of rescission on the part of GEAR4, unless GEAR4 expressly declares rescission in writing.

12. Limited period of limitation

The following provisions under numbers 1 to 3, limiting the period of limitation, shall apply subject to number 4:

  1. Where the supplied good is a used product the limitation period for claims for damages due to defects – regardless of legal grounds – shall be six months, for all other claims and rights due to defects it shall be two years. 2. The limitation periods for claims for damages according to paragraph 1 shall also apply to all other claims for damages against the seller, regardless of legal grounds. They shall also apply where the claims are not related to a defect.
  2. The limitation periods for claims for damages shall also apply to compensation for fruitless efforts.
  3. The above-mentioned limitation periods shall apply subject to the following: a) The limitation periods shall generally not apply in cases of intent or malicious concealment of a defect, or where GEAR4 has undertaken a guarantee with regard to the quality of the supplied goods. b) Furthermore, the limitation periods shall not apply where the purchased object is a building or a good which is used for a building in accordance with its customary use and which causes the building to be defective, or where the in rem right of a third party is concerned, on the basis of which the surrender of the purchased object may be demanded. c) Moreover, the limitation periods for claims for damages shall not apply to grossly negligent breaches of duty, to cases of culpable breach of essential contractual duties not constituted by delivery of a defective good, to cases of culpable injury to life, body or health or to claims pursuant to the Product Liability Act. 1. The above provisions do not entail a change to the burden of proof to the customer’s disadvantage.

13. Legal consequences of non-incorporation and ineffectiveness

  1. If the General Terms and Conditions in whole or in part have not become part of the contract or are ineffective, the remainder of the contract shall remain in effect.
  2. To the extent that the terms have not become part of the contract or are ineffective, the contents of the contract shall be determined by the statutory provisions, unless the parties have concluded an individual agreement.
  3. The contract shall be ineffective if upholding it, even taking into account the alteration provided in paragraph 2 above, would represent an unreasonable hardship for one party.

14. Information on trademarks, copyrights and other property rights

All brands, designations and logos used are registered trademarks of their proprietors, even when not explicitly designated as such. Original accessories are especially designated as such.

Printing, setting and typological errors and technical amendments excepted. We would again like to draw your attention to the fact that the goods delivered may vary slightly from the images shown, depending on mobile phone manufacturer and model.

UK Postal address:

GEAR4 HK Ltd
Braywick House West
Windsor Road
Maidenhead
Berkshire
SL6 1DN
United Kingdom