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Legal

Terms & Conditions

 

1 Definitions

 

1.1 The following terms and conditions apply to all transactions carried out with the “Supplier” meaning Xtreme Deals trading as docteur-gsm.com , whose principle place of business is:   

 
XTREME DEALS LIMITED
HUAQIANG PLAZA
HUAQIANG ROAD
SHENZHEN
  
1.2“You”, “Your” or “the Customer” means the consumer whose offered to purchase goods from the Supplier or has accepted a quotation from the supplier.   
1.3“Written” or “Writing” includes facsimile transmission, email and other comparable means of communication.    
1.4“Conditions" means the Terms and Conditions of sale of goods set out in this document and any other special additional conditions agreed in writing by the Supplier.    
1.5"Goods", “Items” or “order” means the products (including any installment of products or any parts for them) which the supplier supplies in accordance with these Terms & Conditions.
 
2 General
 
2.1If you need to contact us please log a feedback via http://docteur-gsm.com/en/contact-us   
2.2The following terms & conditions should be read carefully by you before placing an order with docteur-gsm.com. It is recommended that a hard copy of the terms & conditions be retained with the order by you, should you for what ever reason need to rely on these in the near future.   
2.3We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions   
2.4To order goods through this website you must be at least 18 years of age.
 
3 Contract
 
3.1A contract is only legally binding between you and the Supplier for the sale of any goods when the Supplier has received and accepted your order, and the Supplier has received payment for the full amount in cleared funds. Until such point no legally binding contracts exists between you and the supplier.    
3.2When placing your order you will receive an acknowledgement for your order usually via e-mail this will constitute as receiving your offer to purchase the goods in question. Payment for the order will then be taken from you and following this you will receive an email to confirm acceptance of your offer. Once you receive an email from the supplier accepting your offer a legally binding contract is formed and would be subject to these Terms and Conditions. The contract is subject to your right of cancellation, please Section 7.    
3.3The supplier may change these Terms and Conditions of Sale without any warning or notice. These terms & conditions would be binding to any future purchases made by you.    
3.4We have the right to refuse at our discretion to supply any offer to purchase made by you.   
3.5These Terms & Conditions of Sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from a contract.
 
4 Payment and Availability
 
4.1On the order you must provide us with your exact address and telephone number that your credit card issuer has on file for you. Your order will only be processed once authorization of your credit card has been properly received.    
4.2All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is no longer available and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled and any monies received to be refunded to you.   
4.3We offer an extended range of products which are obtained directly from our suppliers. These products are subject to our suppliers’ stock availability and delivery dates made by our suppliers’ own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again if you do not wish to proceed with the order, we will arrange for it to be cancelled and any monies received to be refunded to you.    
4.4Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. The supplier must be in receipt of full payment before the due date for delivery.   
4.5No delivery will be made until cleared funds have been received by the supplier.   
4.6The Supplier will email you a receipt for payment once goods have been dispatched.
 
5 Delivery
 
5.1Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.    
5.2The supplier shall endeavor to deliver the Goods within the specified time from receiving your order (subject to availability) and every reasonable effort shall be made to keep to any estimated delivery date given. If the Supplier is unable to do this, then you will be informed of a new delivery date. If you do not agree to a new delivery date then the order will automatically be cancelled and any binding contracts will be void and unenforceable.   
5.3Unless otherwise agreed we may deliver by installments, your cooling off period under the right to cancel will commence after the delivery of your final installment.   
5.4Should the customer request for the delivery to be made by installments a further agreed carriage charge will be applicable.   
5.5Delivery of the goods shall be made to the customer’s confirmed address and the customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.   
5.6We offer a wide range of delivery options. Customers can select delivery dates and times, if you supply an email address you will also receive notification of delivery dates by email, should delivery dates not be met by the customer we will refund you on receipt of the goods minus the carriage charge, if we fail to meet delivery times when your goods are received back we will refund you in full unless instructed by the customer to send goods back out, additional delivery charges may apply.   
5.7Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However time of delivery shall not be of the essence and in circumstances where we fail to meet any estimated delivery time, from unforeseen demand, discontinued products or any other such matter outside our control, we shall not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.   
5.8If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations, the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.   
5.9If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may: 
    
a. store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
b. sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
  
5.10We ask you to notify us if you have not received your delivery within 72 hours of receiving the shipment notification email, to enable us to trace your order.   
5.11The supplier may deliver the Goods in advance of the estimated delivery date. However shipment notification may be made by telephone call/message, email, fax or by post on the due date.
 
6 Damaged, Shortages and Non Deliveries
 
6.1Once your order has been despatched by the supplier, a shipment notification email will be sent to you detailing: 
 
a. the delivery agent,
b. the approximate time when delivery will take place,
c. the delivery agent’s tracking number,
d. the delivery service used,
e. The number of parcels being sent to you    
 
6.2Upon receipt of your order the delivery agent shall ask you to sign for the goods received in good condition. Please carefully examine the packaging and note down any damages on the delivery agent’s documentation. It is your responsibility to sign for the correct number of parcels the delivery agent is delivering to you or getting you to sign for. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any claims that you make thereafter.   
6.3Damaged in Transit – Should any damage be identified upon opening the parcel(s) you should notify the supplier within 24 hours of delivery and advise the exact damage. Under these circumstances the goods should be put back into the original packaging you received them in and made ready for collection by the supplier. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent.   
6.4Shortage or Incorrect Delivery – Should any delivery be short or incorrect you should notify the supplier within 24 hours of delivery and advise the exact inconsistencies. Failure to notify in the given time could affect the claim being made by you. It is imperative that you do not dispose of any of the packaging, as this will be required to affect a claim against the delivering agent. Should you be missing an item but signed for the correct number of parcels, you must notify us as soon as possible. You will be requested to provide us with a copy of the shipment notification included in your delivery.   
6.5Failed Delivery – Should your order not reach you within 72 hours of receiving the shipment advice email being sent to you, you should notify the supplier immediately of non delivery of your order.   
6.6Upon receiving notification from you regarding a delivery discrepancy the supplier will initiate an investigation on your behalf and endeavour to have a replacement in progress within 4 working days of receiving your claim. The claim will be handled by the supplier, and an arrangement will be made to collect the damaged goods and replacements will be sent.   
6.7We will not accept liability for goods lost in transit unless we are notified within a reasonable period and request that we are notified as soon as possible and the most within 5 days from the shipment date. The shipment date will be advised via the shipment notification email which will be emailed to you when your order is despatched.   
6.8We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery if you do not report this to us within a reasonable time period. Except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.
 
7 Cancellation of orders
 
7.1If you are acting as a Consumer under the Distance Selling Regulations (“DSR”) you have the right to cancel the contract at any time up to the end of 7 working days from the day after the day you receive the goods. The “Cancellation period”.   
7.2If you fail to take delivery because you have cancelled your contract under the DSR the Supplier shall refund or re-credit you within 30 days; for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.   
7.3To exercise your right of cancellation, you must give written notice to the Supplier by letter, email or via the Returns online section of our website, giving details of the goods ordered and (where appropriate) their delivery date. Notification by phone is not sufficient.   
7.4If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. Goods must be returned as new, with no blemish, defect and should be complete with any manuals and information sent with them, neither must the outer manufacturer packaging show any damage or be defaced in anyway.   
7.5Should the items/packaging show any damage or be incomplete and defaced in any manner the goods may be rejected or a fee may be applied to recover the cost of reselling the product as second hand, the fee is calculated on a case by case basis. This will automatically be deducted from the credit issued.   
7.6Once you have notified the Supplier that you are cancelling the contract you will be issued with an Returns Authorisation (RA) number which must be clearly labelled on the goods being sent back (please ensure not to deface the product or permanently mark the product in anyway), the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. Failure to return the goods back to the supplier, the supplier will arrange collection at the customer’s expense.   
7.7Once an RA has been issued the goods must be returned to the address given in the authorisation. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. Goods must be returned in pristine condition.   
7.8You do not have the right to cancel the contract if the order is for computer software or consumable goods which have been unsealed by you, or goods made to your specifications cannot be returned.
 
8 Chargebacks
 
8.1If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected, insured and identified as our property.   
8.2In addition to any other rights, we may in these circumstances, upon giving 7 days notice require you to return or deliver the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value and any other costs we may incur to recover the goods.   
8.3If a chargeback has been made, please note that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.   
8.4This does not affect your statutory rights.
 
9 Return of Orders
 
9.1General   
 
 9.1.1It is your responsibility to make sure the any products returned are adequately packaged and received by the Supplier in reasonable condition. You shall be responsible for any loss or damage caused to return Goods where such damage has been caused by your negligent or faulty packing.   
 9.1.2Proof of delivery should be retained and made available by you for any such returns made by you should the supplier request it.   
 9.1.3The Customer should obtain a Returns Authorisation number (RA Number) in order to return goods. The RA request must be completed online at www.docteur-gsm.com. Only once the RA has been authorised, do we advise you to return goods. The RA number must be clearly marked on the outer packaging only and not on the manufacturer packaging. We do not refund for the cost of returning the items to us. If you are unable to obtain a returns reference number you should fill out a RA form from the customer account section, complete it fully and enclose it with your returned parcel.   
 9.1.4You should return your product complete. Therefore ensure that all additional enclosures, such as manuals, free software, cables etc are all returned. Adequate packaging must be used to return the goods. Charges may apply to returned goods that do not meet the above criteria.   
 9.1.5Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage. Items that are not securely wrapped and received damaged will be securely repacked and returned back to you, so that you may attempt to claim from your courier.   
 9.1.6We reserve the right to reject any item(s) that do not meet the criteria laid-out above.   
 9.1.7A restocking fee sufficient to cover our reasonable costs may be levied on item(s) cancelled after the cancellation period.  
 
9.2Incorrect goods   
 
 9.2.1It is your responsibility to notify us of any incorrect goods supplied to you within a reasonable time from the date of shipment.   
 9.2.2If the items are not as ordered, you must not open the manufacturers packaging or use the item.   
 9.2.3You will be required to provide further information on what was received i.e. we may require the manufactures part codes and a full description of what has been received. Spare parts cannot be exchanged.
 9.2.4Should there be any extenuating circumstances that have prohibited you from notifying us within a reasonable time frame, resolution will be by mutual decision.   
 
9.3Faulty Goods (not applicable to goods returned under your right to cancel)
  
 9.3.1If you think that the product you have purchased is faulty or incompatible with your computer system we may refer you to the manufacturer, due to their extensive knowledge of their products. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorise a replacement/repair of the product direct with you. This does not affect your rights to deal direct with the supplier.   
 9.3.2A restocking fee of up to 25% could be charged on returns, which prove to be non-defective. It is therefore imperative that you have made contact with the manufacturer first. The restocking fee is non-negotiable. In all instances when contacting a Manufacturer you must retain the reference code that you are given.   
 9.3.3Opened software shall not be accepted for credit or exchange. If any discs are found to be faulty you may be asked to contact the manufacturer directly as they will issue replacement discs. Once software is opened it is deemed that you have accepted the manufacturers terms or license, software can only be returned un-opened.   
 9.3.4If a product fails within the manufacturer’s DOA (dead on arrival) period, a replacement product or a refund will be offered to you, you will be offered a repair and not a replacement on PC systems as this is the most economical option, high costs are involved with offering replacements, this does not affect your right to a refund.   
 9.3.5Dead on arrival indicates the period in which we will offer a refund on a product from arrival; we class this as a reasonable amount of time.
 
10 Refunds
 
10.1If for any reason you are issued with a refund, please note the following,
 
a. All refunds will be issued to the same payment method as on the original order.
b. When a refund is processed, you will receive an email notification.
c. A refund will usually reach your credit card account within 4 working days after it has been processed, please allow up to 10 working days for it to be credited. We aim to process all refunds within 30 days of request; refunds will be processed as quickly as possible.
d. If the goods are found not to be faulty or they have been damaged by misuse, they will be returned to you and no refund will be issued unless returned under the distant selling regulations.   
 
10.2The relevant manufacturer will process all offers of “Money Back” guarantees and you should contact them directly to arrange return and refund.
 
11 Warranty and Product Guarantees
 
11.1All goods supplied by the Supplier come with 12 months (unless otherwise stated) warranty from the date of shipment and are covered by the terms and conditions of the Original Manufacturer’s Guarantee. This warranty does not affect your statutory rights as a consumer.   
11.2Manufacturers warranties can be found on warranty cards located in the product box, this is in addition to the consumers’ statutory rights.   
11.3The warranty does not cover any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer, failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's approval.   
11.4If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the online returns section or email Customer Services, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
 
12 Description of goods & Typographical Errors
 
12.1The description and price of the goods is available to you on the Supplier’s website when ordering.   
12.2Every effort is made to ensure that product description and price shown on the Supplier’s website is accurate at the time you place an order, if errors are found then the supplier will inform you as soon as possible. The supplier will give you the option to cancel your order or rebook it under the new terms and price. If the supplier after informing you and offering you the option does not get a response from you, then the supplier will reserve the right to cancel the order automatically within 7 days of you being informed.   
12.3In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to decline or cancel any orders based on the incorrect price whether or not the order has been confirmed.   
12.4Although we warrant that the goods will, at the time of delivery, correspond to the description given by us all products we sell are of a technical nature and it is not practical to publish detailed specifications of all the products.   
12.5All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods as manufacturers may change the look or performance of products from time to time, products may also be superseded by a new model.   
12.6Full details are available from the original manufacturer’s brochures & websites.   
12.7If you buy goods which have no published technical specifications, you should establish the suitability of the goods for your intended purpose.   
12.8All goods have an item description and a manufacturer’s part code, information can be found by emailing us or via the manufacturer’s web site.  This does not affect your right to cancel.   
12.9Should you receive goods that do not match our advertised specifications we will offer a full refund.   
12.10Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary.  If you spot a mistake with an image or with a products specification please let us know.
 
13 Limitation of Liability
 
13.1The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.   
13.2If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.   
13.3The Supplier will not be under any liability whatsoever in the event that it is prevented or delayed from supplying or making delivery of any order placed by you by any reason or cause beyond their control. The supplier will keep you notified of any changes to the expected delivery via email and/or via order tracking.   
13.4Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.   
13.5Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
 
14 Risk & Ownership
 
14.1The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.   
14.2Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
 
a. the goods, and
b. all other sums which are or which become due to the Supplier from you on any account.   
 
14.3The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
 
15 Title for Business Customers
 
15.1If you are a business customer, until ownership of the goods has passed to you, you must:   
 
 15.1.1store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;   
 15.1.2Do not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier.   
 15.1.3Insure on behalf of the supplier the products or goods for their full price against all risks to the reasonable satisfaction of the Supplier.   
 15.1.4Hold the proceeds for the goods from an insurance claim on behalf of the supplier not mix them with any other money, nor pay the proceeds into an overdrawn bank account.   
 
15.2If you are a business customer your right to possession of the goods shall terminate immediately if:   
 
 15.2.1you have a bankruptcy order made against you; or make an arrangement or composition with your creditors; or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors; or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation; or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof; or a resolution is passed or a petition presented to any court for your winding up; or for the granting of an administration order in respect of you; or any proceedings are commenced relating to your insolvency or possible insolvency;   
 15.2.2you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade.
 
16 Data Protection
 
16.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.