TERMS AND CONDITIONS OF BUSINESS
By purchasing or ordering Goods and/or Services from us, you agree to be bound by the terms and conditions set out below. By posting/sending/delivering a device to us, you agree to be bound by the terms and conditions set out below. You should ensure you print and/or retain a copy for future reference. Please read these terms and conditions carefully and make sure you understand them. If you have any questions regarding these terms and conditions, please contact us before sending a device to us.
Your attention is particularly drawn to clause 9 which contains important information about our liability to you.
means these terms and conditions, together with the documents referred to in them, as each may be amended from time to time in our absolute discretion and which will govern the contract between us and you when you place orders for our Goods and/or Services;
means any equipment you send to us or any equipment we send to you for the provision of Services under this Agreement;
means any products or other goods you purchase from us or offer for sale to us under this Agreement;
means your order for the supply of Goods and/or Services;
means your repair whereby mendmyi has been instructed as your supplier of Goods and/or Services;
means any services you order, purchase or otherwise ask us to carry out under this Agreement, either directly or via your insurance provider;
means our website portal where claim updates can be viewed and details can be exchanged between a customer and mendmyi.
means an insurance underwriter/ insurance company / insurance claims handler appointed by your insurance company
us / our / we / mendmyi
means mendmyi Ltd, a private limited company registered in England and Wales (registration number 7705267) whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU. We operate from multiple locations including mendmyi, 29 Queen Street, Haverhill, Suffolk, CB9 9D, UNITED KINGDOM.
means the website we operate located at mendmyi.com or any associated or replacement website operated by us from time to time;
2. INFORMATION ABOUT YOU
2.1 By placing an order with us and/or posting a device to us, whether through our Website or otherwise, you warrant that you have read, understood and agree to the terms of this agreement and that you are:
2.1.1 a UK resident;
2.1.2 legally capable of entering into binding contracts; and
2.1.3 at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Each Order/Claim will be treated as an offer by you to purchase Goods and/or Services in accordance with this Agreement; unless
3.1.1 You are selling your Goods to us in which case the Order will be treated as an offer by us to purchase your Goods from you in accordance with this agreement.
3.2 On each occasion, the Order/Claim will only be deemed to be accepted and this Agreement will only come into effect when we dispatch the Goods or commence the provision of the Services, whichever is the earlier.
3.3 You acknowledge that any automated acknowledgement given when you place an order via our Website shall not amount to our acceptance of the Offer.
3.4 We may (in our absolute discretion) limit, restrict or reject any Order/Claim at any time prior to this Agreement coming into effect. Where this happens, we will attempt to contact you using the information provided to us. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe (in our absolute discretion) are making use of the Goods or Services for profit.
3.5 We reserve the right to refuse to process an Order/Claim for any reason including, but not limited to:
3.5.1 The wrong price or valuation has been displayed and selected on our website
3.5.2 You fail to meet any criteria for eligibility that we impose from time to time
3.5.3 You fail to submit all necessary details for us to process your Order/Claim
3.5.4 You fail to send us your Goods/Device
3.5.5 If your Goods/Device are not in the same condition that was selected when making your Order/Claim. In this instance we may, at our discretion:
Reevaluate the Order price
Refuse the Order
3.5.6 The Goods sent to us is a fake, counterfeit, not genuine item
4. AVAILABILITY & DELIVERY
4.1 We will do our best to complete your Order/Claim in a timely and efficient manner but any estimated time frames for any delivery of the Goods and/or completion of the Services are estimates only and delays may arise as a result of matters outside of our reasonable control.
4.2 If a parcel is deemed lost, mendmyi will instruct the courier company to carry out an investigation, and your claim/order will be on hold until the outcome of said investigation.
4.3 On delivery of your parcel you accept responsibility of your device from the moment you accept delivery from the courier. You or a third party on your behalf are encouraged to decline a delivery if the packaging appears damaged in any way. This includes but is not limited to:
4.3.1 Your parcel being delivered to your address and signed for by another person
4.3.2 Your parcel being left with a neighbour
4.3.3 Your parcel being delivered to an address supplied to us through our portals, which isn’t your registered address
4.3.4 Your parcel being left in a safe place, as requested via the couriers interface.
4.3.5 You agree that you will notify us within 2 hours of the couriers delivery date and time of your device if it is marked as delivered by the courier and you believe you have not received it. All liability after this 2 hour period is with you.
4.3.6 You discovering the parcel or contents are damaged after you or a third party on your behalf accept delivery of the parcel from the courier.
4.4 Parcels with any damage to the packaging on delivery should be rejected and sent back to the sender.
4.5 If you do sign for a damaged parcel the following actions are required for mendmyi to handle a claim with the courier:
4.5.1 Take clear, high resolution photos of the parcel before it is opened
4.5.2 Take clear, high resolution photos of the parcel as it is opened to show any damage on the internal of the packaging
4.5.3 Take clear, high resolution photos of the device contained to show if any defects are apparent
4.6 Failure to comply with clause 4.5 may result in mendmyi rejecting any claim of damage in transit.
5. PRICE AND PAYMENT
5.1 The price of the Goods and/or Services shall be our quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price of which we inform you prior to accepting your Order.
5.2 The price of the Goods and/or Services provided for an insurance claim shall only be available to the Insurance Provider.
5.3 All prices are inclusive of VAT at current rates unless stated otherwise.
5.4 All payment methods other than cash may be subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by any failure of such checks or authorisation.
5.5 Any Goods will be your responsibility from the time of delivery and ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
6. SENDING AND RETURNING YOUR DEVICE
6.1 Where applicable, you agree to send us your Device so that we can perform the Services required under your Order/Claim.
6.2 Please do not send any accessories with your Device unless we have specifically requested them. We cannot be held responsible for any loss or damage to accessories whilst in our possession, including (but not limited to) SIM cards, chargers, boxes, cases, cables and memory cards.
6.3 We accept no liability for any Device or other items that are lost or damaged in the postal or courier system which includes, but is not limited to, our 'Express Pickup Service' and our 'Return By Tracked Mail' service.
6.4 We accept no liability for any loss should you provide us with an incorrect delivery address for return postage. You should notify us immediately if you have made a mistake or need to change your delivery address.
6.4.1 To update your address you agree to login to your portal at https://shop.mendmyi.com/login with your unique username and password provided when we first contacted you.
6.4.2 Any change of address which is accepted with us is only applicable if we repair and return your device or are instructed to despatch a replacement.
22.214.171.124 Your insurance company may decide to fulfil your claim through a different supplier, in this instance it is your responsibility to keep your address updated with your insurance company and all other involved parties.
6.4.3 Any address changes are only appliable once we have authorised and accepted the address change. We reserve the right to reject an address change.
6.5 If we attempt to redeliver your item and it is returned to us, we will contact you to arrange another delivery. This will incur an £8 administration charge plus any additional charges for each additional delivery.
7. IMPORT DUTY
You will be responsible for payment of any import duties and taxes if you order Goods and/or Services for delivery outside the UK and you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
8.1 Any Goods, where new, are sold / supplied with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods.
8.2 Any Services we carry out for you are guaranteed as specified in clause
8.2.1 & 8.2.2. If the Device develops an additional fault unrelated to the provision of the original Services, this guarantee will not apply.
8.2.1 If the Goods provided are parts for repair of the Device (Parts), mendmyi warrant that on delivery, and for a period of 90 days from the date of delivery, the Parts shall be free from material defects in design, material and workmanship.
8.2.2 If the Goods provided are a replacement for the Device (a Replacement Device), mendmyi :shall use reasonable endeavours to provide a Replacement Device that is the same model, has the same capacity and similar cosmetic wear as the Device (like for like); and warrant that on delivery, and for a period of 90 days from the date of delivery, the Replacement Device shall be free from material defects in design, material and workmanship.
8.3 The warranty at clause 8.2.1 above does not apply to:
8.3.1 damage resulting from normal wear, accident, abnormal use, misuse, abuse, wilful neglect or exposure to water or other liquid;
8.3.2 the Device; and/ or any parts contained in the Device prior to the time that the Parts were provided.
8.4 In exception to clause 8.2.2 (a) above, mendmyi makes no representation, guarantee or warranty (whether implied or otherwise) that the Replacement Device will be the same colour as the original Device.
8.5 The warranty at clause 8.2.2 (b) above does not apply to damage resulting from normal wear, accident, abnormal use, misuse, abuse, wilful neglect or exposure to water or other liquid.
8.6 Our guarantee only covers parts used in a repair, it does not include the Device as a whole, any further damage to the Device or any part(s) of the Device; improper fitting of parts or service carried out by you, or any third party, including the manufacturer; or any accidental damage, abuse, misuse, improper care or alteration.
8.7 Your warranty with the original manufacture is void when we carry out a repair on your Device and you accept fully that your Device will not be restored to it's original condition.
8.8 mendmyi make no representation, guarantee or warranty (whether implied or otherwise) that the Parts provided will be of the same quality or from the same manufacturer as those parts contained in the Device prior to the time that the Parts were provided.
8.9 To authorise a return mendmyi (in our absolute discretion) requires you to send any/all of the following via email to [email protected]:
8.9.1 a clear high resolution image of the front and back of the device
8.9.2 a short video illustrating the fault
8.9.3 a clear list of all the faults present.
8.10 Failure to comply with clause 8.9 may result in your warranty claim being rejected.
8.11 Failure to comply with clause 8.9.3 may result in additional warranty returns being voided.
8.12 An administration fee of £24 will be charged if you send us your Device under a claim against our warranty and we find (in our absolute discretion) such a claim is not valid and we have to return your Device to you.
8.13 These rights are in addition to your legal rights in relation to Goods and Services which are faulty or which otherwise do not conform to the legally required standard.
8.14 From the point of mendmyi authorising your return request we allow 14 calendar days to receive the device back in to our workshop. If the device is not received within 14 calendar days of the return request being authorised then this will be treated as notice from you to us that the issues previously raised as part of the 'warranty' issue are not existant and any no future warranty claims can be made for the same reason.
9. OUR LIABILITY
9.1 You acknowledge that when we carry out Services on your Device, it will void your warranty with the manufacturer and when we replace certain parts the serial numbers on these parts will no longer match the original parts. You agree that we will not be liable for any loss or damage caused by this.
9.2 We will not be liable under this Agreement for any loss or damage caused by circumstances where:
9.2.1 there is no breach of a legal duty of care owed to you by us;
9.2.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
9.2.3 any loss or damage results from the breach by you of any term of this Agreement.
9.3 Our liability shall not in any event include any loss of data, profits, business, custom, time, anticipated savings, income, revenue or anything else of a similar nature.
9.4 Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees, or limit your rights as a consumer under applicable UK law.
9.5 You acknowledge that when we carry out Services on your Device we carry out our full diagnostics which includes testing each and every feature of your Device. This includes but is not limited to the phone app, camera app, voice control app, music app, iTunes app and settings app.
9.6 We will not be held liable under this Agreement for any loss or damage caused by circumstances where:
9.6.1 the carrier lock status of your Device is altered or changed when in our possession. This is particularly relevant and not limited to the purchase of a 'soft unlocked' Device from a distributor other than Apple.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.1 All notices given by you to us must be given to mendmyi Ltd, 29 Queen Street, Haverhill, Suffolk, CB9 9DZ.
11.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above.
11.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter.
12. EVENTS OUT OF OUR CONTROL
If either of us cannot fulfil an obligation under this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
13. OUR RIGHT TO VARY THIS AGREEMENT
We have the right to revise and amend this Agreement from time to time and you will be subject to the policies and terms and conditions in force at the time you begin your Claim / Order, unless any change to the Agreement in force at that time is required to be made by law.
14.1 This Agreement constitutes the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
14.2 If any of the terms of this Agreement are found to be invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.3 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not exercise any of our rights or remedies under this Agreement, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any part of this Agreement shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.4 This Agreement is between you and us and a person who is not party to this Agreement shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
14.5 This Agreement shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.
14.6 We are not obliged to complete an Order with you in accordance with these Terms & Conditions if we become insolvent, enter into an arrangement with administrators or if anything similar occurs. Our contract with you will end immediately.
14.7 Our Services and Order processing is reliant on third parties which have their own processes and times which are out of our control. This includes but is not limited to courier companies, postal services, banks, third party software companies and payment processing companies. We will not be liable for any delay in receipt of a Service or Payment due to delays, action or inaction with any third party.