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HaierMobiles.com general terms and conditions of business. |
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Terms & Conditions |
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1 Definitions
The following terms shall have the meanings set out below:
'Agreement' means the Customer’s offer to Groenert Lordowner, these general terms and conditions including any special terms and conditions specified by Groenert Lordowner, on which the parties agree Groenert Lordowner will provide Product/and or Services. 'Customer' means the party who makes an offer to Groenert Lordowner to purchase the Services and/or Products. ‘HaierMobiles.com’ or ‘Groenert Lordowner’ means Groenert Lordowner Limited with registration number 06182472 having its registered office at 84 Royal Albert Hall Mansions, Prince Consort Road, Kensington, London SW7 2AQ 'Products' means the handsets and accessories to be supplied by Groenert Lordowner as described in the Agreement. 'Services' means the Groenert Lordowner branded services to be provided by Groenert Lordowner as described in this Agreement.
2 Supply of Products
2.1 When the Customer places an order for Products it shall constitute an offer to Groenert Lordowner for the Products. 2.2 Groenert Lordowner shall not be obliged to accept any Customers order. 2.3 Subject to clause 4.1 below an Agreement for the Products shall only be formed once Groenert Lordowner has confirmed acceptance of the Customers order. 2.4 All Products are subject to availability and may at the option of Groenert Lordowner be withdrawn at any time.
3 Cancellation
3.1 The Customer may withdraw from this Agreement for Products within seven working days after the day on which the Customer received the Products, by, in either situation, giving notice in writing to Groenert Lordowner. 3.2 This right of withdrawal for Products in clause 3.1 above cannot be exercised upon use of the Product by the Customer if use is within 7 working days of commencement of this Agreement.
4 Price and Payment
4.1 For Product orders for delivery within the United Kingdom, Groenert Lordowner will accept payment by Visa, MasterCard, Switch/Maestro, Electron, Solo or Delta. Alternative payment methods may be available upon request. In all cases Groenert Lordowner requires receipt of cleared payment, in Pounds Sterling as a condition precedent to the Agreement being effective. 4.2 Subject to clause 4.3 the prices payable for the Products shall be as stated in Groenert Lordowner’ website current at the date of the Agreement. 4.3 All prices and rates are inclusive of VAT (but do not include delivery charges which are to be paid by the Customer). For Product orders to be shipped outside of the European Union, Duties may, be incurred at the destination country. The Customer will be responsible for paying any such duties according to the local laws and regulations of the destination country. 4.4 The time for payment for all sums due to Groenert Lordowner under this Agreement shall be of the essence of the Agreement. Groenert Lordowner reserves the right to charge interest which it is legally entitled to on all outstanding amounts owed to Groenert Lordowner and not paid in accordance with this Agreement. 4.5 Subject to clause 18 the title to any Product shall pass to the Customer upon payment in full for the Product(s).
5 Delivery
5.1 The customer should allow 28 days for the full delivery of all goods ordered from HaierMobiles.com from the date that the order was placed and paid in full. 5.2 Any dates quoted for the delivery of the Products are estimates only and time is not of the essence. Groenert Lordowner will use its reasonable endeavours to meet the applicable timescales, if any, in the Agreement and Groenert Lordowner shall not in any event have any liability to the Customer for a failure or delay in delivering or providing any Product or Service.
6 Services
6.1 The Customer undertakes not to use the Products for the transmission of any material which is or is intended to be defamatory, offensive, abusive, obscene or menacing character, to be a hoax call to emergency services or in any other manner which constitutes a violation or infringement of the rights of any other party. 6.2 The Customer is responsible for the accuracy of any orders placed by it and for ensuring that Groenert Lordowner has sufficient information in order to fulfil that order; for example, the correct delivery address.
7 Installations of Product by the Customer
7.1 The installation of Product sourced from Groenert Lordowner pursuant to this Agreement is subject to availability, and where applicable dependent on the type of vehicle in which the Product is to be installed. It is the Customer’s responsibility to arrange the installation with the service centre direct. If the Customer does not own the vehicle into which the Product is to be installed, it is the Customer’s responsibility to obtain the consent of the owner prior to installation. The Customer agrees to indemnify Groenert Lordowner against all claims whatsoever against Groenert Lordowner if such authority is not obtained. 7.2 Without prejudice to clause 7.1, if Groenert Lordowner does not have in its possession the type of Product ordered, Groenert Lordowner (provided that it is practical to do so) shall with the agreement of the Customer provide an alternative Product. Should Groenert Lordowner not be able to provide such an alternative, then it may either not accept an order or terminate an order without liability.
8 Liability
8.1 Subject to clause 8.2 the total of Groenert Lordowner’ liabilities arising under or in connection with this Agreement whether arising in Tort, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused shall not exceed the sum paid by the Customer for the Product and/or Service in respect of which the liability arises. 8.2 Notwithstanding anything to the contrary in this Agreement, Groenert Lordowner shall not be liable to the Customer under or in connection with this Agreement for any corruption, destruction or loss of data, loss of goodwill, loss of anticipated savings, loss of contracts, loss of revenue, loss of use, loss of profits, loss of business, for any extra operating costs and expenses or for any indirect or consequential loss whatsoever or howsoever caused, whether arising in Tort, from its negligence, its breach of contract, or its breach of statutory duty, under any indemnity or howsoever caused. 8.3 Groenert Lordowner will have no liability to the Customer and the Customer will indemnify, defend and hold harmless Groenert Lordowner against all loss, damage or expense, including legal fees and costs of litigation, arising from claims of a third party where such claims arise in whole or in part from misuse of the Service by the Customer its employees or agents. 8.4 The provisions of this Clause 8 shall continue to apply termination or expiry of this Agreement.
9 Repair/Exchange of Product
9.1 If any Product develops a fault which is covered by the manufacturer’s or supplier’s warranty which applies to that Product then that Product shall be either repaired or replaced by Groenert Lordowner or associated parties (at Groenert Lordowner’ discretion) provided: (9.1.1) the Customer provides the original receipt displaying the authorised seller’s name and address, date and place of purchase, and the IMEI number; and (9.1.2) that the Product identification label has not been removed or altered and is legible. 9.2 Prior to sending the Product to Groenert Lordowner the Customer must back up its data and customisations such as phone books, image files at its own expense. Groenert Lordowner is not liable for any loss of data or customizations resulting from any repair or replacement of a Product. 9.3 The warranty does not cover any failure of the Products due to: (i) normal wear and tear; (ii) misuse, or use not in accordance with the instructions for use and maintenance of the Products supplied by Groenert Lordowner ; (iii) accident; (iv) repair, modification or adjustment other than by Groenert Lordowner; (v) acts of God; (vi) improper ventilation; (vii) damages resulting from liquid; (viii) a defect which has arisen from the use of non-Groenert Lordowner approved accessories or ancillary items attached or used in connection with the Product; and (ix) extremes of temperature. 9.4 For any Groenert Lordowner Product the Customer shall be liable to pay for the collection/delivery/return of the Product(s) pursuant to any claim under the manufacturer’s warranty. 9.5 For any Groenert Lordowner Product that has been imported into the United Kingdom (inc. Haier Elegance) whereby the diagnosis for repair or replacement must be carried out outside of the United Kingdom, the Customer shall be liable to pay for the collection/delivery/return of the Product(s) to the location of the foreign diagnostic and repair centre (United States of America) pursuant to any claim under the manufacturer’s warranty.
10 Intellectual Property Rights
10.1 The intellectual property rights relating to the Products including without limitation all patents, trademark, copyright and rights of like nature shall remain the property of Groenert Lordowner and its licensors. 10.2 The Customer shall not be entitled to use the name, trademark, trade names or other proprietary identifying mark or symbol of Groenert Lordowner or its suppliers without Groenert Lordowner prior written consent. 10.3 Groenert Lordowner grants the Customer a non-exclusive, non transferable licence (“the Licence”) to use the software only with the Products and such licence extends to any correction supplied by Groenert Lordowner for the software. 10.4 All software in the Products, is supplied by Groenert Lordowner to the Customer under Licence and the rights of the Customer under the Licence may be subject to the Customer observing the terms of the licence granted to Groenert Lordowner by the owner of such software.
11 Termination
11.1 Groenert Lordowner shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer in the event that: (11.1.1) The Customer is in default in its performance or observance of any of its obligations under this Agreement and fails to remedy the breach within fourteen days of written notice from Groenert Lordowner; (11.1.2) An interim order is applied for or made or a voluntary arrangement approved, or if a petition for a Bankruptcy order is presented or a bankruptcy order is made against the Customer, or if a receiver or Trustee in bankruptcy is appointed over the Customers estate or a voluntary arrangement is proposed or approved or an administration order is made, or a receiver or administrative receiver is appointed of any of the Customers assets or undertaking or a winding-up resolution or petition is passed or presented (otherwise than for the purposes of reconstruction or amalgamation) or if any circumstances arise which entitle the court or creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order; or (11.1.3) Groenert Lordowner gives to the Customer not less than 30 days written notice of termination. 11.2 Without prejudice to its other rights, Groenert Lordowner may terminate this Agreement by notice in writing to the Customer in the event that: (11.2.1) the Customer fails to make any payment when it becomes due to Groenert Lordowner or; (11.2.2) Groenert Lordowner is obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority. 11.3 Groenert Lordowner will terminate the Agreement without prior notice to the Customer if the Customer is suspected, in Groenert Lordowner’ reasonable opinion, of involvement with fraud or attempted fraud or acts which are defamatory, offensive, blasphemous, abusive, obscene or menacing character. 11.4 The Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to the Customer in the event that: (11.4.1) Groenert Lordowner modifies the charges under clause 4.2 or the conditions under clause, and then the Customer shall have the right to terminate this Agreement in whole or part immediately by written notice to Groenert Lordowner within fourteen days of the relevant changes; or (11.4.2) the Customer gives to Groenert Lordowner not less than 30 days written notice of termination. 11.5 Upon termination of this Agreement by either party all accrued charges not yet invoiced shall become due forthwith and shall be paid by the Customer immediately on receipt of an invoice.
12 Consequences of Termination
Termination of the Agreement shall not affect either party’s accrued rights or obligations hereunder as at termination or any rights or obligations which are expressly referred to, or made by implication, and shall continue after this Agreement has ended.
13 Privacy Policy
Details of the Groenert Lordowner private policy can be found here
14 New Terms and Conditions
Groenert Lordowner reserves the right to make changes to these terms and conditions either by giving the customer 14 days notice ( including by notice using the website below) or without notice if there is a valid reason . A valid reason shall include an increase in interconnection, carrier or related costs payable by Groenert Lordowner. These changes to the terms and conditions shall be displayed on the HaierMobiles.com web site and can be requested by writing to or by phoning the HaierMobiles.com customer service department.
15 Force Majeure
Groenert Lordowner shall not be liable for any delay or failure to perform its obligations under the Agreement if such failure results from circumstances beyond Groenert Lordowner’ reasonable control.
16 General
16.1 Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. 16.2 Groenert Lordowner may transfer, assign or delegate any or all of its rights under this Agreement to any party and it may assign any or all installation and repair works of the Product to a Groenert Lordowner appointed supplier or subcontractor. The Customer may not assign or transfer or delegate, any of its rights or obligations under this Agreement or any Mobile Phone Sub-Contract without the prior written permission of Groenert Lordowner. 16.3 A notice under or in connection with this Agreement shall be in writing and may be delivered personally or sent by post to the address of the relevant party set out above, or to such other address as the relevant party may specify by notice to the other in accordance with this Clause 16.3. 16.4 Groenert Lordowner may vary these terms and conditions as a direct result of new legislation, statutory instruments, government or OFCOM regulations or licences, amendments to the Network provider’s terms and conditions, or similar events, provided that such variation shall be limited to the extent deemed by Groenert Lordowner to be necessary for these purposes and following written notification to the Customer. 16.5 This agreement is made between the parties for the benefit of the parties and is not intended to be for the benefit of or enforceable by any other person, whether under The Contracts (Rights of Third Parties) Act 1999 or otherwise, and neither party can declare itself a trustee of the rights under this agreement for the benefit of any such person. 16.6 1f any provision set out herein shall be held by any court or award in arbitration to be invalid or unenforceable, the validity or enforceability of such provision shall not affect the other provisions or Clauses of the Agreement which shall continue in full force and effect. 16.7 All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive termination or expiry of the Agreement will continue to survive notwithstanding termination or expiry of the Agreement. 16.8 The headings in this Agreement are inserted for convenience only and shall not affect the construction of this Agreement. 16.9 All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive termination or expiry of the Agreement will continue to survive notwithstanding termination or expiry of the Agreement.
17 Entire Agreement
This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior understanding and representations, whether written or oral (whether innocently or negligently) upon which the other party relied in entering into this Agreement, except for any fraudulent misrepresentations.
18 Governing Law
18.1 A person who is not a party to this Agreement has no right under The Contract (Rights of Third Parties) Act 1999 to enforce any terms or conditions of this Agreement. 18.2 This Agreement shall be governed and construed according to English law and any disputes or proceedings shall be subject to the non-exclusive jurisdiction of the English courts. 18.3 For the purpose of the Electronic Commerce (EC Directive) Regulations 2002 the terms and conditions applicable to the Agreement shall be made available to the Customer at http://Terms.HaierMobiles.com |
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