FunTech LTD Terms Of Use (Regarding the Use of this Website)

 

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE.

For terms and conditions related to “Pre-Owned Devices” found in the pre-owned devices section of our website (https://www.funtech.ie/395-pre-owned-mobile-phones), please refer the terms and conditions specific to this section located at Pre-own terms and conditions

1. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

 

2. USE OF SITE.

 

FunTech LTD grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases or any purchase in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of FunTech LTD, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of FunTech LTD. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that FunTech LTD deems in its sole discretion to be unreasonable or disproportionate to the benefits FunTech LTD obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

 

3. RESPONSIBILITY.

 

If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

 

4. REVIEW OF TRANSMISSIONS.

 

FunTech LTD may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that FunTech LTD deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant FunTech LTD and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. FunTech LTD takes no responsibility and assumes no liability for any content posted or submitted by you.

 

5. EXCLUSION OF WARRANTY.

 

FunTech LTD and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "As Is" basis. FunTech LTD and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for or a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither FunTech LTD nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from FunTech LTD are free of viruses or other harmful components.

 

6. LIMITATION OF LIABILITY.

 

While we attempt to ensure that the information available on the web site is accurate, we cannot guarantee that it will always be fault free. We endeavour to correct errors and omissions as quickly as practicable. We do not accept liability for any such errors and omissions. FunTech LTD assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, date, text or images from the site. In no event shall FunTech LTD or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind(Including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (I) Any use of this site or content found herein, (II) Any failure or delay (Including, but not limited to the use of or inability to use any component of this site for purchases or orders), Or(III) The performance or non performance by FunTech LTD or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, FunTech LTD or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of FunTech LTD and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) 100.00 EURO. In its sole discretion, in addition to any other rights or remedies available to FunTech LTD and without any liability whatsoever, FunTech LTD at any time and without notice may terminate or restrict your access to any component of this site.

 

7. INDEMNIFICATION.

 

You shall defend and indemnify FunTech LTD and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

 

8. LINKS.

 

This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by FunTech LTD, its third party providers or distributors of the contents of such other Web sites. None of FunTech LTD or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

 

9. RELATIONSHIP.

 

The relationship between FunTech LTD and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

 

10. INJUNCTIVE RELIEF.

 

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to FunTech LTD as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that FunTech LTD shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by FunTech LTD in obtaining such an injunction, including, without limitation, reasonable solicitors fees. You agree that no bond or other security shall be required in connection with such injunction.

 

11. TERMINATION.

 

FunTech LTD may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which FunTech LTD and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to FunTech LTD and its third party providers or distributors, as applicable.

 

12. ASSIGNMENT.

 

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

 

13. MODIFICATION.

 

FunTech LTD may at any time modify these terms of use and your continued use of this site will be conditioned upon the terms of use in force at the time of your use.

 

14. BOOKING CONDITIONS.

 

When you purchase products and/or services from this site, you are agreeing to the applicable Terms and Conditions (Funtech LTD reserve the right for cancellation, refund and returns) and you must read before continuing with your order.

 

15. ENTIRE AGREEMENT.

 

This User Agreement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter here of, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

These terms and conditions apply to the sale of pre-owned devices listed on our website.

In this document the terms “our website” refers to Funtech.ie , “Us” and “We” refer to Funtech LTD. “You” and “Your” refers to yourself as the customer. “pre-owned devices” and “devices” or “device” refers to products listed on the following page only https://www.funtech.ie/395-pre-owned-mobile-phones

Product availability and pricing is detailed on our website and may change from time to time without prior notice. Prices stated on our website are non-negotiable, excluded obvious mistakes.

Payment can be made online on our website or at one of our branches. Products will not be available for collection until payment is made in full by online payment through our website using PayPal, any major credit card or at one of our branches via cash or card.

Devices will be delivered either to the address provided by you or to your nearest branch for collection.

When devices are delivered to your home address, a signature will be required. Devices will not be left at any address without a signature. Only when a signature is received is the device then considered to be your property and your responsibility.

When a device is paid for and collected from any FunTech branch the device is deemed to be your property when you leave the branch with the device and then so becomes your responsibility.

Upon collection, you must provide proof of purchase either by providing the order reference number you have received via email or by producing the receipt you received from a member of staff at one of our branches.

 

Warranty, Returns and Refunds of pre-owned devices.

Each pre-owned device comes with a 6-month warranty.

This warranty does not cover physical damage. This warranty does not cover water damage.

The warranty covers faulty or malfunctioning devices only.

The warranty is void if a device was repaired by anyone, other than FunTech.

The warranty is void if the internal FunTech seal is broken when inspected by FunTech staff.

When a device is faulty or malfunctioning, it must be brought to any FunTech branch for inspection. In some cases, a more in-depth inspection of the device will be required and in this case the device will be sent to Head Office in Dublin at no charge to customer. We will repair faulty devices at no charge to the customer. The device may need to be sent to Head Office for repair and in such cases the device will be away for up to 14 working days or longer if parts are in short supply or currently unavailable. You will be advised of any delays by FunTech.

All pre-owned devices are sold “as is” and have been refurbished by FunTech LTD. You assume the responsibility for your purchase, and no refunds will be issued. After FunTech LTD have attempted to repair the same reoccurring problem on your device on three occasions and/or after an inspection has been carried out and a device is unrepairable, you may exchange your purchase for another pre-owned device of equal or lesser value. If you choose to exchange your purchase for an item of lesser value, there will be no refund for the difference in price.

When the device is an iPhone, or apple branded device and contains an iCloud account, the device is considered the property of the customer until the iCloud account is removed. In such a case, an exchange cannot be made until the iCloud account is removed from the device by the customer.

When the device is Android based, has Android operating system installed, and contains a Google, Samsung or any other brands account registered in the system, the device is considered the property of the customer until those accounts are removed. In such a case, an exchange cannot be made until those accounts are removed from the device by the customer.

These terms and conditions may change or be updated from time to time without prior notice.