General Terms and Conditions of Sale of Ingram Micro Slovakia, s. r. o. for the Yota webshop

1. Applicability of General Terms and Conditions of Sale
   For the business relationship between Ingram Micro Slovakia, s. r. o. (Ingram Micro or “we/us”) and the customer (“Customer” or “you”) the following General Terms and Conditions of Business (GTC) shall exclusively apply. Any conflicting standard or other terms of the customer are not accepted by Ingram Micro except where Ingram Micro expressly agrees otherwise in writing
   
   
2. Binding Character of Offers, Conclusion of Contracts
   Any offers from the Webshop are tendered without obligation and not binding, unless explicitly denoted as a binding offer. By placing an order, you offer to buy the goods and a binding contract is only entered into when your order is accepted by us. After an order is placed by you, we will send you an email to confirm receipt of your order and its details. This confirmation does not constitute our acceptance of the offer but only serves to inform you that the order was received by us. Your offer is accepted by us (and thus a contract is concluded) only if and as soon as we confirm dispatch of the ordered goods in a further email (Shipment Confirmation). No contract is concluded for goods that are not expressly mentioned in the Shipment Confirmation. As long as the Shipment Confirmation has not been sent, we shall have no obligation to deliver the ordered goods.
   
   
3. Right of Cancellation
   Cancellation instructions
   Provided that you are a consumer within the meaning of Section 4 of the Consumer Contracts (Information, Cancellation Additional Charges) Regulations 2013 (“Regulations 2013”), you are entitled to cancel the sales contract at any time within fourteen (14) days after the sales contract was entered into or, if you have received and taken possession of the goods, fourteen (14) days after you took possession of the goods. You can cancel the contract by letter, fax or e-mail or by using the cancellation form available on our website, and return the ordered goods to us. However, if we have not fulfilled our information obligations to you in accordance with Part 2 of Regulations 2013, the cancellation period starts from the time we have fulfilled our information obligations. The revocation shall be addressed to:
   
   Ingram Micro Slovakia s.r.o
   c/o Yota Return Center
   Address: Logistický areal Westpoint D2, Hala C, č.p. 1070, 900 55 Lozorno, Slovakia
   
   Fax: +421 2 69203 112
   
   E-mail: eu.support@yotadevices.com
   
   Consequences of cancellation :
   In case you decide to cancel the sales contract, either party’s obligations to perform the sales contract will end. We will collect the goods from the place they were delivered and reimburse the price you have paid for the goods as further explained below. Should you be unable to restore or return the goods or should you be able to return the goods only incomplete, damaged, in parts or in a diminished condition, you agree that you will only receive a reimbursement reflecting the state of the goods in which they were returned. We reserve the right to charge you and deduct from your reimbursement for any incomplete, damaged or diminished goods if the conditions of the returned goods was a result of your handling of the goods beyond what was necessary for you to establish the nature, characteristics and functioning of the goods, but not more than the contract price
   
   We will collect the goods at our cost unless the goods can be returned by parcel post, in which case you shall return the goods at the risk and cost of Ingram Micro.
   
   Our obligation to reimburse the contract price shall be fulfilled within a period of 14 days from our receipt of your cancellation but no later than 14 days from our collection or receipt of the goods
   
   In case you make use of your cancellation rights, you shall bear the regular costs of return, if the delivered goods are those which have been ordered by you and if the price of the goods to be returned does not exceed GBP 40.00 or, in case the price of the goods exceeds GBP 40.00, if you have not yet paid the sales price or a contractually agreed partial amount for them at the time of cancellation. Otherwise, the return is free of charge for you.
   
   No cancellation rights
   
   The above mentioned rights of cancellation do not apply
   
   § if the delivered goods have been made according to your specifications or are clearly customised to your needs,
   § if delivered audio or video recordings (such as music cassettes, CDs, videos) or software have been unsealed; this shall not apply to technical defects,
   § if delivered goods are not suitable for return due to their characteristics (such as downloads).
   
   
   
4. Prices/ Shipping Costs/ Reservation of Title
   1. All prices are quoted in pound sterling (GBP) and include VAT and other charges (e.g. environmental fees) that we shall collect upon sale to you-. For deliveries within the United Kingdom mainland, the shipping costs are included in the sales price. We may charge you delivery costs for shipments to other parts of the United Kingdom as quoted by us before you place the purchase order. Payment shall be made either via world pay.com/ or by credit/debit card (Visa/Master Card).
   2. Title to the delivered goods shall remain with us until we have received payment in full from you.
   
   
   
5. Warranty
   1. We shall be liable for defects of sold goods, if such defects are demonstrated to exist by the time of the transfer of risk. Any claims arising from defects can only be made by you and may not be assigned to a third party.
   2. If delivered goods are defective, we will repair or replace the goods, i.e. we will ship a replacement product to you or repair the defects within a reasonable period of time. If the replacement is only possible with disproportionate costs, we are entitled to provide you with another type of product at our cost. If we are unable to provide you with a replacement or repair the defective goods to your satisfaction, you may opt for either cancellation of your sales contract or request a reduction of the purchase price.
   3. Defective goods shall be returned to us, unless you have opted for a reduction of the purchase price. The costs for the return of defective goods shall be borne by us.
   4. Defects caused by inappropriate or improper use or treatment of goods, improper assembly and/or handling by you or third parties or resulting from normal wear and tear shall not justify a liability for material defects. The same applies if manuals and maintenance instructions of the manufacturer were not complied with, or components or parts have been substituted or you have used spare parts that do not comply with the original specifications.
   5. Claims for defects will become time-barred two years after delivery of the goods, unless we have intentionally or negligently concealed such defects. In the latter case, claims for defects will become time-barred within 3 years starting at the end of the year in which the defect arose and in which you obtained knowledge about the circumstances that gave rose to the claim or knowledge of which you should have obtained without having been grossly negligent.
   
   
   
6. Other Claims for Compensation
   1. Claims for compensation of damages against us, our representatives, agents or subcontractors are hereby excluded regardless of the kind of breach, including tort, to the extent that such damage has not been caused intentionally or by our gross negligence..
   2. Our liability for infringement of material contractual obligations (cardinal obligations) shall comprise any degree of negligence, but shall be limited to damages which are foreseeable and typical of the underlying sales contract. Such damage shall be limited to the invoice value of the sales contract.
   3. The limitations and exclusions of liability set out in sections 1 and 2 above shall not apply to claims caused by misconduct, to claims arising from product liability and safety legislation as well as to personal injury or death.
   4. To the extent that our liability is excluded or limited, such exclusion or limitation shall also apply to our employees.
   
   
   
7. Customer’s Right of Return
   Except as set out in these terms, you shall have no right to return any goods purchased from us. If you are not purchasing the goods as a consumer, you are advised to contact the manufacturer directly with respective to any defects and warranty claims you have. We are not offering any other warranties than those warranties offered by the manufacturer.
   
   
8. Personal Data /Credit Assessments
   1. We will collect and use certain personal and order data for the purpose of fulfilling the sales contract and – to the extent permitted by law and in consideration of you legitimate interest in excluding the use and transfer - for the purpose of assessing your credit worthiness in the event we grant you credit. We will use address and order data for our own marketing purposes of third parties as far as you have not objected to such use. For details and information on further data uses, please see our privacy policy. In order to facilitate purchases through the Webshop, we may use temporary cookies in order to complete such purchase; however, such temporary cookies will expire at the end of the session
      
      
9. Severability Clause/Applicable Law
   1. Should any provisions of these General Terms and Conditions of Sale or any provisions within the scope of other agreements be or become ineffective, unenforceable or missing, the effectiveness of the remaining provisions shall not be affected thereby. Any such ineffective, unenforceable or missing provision shall be deemed replaced by such provision as the parties would reasonably have agreed had they been aware of such ineffectiveness, unenforceability or omission.
      
      These General Terms and Conditions of Sale as well as the entire legal relationship between you and us shall be governed by the laws of England and Wales. The provisions of the United Nations Convention on International Sale of Goods (CISG) shall not apply.