1. General
1.1. These Conditions shall supersede all earlier conditions of PIXELFIX.INFO.
1.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of the proprietor of PIXELFIX.INFO.
2. Definitions
2.1. PIXELFIX.INFO means PIXELFIX.INFO(Paul Wojcik) 4286 Pheasant Run, Mississauga, Ontario, L5L2B9, Canada.
2.2. "Customer" means the person, firm or company buying or agreeing to buy goods and services from PIXELFIX.INFO.
2.3. "Price Paid" means the price paid by the Customer for the Product excluding carriage and any credit surcharge. The Price Paid is stated on the Order Confirmation.
2.4. "Order Confirmation" means the acknowledgment of the Customerīs order sent to the Customer by PIXELFIX.INFO.
2.5. "Product" means service repair supplied to the Customer by PIXELFIX.INFO.
3. Prices and Ordering
3.1. Unless otherwise stated all prices are inclusive of value added tax, delivery, (insurance and installation) where applicable.
3.2. The price payable by the Customer will be the price current at the date of the order.
3.3. Reservation of Products does not constitute an order and is not binding on either party. Goods are in reserve until cleared payment has been received and then the reservation, will become an order and a contract will exist between us.
3.4. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have canceled it.
3.5. Errors and omissions are excepted. Images are for illustrative purposes only.
4. Payment
4.1. Payment must be made to PayPal, and that payment must be forwarded to us as cleared funds to constitute towards payment of an order.
4.2. Payment by Money Order, must be address to PIXELFIX.INFO(Paul Wojcik) 4286 Pheasant Run, Mississauga, Ontario, L5L2B9, Canada. before the service is started.
4.3. Payment by Cash are made in either in advance or after the Service repair is done, based on both parties agreement.
4.4. PIXELFIX.INFO will not ship any goods unless fully cleared payment has been received.
4.5. Where there is a dispute about payment, then we reserve the right to investigate, put the reservation on hold and refund any money paid to us through the method they were paid.
4.6. PIXELFIX.INFO reserve the right not to accept your reservation or order and we may cancel your order with us without reason and without notification. If we choose not to do business with you, then it will be purely on commercial reasons and not for reasons of discrimination. Any money you have paid will be refunded back to you in the manner that they were paid. This decision is final and there is no right to appeal.
5. Delivery
5.1. Any delivery date stated is only a warranty by PIXELFIX.INFO to use reasonable endeavors to effect delivery by that date. No liability will be accepted by PIXELFIX.INFO for failure to meet a stated delivery date.
5.2. Products and Services supplied by PIXELFIX.INFO are delivered at the risk of PIXELFIX.INFO. Customers must make a claim for damage or loss of the goods in writing: -
5.2.1. if a Product is damaged, within 72 hours of delivery; and
5.2.2. if a Product has been lost or is short, within 48 hours of delivery.
5.2.3No claim for loss or damage will be allowed if the Customer claims outside the above time limit.
5.3. If payment is does not pass our payment processors, fraud and verification systems, then any delivery time given will be void and promise or written agreement to delivery will also become void and your account will be canceled to prevent loss. We may notify you, to inform your delivery has been canceled and that your payment has been refunded, we may choose not to.
6. Consumer Rights
6.1. If you are a consumer (a private person buying for their personal use) then you may cancel your purchase at any time within 7 days of receipt and we will give you a refund of the Price Paid. You must inform PIXELFIX.INFO in writing and return the Products to us immediately in the same condition you received them, at your own cost and risk. A restocking fee of 15% is deductible from the refundable amount.
6.2. If a system has been assembled by PIXELFIX.INFO to the consumerīs specification, or the consumer has assembled or tried to assemble any of the goods, then clause 6.1 does not apply.
6.3. If a customer wishes to return Products not covered by clause 6.1 then such Products will be accepted at the discretion of PIXELFIX.INFO. The customer must obtain a RMA number from PIXELFIX.INFO and quote this when returning the goods. The customer will be credited with the current market price, this is always done by bank transfer or if payment has been made by Google checkout, then we will refund your card directly..
7. Guarantee
7.1. If within 12 months of being delivered a defect in any Product is discovered which is directly due to faulty goods or workmanship, or if a valid claim is made under 5.2 above, then PIXELFIX.INFO shall at its option repair or replace the Product free of charge for labour and materials.
7.2. A Product covered by a direct warranty from the manufacturer is not covered by this guarantee. The Customer will receive a warranty direct from the manufacturer and should claim under this warranty.
7.3. The Customer should return the Product in its original packaging to PIXELFIX.INFO at the address above. Prior authorization must be obtained for any returns by contacting PIXELFIX.INFO customer services and obtaining a RMA number, which must be quoted in any correspondence.
7.4. All Products other than accessories are sold as individual components. All returns must comprise of only the defective Product.
7.5. If any item is returned which is found not to be faulty by our technicians, then a charge will be made for return carriage insurance and administration.
7.6. This clause does not affect your statutory rights.
8. Limitation of Liability
8.1. PIXELFIX.INFO accepts liability for any private property loss or damage, death or personal injury caused directly by the negligence or deliberate misconduct of PIXELFIX.INFO or its employees. Except for death or personal injury, this liability shall be limited to the lesser of $250,000 or the Price Paid.
8.2. PIXELFIX.INFO shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or tort or in any other way.
9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of PIXELFIX.INFO or itīs suppliers, PIXELFIX.INFO shall have the right to either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, flood, gails, hurricanes, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
10.2. You are responsible for the product shipment to PIXELFIX.INFO location.
10.3. Images are for illustration purposes only.
10.4. Specifications are correct as per manufacturer information.
10.5. You must provide reasonable courtesy information and co-operation to PIXELFIX.INFO, abusive or threaten emails or phone calls will not be tolerated and we reserve the right not to do business with you under Claus 4.4.
11. Title and Risk
11.1. Until full cleared payment has been received by PIXELFIX.INFO for all Products/Services whatsoever, supplied at any time by PIXELFIX.INFO to the Customer: -
11.1.1. property of the Products shall remain in PIXELFIX.INFO;
11.1.2. the Customer shall store the Products in such a way that they can be readily identified as being the property of PIXELFIX.INFO, and at all times in accordance with PIXELFIX.INFO recommendations;
11.1.3. subject to 11.1.4 and 11.1.5 below the Customer shall be at liberty in its own name (but not on behalf of or in the name of PIXELFIX.INFO) to sell the Products in the ordinary course of business, on the basis that any proceeds of sale shall be the property of and be held on trust for PIXELFIX.INFO;
11.1.4. PIXELFIX.INFO may at any time suspend or revoke the Customers power of sale by notice in writing to the Customer if the Customer is in default for longer than 14 days in payment of any sum whatsoever due to PIXELFIX.INFO or if any Bill of Exchange, cheque or other negotiable instrument drawn or accepted or endorsed by the Customer is dishonored on presentation for payment;
11.1.5. the Customerīs power of sale will automatically determine if a Receiver is appointed over any of the assets or the undertaking of the Consumer or a winding up order is made against the Consumer or the Consumer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy;
11.1.6. upon revocation of the power of sale under clauses 11.1.4 and 11.1.5 above the Customer shall place the Products at the disposal of PIXELFIX.INFO, who shall be entitled to enter upon any premises of the Customer for the purposes of removing the Products from the premises.
11.1.7. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest of other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
12. Marketing Emails
12.1 Marketing Emails refers to any promotional email communication. The information transmitted in these emails is intended only for the person(s) or entity to which it is addressed and may contain proprietary, confidential and/or privileged material. If you have received an email in error, please contact the sender. Although the emails and any attachments are believed to be free of any virus, it is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from the receipt or use thereof. Errors and omissions are excepted. Images are used for illustrative purposes only. Prices valid for the indicated time period only. Offer pricing only available on the online store. Retail prices apply through the Trade Counter and Telephone Sales.
13. Miscellaneous
13.1. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected. Your statutory rights have not been affected in anyway by these Terms & Conditions.
13.2 You automatically agree to abide by these Terms & Conditions by opening an account with us.
13.3 You have right not to abide by these Terms & Conditions, but you forfiet any order placed with us as per clause 4.4
13.4 These Terms & Conditions have be written in accordance with guidance & advice of the Department of Trade and Industry.
13.5 All information & clauses in these Terms & Conditions are in accordance with English Civil Law.
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