Terms / Conditions
Terms and Conditions
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1. Interpretation and Scope
These terms are applicable to the users of the website by Bitonside or under its licence. The Domain name bitonside.co.uk, and all subdomains, (hereinafter referred to as "Website") is owned by bitonsite.
Scope - Your use of this website & services are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference.
If you transact on the website , you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website for such transactions and/or access. By mere use of the website, you shall be contracting with Bitonside and these Terms of Use including the policies constitute your binding obligations with Bitonside.
Terms apply to Online orders.
Definition
1. "Affiliates" means any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with Bitonside which compensates the affiliate for transactions resulting from business directed to the Bitonside by the affiliate.
2. “Buying” shall mean purchase of any product by a Customer from Bitonside.co.uk.
3. "Bitonside.co.uk" includes Bitonside.com.
4. "Cookies" means small text files which our website places on your device to store information about your shopping session and to identify your device.
5. “Customer" means a person or organisation that buys, sells or exchanges products with Bitonside online.
6. “Exchange” shall mean an act of giving one thing and receiving another in consideration to cash, kind or donation.
7. "Personal Information" means the details provided by you on registration or at the time you become a member and/or any subsequent information that you provide after or before the registration;
8. "Product/s" mean chattels real (movable property) bought, sold or exchanged between a Customer and Bitonside, and also those products that are sent to Bitonside for sale but for which transaction has not yet been completed
9. "Product Description" means that part of the website where the description of the particular product is provided.
10. “Selling” shall mean any product sold by a Customer to Bionside.
11. “Store” means a Bitonside online store.
12. “User" means a person who uses or accesses this website and/or is a Customer.
13. "Users" means the users of the website collectively.
14. "Website" means the website located at bitonside.co.uk and its subdomains and any subsequent URL which may replace it.
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PART - I (General)
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3. Product Warranty
3.1 24-Months Warranty: Bitonside offers a 24 month warranty on all items with certain exceptions as detailed in clause 3.1.1, and for a lesser time period for certain products as detailed in clause 3.1.2.
3.1.1 Exceptions to the Warranty - This warranty does not cover the following-
a. Physical damage
b. Liquid damage
c. Any damage caused by rooting/ jailbreaking a device
d. Removable covers such as battery covers, port/interface covers and lens caps
e. Any items with single use codes e.g. software, game activation codes or subscription codes
f. Removing the pre-installed screen protector from a Flip/Fold phone device
g. Any items offered under Bitonside Apparels
3.1.2 Removable consumable parts - Consumable parts that degenerate over time but are not fixed e.g. batteries, bulbs, tyre/tyres, brake/brakes, inner tube/tubes, wheel bearings, handlebar grips, screen protectors/laminates, pegs, bolts and Miniature Wargaming will be covered for 30 days from purchase.
3.1.3 Non removable consumable parts - sealed batteries will be covered for the full duration of the warranty.
3.2 Bitonside bears no responsibility for your loss of data, please ensure that all data is removed from the device before booking in for warranty or returning the device.
3.3 If the product sold by Bitonside is found to be faulty or develops a fault within the first 30 days of sale Bitonside will refund to the original value and via the same payment method.
3.4 If the product develops a fault after 30 days and within 6 months of sale, Bitonside the defective product will be fully tested to verify the fault. Bitonside will repair or replace the product if the product is found defective otherwise it will be dispatched back to you in case of online orders. If you have already had a repair/replacement that has become faulty again, the refund processed would be to the original value as per the Terms of Use. If a refund is done within 6 months of the original purchase it will be to the original amount paid.
3.5 If the product develops a fault after 6 months and before 24 months from the date of sale, Bitonside will replace/repair the product. If you have already had a repair/replacement that has become faulty again, the refund processed would be to the current value/original value (whichever is the lower) as per the Terms of Use.
3.6 All products sent to Bitonside for refund or return under warranty are made pursuant to a shipment contract. Prior to Bitonside receiving such products the risk of loss and title for such products remains with the Customer.
3.7 This warranty does not cover physical damage, damage or failures or injury which result from accident, misuse, abuse, neglect, mishandling, misapplication, faulty installation, improper maintenance, and improper voltage supply, interference from or with other electronic devices, alteration, improper modification, firmware flashing, bios flashing or service by anyone other than Bitonside or an agent approved by Bitonside.
3.8 This warranty does not cover the user from any damage and/or injury which result from accident, misuse, abuse, neglect, mishandling, improper maintenance, alteration, modification of the e-scooters sold by Bitonside, caused to and/or by the user.
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4. Returns policy
4.1 Bitonside will only accept Products returned that are:
(a) Accompanied by a valid proof of purchase for the Products.
(b) Returned Products to Bitonside should contain all items included in the original Product.
4.2 All returned Products need to be tested and the fault verified before any refund, repair or replacement can be issued.
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5. Unwanted product policy:
In our unique 48-hours returns policy, the Customer is entitled to return an Unwanted item within 48-hours of sale for a full refund to a Bitonside voucher. Refund will be subject to testing and if the item is returned in the same condition as sold. In order to prevent abuse, Bitonside reserves the right to limit the number of exchanges from a specific customer.
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6. Description of Products: All Products are second hand unless specifically stated and all Product descriptions and images are for display purposes only and do not represent the finished Product.
6.1 Box contents may vary; additional downloadable content listed on the box may not be included.Bitonside cannot confirm the price of a product until your order is accepted in accordance with our policies.
6.2 Images - images are for illustration purposes only. Actual product design may vary from image.
6.3 Condition of products - the price will vary depending on the cosmetic condition of the Products and its accessories. We break this down into grades:
used or new
6.4 Games consoles are graded as one of the following -
- used
- new
6.5 Bitonside reserves the right to amend prices anytime without prior notice.
6.6 All Apple devices must have their iCloud account deactivated. It is the responsibility of the Customer to ensure the device is clear of any accounts, passwords or any other personal information before Bitonside accepts responsibility.
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7. Buying from Bitonside
7.1 You hereby acknowledge your sole responsibility to ensure that you have the relevant compatible accessories, suitable power step-downs, equipment, software, display devices and relevant machinery or otherwise needed to safely connect the products to power supplies, mains power, batteries and other devices.
7.2 For the purposes of maintaining appropriate demand and supply and ensure 'natural' price fluctuations and stock availability for the benefit of all our customers, Bitonside reserves the right to limit the number of units of any particular item, sold to any individual customer, at any time.
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8. Selling to Bitonside
8.1Bitonside reserves the right to refuse to purchase any Product at their sole discretion.
8.2 Bitonside reserves the right to limit the number of purchases at their sole discretion. In case of selling multiple same/similar Product, a bulk-selling discount would be applicable. The final price will be communicated to you before confirming the order. The contract will only be formed once you confirm the bulk discount price. In case you don't accept the bulk discount price your products will be returned. There will be no formation of contract, without you accepting the bulk price.
8.3 Once you sell your Products to Bitonside, the ownership will be transferred to Bitonside. You also warrant that you are the rightful and legitimate owner of the product or have been authorised to sell the product and that the product is free from any encumbrances or third party claims. In case the Products are later found out to be stolen, or encumbered and/or fake, we reserve the right to pursue legal remedy (both civil and criminal) against you.
8.4 Please note that prices quoted on our website are subject to change without prior notice. Bitonside can pay for the items it bought in cash/bank transfer or vouchers, as per your choice.The price offered in cash varies from the price offered in voucher or exchange. Vouchers once issued, cannot be transferred by us to any other person and they hold no cash value. However, vouchers can be sold to someone else by you but at your own risk. Bitonside shall not be liable for fraud arising out of or in connection to this. The person who holds the voucher will be considered to be the rightful owner of the voucher.
8.5 Obligation to wipe data: It is the sole responsibility of the Customer to ensure that any device sold to Bitonside is clear of any personal information. The Customer would use all reasonable measures to wipe/erase the data on the device or any additional storage device included in that device.
8.6 If a purchase exceeds the redeemers voucher balance, the remaining amount must be paid by an additional voucher, cash or any other payment method being accepted by Bitonside at that point in time.
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9. Registration/Membership
9.1 You warrant that:
9.1.1 The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
9.1.2 You will update your account to reflect any changes to your personal information.
9.1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
9.2 If you wish to use our services of buying, selling or exchanging, a membership account will be required and/or created, which will be valid for online transactions. All trading activities associated with our services will be operated through your membership account.
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10. Intellectual Property Rights
10.1 Copyright
All content included on the Bitonside website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bitonsideor its content suppliers and protected by UK and international copyright laws.
10.2 Trademarks
Bitonside and other marks indicated on Bitonside website site are registered trademarks of Bitonside, or its subsidiaries, in the UK and other countries. Bitonside and other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bitonside or its subsidiaries.
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11. Export Limitation
Certain Products sold by Bitonside may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re-exportation from the United Kingdom. The Customer will not export any Product sold by CeX without first obtaining all appropriate approval from the relevant authorities.
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12. Limitation of Liability
12.1 While Bitonside will use reasonable endeavours to verify the accuracy of any information on the website , Bitonside makes no warranties, whether express or implied in relation to its accuracy.
12.2 Bitonside will not be liable, in contract, tort for:
- Any economic losses
- Any loss of goodwill or reputation
- Any special or indirect losses suffered by the User as per the Terms of Use
12.3 Bitonside liability whether in contract, tort or otherwise in respect of any defect in the Products or for any breach of the Terms of Use or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.
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13. Severance
If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
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14. Indemnity
You agree to indemnifyBitonside fully from any third party claims arising out of your negligence.
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15. Notice
15.1 Any notice given under or pursuant to these Terms of Use may be sent by hand or by post or by registered post or by recorded delivery. It would first be received by the addressee in normal business hours.
15.2 The registered company name and address is:
Bitonside , 265 , walderslade ROAD, kent me5 0nh.
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16. Applicable law and Dispute Resolution
While transacting with Bitonside, you agree to be bound by the laws of England and Wales.
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17. Data Protection
Kindly refer to our Privacy policy
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18. Age Restrictions
18.1 The Customer placing orders or making purchases, confirms that he/she is of the appropriate age to receive and view the specified certification of the title(s) of the Product he/she has ordered/purchased.
18.2 Any Customer ordering or purchasing a Product for or on behalf of a third person shall need to make sure that the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) he/she has ordered/purchased.
18.3 If you are under 13, you may use the website only with involvement of a parent or guardian.
Bitonside and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion or refuse to sell .
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19. Force Majeure
Bitonside shall not be liable for any default due to any Act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control ofBitonside.
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PART - II (Online only)
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20. Buying, Selling and Exchange of Products
20.1 Buying from CeX
20.1.1 Any order placed online will be considered as a binding contract, when the order will be dispatched by Bitonside unless it has been cancelled by Bitonside or the Customer. Bitonside may cancel the order in case the Product is unavailable from the stock, or proper payment has not been made by the Customer. Bitonside may also cancel the order if the Customer doesn’t meet the eligibility criteria or is in breach of the Terms of Use.
20.1.2 Contract cancellation: An order can be cancelled till the time it has been dispatched.
20.1.3 Unwanted Products: As per the distance selling regulations you have until 14 days to return the Product as unwanted. Outside the 14 day period, Bitonside reserves the right to refuse any refund or exchange for the Products which are not faulty.
20.1.4 Order Delivery - Bitonside is only able to deliver orders to the UK billing address mentioned on your bank/credit card account or to the registered UK address of your PayPal account or stripe used for the transaction. Bitonside is not liable for any missed delivery, due to an incorrect or incomplete address entered by you.
20.2 Selling to Bitonside
20.2.1 Your obligation is to dispatch the Products that you are selling to Bitonside in a timely manner. Your Product must be received by Bitonside at the designated location within ten [10] days of your order being placed. Quoted prices may vary or orders may be cancelled if Products are not received within this period.
20.2.2 All products sent to Bitonside are made pursuant to a shipment contract. Prior to Bitonside receiving such products the risk of loss and title for such products remains with the Customer.
20.2.3 You must ensure that all parts of your order are sent at the same time. ShouldBitonside receive only part of your order, Bitonside will cancel the Products that have not been received, and process the Products that Bitonside has received. Bitonside will not take responsibility for incomplete orders.
20.2.4 Bitonside issues payment on the basis of details provided by the Customer and shall not be liable for payment made to wrong account due to incorrect details.
20.2.5 The value Bitonside offers for your Products may be reduced upon receipt depending on their condition or quantity.
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21. Delivery
21.1 Delivery is deemed to take place when Bitonside hands over the Product to the Customer.
21.2 Late delivery of Products does not entitle the Customer to do any of the following:
(a) Reject the Products.
(b) Cancel the order.
(c) Withhold payment of any part of the Product contract price.
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22. Failed products
22.1 Any Product that fails our testing procedures will be returned (if requested) by Royal Mail Recorded Delivery.
22.2 Once sent, a tracking number can be supplied on request.
22.3Bitonside will not take responsibility for lost or damaged Products among failed Products.
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23. Our Rights
Bitonside reserves the right to Change the Terms of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the conditions then You must immediately stop using the website.
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24. Third party links
Bitonside shall not be responsible for the contents of any third parties, provided to you by a link on the website or otherwise.
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25. Cookies and other Technologies
Kindly refer to our cookie policy
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26. General
The contract between Bitonside and you in respect of the Products comes into existence when your order has been accepted by Bitonside (or vice versa) in accordance with these Terms of Use.
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27. Selling to Bitonside
Title of the Products shall pass to Bitonside following successful testing and a purchase price having been agreed between Bitonside and you.
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28. Testing of Products
28.1 While Bitonside will make every effort to look after Products left by you for test, they are left at your own risk.
28.2 Products that fail the test or are rejected by Bitonside for purchase will be sent back witin 14 days at your expense.