Terms, Conditions, Warranties and Customer Information

Terms, Conditions and Customer Information

1. Scope of application

These Terms & Conditions of Gemini 2000 Ltd (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Customer”) and the Seller relating to all goods and/or services offered by the Seller. The inclusion of the Customer’s own conditions is herewith objected to, unless other terms have been stipulated explicitly.

A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2. Shipment and delivery conditions

Goods are generally delivered on dispatch route and to the delivery address supplied by the Customer, unless otherwise agreed. Estimated delivery costs and times are indicated on this web page http://www.gemini2k.com/shipping-rates-times/, although these serve as a guide only and the Seller reserves the right to revise them without notice.

Should delivery to the Customer fail, the assigned transport company returns the goods to the Seller and the Customer bears the cost for the unsuccessful dispatch.

Collection by the Customer may not possible for logistical reasons, unless a prior agreement with the Seller is reached.

3. Right to cancel

Consumer right to cancel

Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instruction for cancellation.

Instructions for cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by mail, phone or email).

Gemini 2000 Ltd
Unit 7 Vitrage Technical Park
27 Witney Road
Nuffield Industrial Estate
Poole, Dorset
BH17 0GL
United Kingdom

Tel.: 0044 01202 666 700
Email: info@gemini2k.com

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless both parties expressly agree otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You bear the direct costs of returning the goods. The direct costs of returning goods which are unsuitable for a return shipment by post, due to their nature (goods delivered by transport agency), are estimated at around a maximum of 170 GBP.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion and/or premature expiration of the right to cancel

The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.

The right of cancellation expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to security, health protection or hygiene reasons, if they become unsealed after delivery.

The right of cancellation expires prematurely for unsealed or downloaded computer software.

Trader right to cancel

Traders are offered the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instruction for cancellation.

Instructions for cancellation

You have the right to cancel this contract within 7 days without giving any reason. The cancellation period will expire after 7 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by mail, phone or email).

Gemini 2000 Ltd
Unit 7 Vitrage Technical Park
27 Witney Road
Nuffield Industrial Estate
Poole, Dorset
BH17 0GL
United Kingdom

Tel.: 0044 01202 666 700
Email: info@gemini2k.com

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than 30 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless both parties expressly agree otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us.

You bear the direct costs of returning the goods. The direct costs of returning goods which are unsuitable for a return shipment by post, due to their nature (goods delivered by transport agency), are estimated at around a maximum of 170 GBP.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion and/or premature expiration of the right to cancel

The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.

The right of cancellation expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to security, health protection or hygiene reasons, if they become unsealed after delivery.

The right of cancellation expires prematurely for unsealed or downloaded computer software.

Cancellation by Seller

The Seller reserves the right to withdraw from the contract, for example in the event of incorrect or improper self-supply. The Seller shall make all reasonable efforts to supply the goods. In case of non-availability or partial availability of the goods the Seller shall inform the Customer without delay and payments made by the Customer shall be refunded.

4. Liability for defects

Consumer rights

The statutory consumer rights apply. The Seller will, free of charge, repair or, at the Seller’s option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Seller to be damaged or defective due to faulty materials, workmanship or design.

If the consumer claims his rights according to Section 19 (3) (b) and (c) and (4) Consumer Rights Act 2015 and the defect is discovered within six months of delivery, it is assumed that the fault was there at the time of delivery unless the Seller can prove otherwise or unless this assumption is inconsistent with the circumstances, Section 19 (14) Consumer Rights Act 2015.

If more than six months have passed, the consumer has to prove the defect was there at the time of delivery. Some defects do not become apparent until some time after delivery, and in these cases it is enough to prove that there was an underlying or hidden defect at that time.

Trader rights

The Seller will, free of charge, repair or, at the Seller’s option, replace Goods or, in the case of Services, re-perform Services which are proved to the reasonable satisfaction of the Seller to be damaged or defective due to faulty materials, workmanship or design. The Seller does not assume liability for any defects in the following circumstances:

• the Trader has altered or repaired such Goods without the written consent of the Seller;
• the Trader did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods;
• the Trader failed to notify the Seller of any defect where the defect should have been reasonably apparent on reasonable inspection;
• the Trader failed to notify the Seller of the defect within 30 days of the date of dispatch of the Goods or performance of the Services.

5. Warranty

Seller’s hardware and software carries a one-year warranty. It starts on the date of purchase as determined by the customer’s proof of purchase. If proof of purchase cannot be provided, the warranty period will be determined by date of manufacture for hardware and build date for software. Our standard warranty is a return to depot warranty.

Any replacement Supplies made or Goods repaired under this warranty policy will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies.

All warranty service requires an RMA (Return Material Authorisation) number. To acquire an RMA number for repair, please download our RMA form online http://gemini2k.com/rma and send it to us at info@genimi2k.com. After the Seller has verified the failure, an RMA will be issued.

The Customer is responsible for return freight charges for the defective unit. All replacement and repaired products may be new or used products, or may contain used parts equivalent to the corresponding new parts in performance at the Seller’s discretion.

Return Freight Company is the responsibility of the Customer. The Seller returns repaired products still under warranty at no charge. Customers may pay for expedited shipping.

Products found defective within 30 days of purchase is considered DOA (Defective On Arrival) and will be exchanged for a new product and the Seller will be responsible for the shipping costs.

Shipping damage, accidents, and damage due to mishandling, which includes abuse, improper use, and product modifications, are not covered under the warranty policy. If a unit is received for repair with shipping or mishandling damage, the Seller will alert the customer of the damage and additional repair costs before proceeding with repairs. If the Seller does not receive confirmation from the customer to begin repair within three business days, the damaged unit will be returned to the customer un-repaired at the customer’s expense.

The Seller can repair out-of-warranty products at a cost agreed with the Seller that depends on the type of fault and quantity of affected goods. The Seller accepts Visa, MasterCard, PayPal or purchase orders for billable repairs. If a purchase order is chosen as a form of payment, the Seller must receive a copy of the purchase order before any repair services will begin.

6. Risk of loss

The risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods.

7. Limitation of liability

The Seller shall not be liable for any indirect, special, economic, consequential, punitive damages or loss (including loss of profits or loss of revenue) arising out of the performance, non-performance, delay in delivery or defect in the Goods howsoever arising or howsoever caused, whether from negligence or otherwise in connection with the supply, functioning or use of the Goods and irrespective of whether the Seller has been advised of the possibility of any such damage.

In no event will the Seller’s liability exceed the price the Customer paid to the Seller for the specific good provided by the Seller giving rise to the claim or cause of action.

The Customer shall fully indemnify the Seller against any liability to third parties arising out of the Customer’s use of the Goods.

8. Privacy and data protection

Collection, processing and use of personal data

Personal data is only collected if you voluntarily disclose such data for the purpose of concluding a contract or opening a customer account. Without your explicit consent, this data is merely used for contract performance and processing your inquiries. Upon complete fulfilment of the contract and complete payment of the purchase price your data will be stored with care for tax and commercial law purposes.

Transfer of personal data

For the purpose of contract fulfilment, personal data collected by us is transferred to the transport company commissioned with the delivery, provided this is required for delivering the goods. For handling of payments, we transfer your payment data to the commissioned credit institution.

9. Internet use conditions

The Seller bears no liability for the up-to-dateness or completeness of the information provided. Liability claims of any kind against the Seller which were caused by the use or non-use of the information provided or through the use of erroneous or incomplete information are excluded.

All offers are subject to change and are non-binding. The Seller expressly reserves the right to change, to complete and to cancel publications or offers in full or in part and without particular notice or to stop publication temporarily or finally.

Where the Seller allows the user the possibility of placing their own texts about glossary contributions, product evaluations, tagging, commentaries or other functions online on http://www.gemini2k.com/support/, these are subject to the following restrictions:

• All texts containing material that is immoral, pornographic or unsuitable for minors, or which glorifies violence are strictly prohibited. Likewise contents that promote or glorify violence or racial discrimination, or are insulting or derogatory, is prohibited.
• Product evaluations and tags are intended neither for communication between individual users nor to give an assessment of our services. The same applies to any criticism that is not related to the product itself as well as improper statements. Evaluations should be based on fact as precisely as possible so that they can be followed by other users.

The Seller does not guarantee a right to the publication of texts users have written themselves and reserves the right to delete contributions at any time if they contravene the abovementioned stipulations. If these are deliberately contravened we expressly reserve the right to take legal action.

With the uploading of texts the user transfers an unrestricted, irrevocable and unlimited exploitation right to the Seller.

Please report texts to us that you feel are offensive or unsuitable and that do not meet our guidelines. The questionable texts will be checked immediately and, if necessary, removed.

10. Intellectual property rights

The copyright for published objects produced by the Seller itself remains with the Seller alone. Duplicating or using such documents, graphics, text, sound files and video sequences in other electronic or printed publications without permission is not allowed.

Documentation provided by the Seller is intended for use solely by the Customer. Passing on any materials to third parties, or sharing electronic or hard copies (including via email, messaging or online hosting) is forbidden.

The Customer acknowledges that the rights to the Goods are owned by the Seller and that the Goods are protected by United Kingdom copyright laws, international treaty provisions and all other applicable national laws.

11. Severability clause

These Terms and Conditions are to be considered as part of the offer from the Seller and if any Term or Condition, parts of it or single formulations of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such Terms and Conditions shall be excluded to the extent of such invalidity or unenforceability; all other Terms and Conditions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable Term or Condition shall be deemed replaced by a Term or Condition that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable Terms or Condition.