EasiBlooMedia Bloo Alert bluetooth marketing

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Terms of Easibloomedia Bloo Alert
 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

1 These terms of sale apply to all goods supplied by Easi Bloo Media (UK), residing at 6 Hendrie Place, Fife, KY1 4LL (the "Supplier"). Easi Bloo Media reserves the right to change or amend these terms and conditions at any time without prior notice.
1.1 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us. If we find the price has changed when we receive your order we will contact you and ask if you if you wish to proceed.
1.2 You must be eighteen years old to use this site.
1.3 You agree that e-mail can be used as a long-distance means of communication.
1.4 The contract is subject to your right of cancellation (see below).
1.5 You agree not to reproduce, duplicate, copy, give away for free, sell, resell, license or exploit for any commercial purposes the Bloo Alert software without prior consent in writing from Easi Bloo Media.
1.6 The intellectual rights, worldwide rights, title, layout, images, fonts, user functionality and interest, copyright and license of the Bloo Alert software remains property of Easi Bloo Media.
1.7 Easi Bloo Media will not be held responsible for misuse of the Bloo alert software. It is the customer’s sole responsibility to ensure the Bloo Alert software is used in a responsible manner and meets current Bluetooth marketing guidelines / regulations for the intended country of use. Easi Bloo Media will not be held responsible for any amendments out with its control made to the Bluetooth Marketing guidelines / regulations in any country which would render the Bloo Alert software obsolete.
1.8 The Blue Alert software is licensed for installation on 1 PC only.

2. Description, price and availability of the goods
2.1 The description and price of the goods you order will be as shown on our website at the time you place your order. Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed on our website.
Easi Bloo Media makes every effort to ensure that all product descriptions quoted on its web site are precise and accurate. On the occasion when a mistake may occur, Easi Bloo Media will be entitled to rescind the contract, not with standing that it has already accepted the customer's order. Descriptions are provided for customer convenience only and the customer is responsible for verifying their accuracy prior to purchase. Unless there is a mistake in the TITLE all returns due to incorrect descriptions will be treated as a customer error and will be subject to a return's authorisation. Returns on grounds of incorrect descriptions have to be raised within 5 calendar days of receipt and products need to be returned in mint as new condition and security seal intact.
Note: If the product does not match the public statement made about it by the manufacturer, Easi Bloo Media can not be held liable for any such statement or any changes made to such statements on the grounds that if we were not aware about such statements or could not reasonably be expected to know about it, or if it was corrected at the time of sale, or if the consumer could not have been influenced by the statement.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Easi Bloo Media will inform you as soon as possible and refund or re-credit you for any sum that have been paid by you or debited from your credit card. Easi Bloo Media strives to ensure that all goods are delivered on time; however we do not accept liability for goods delivered on an unspecified day. Easi Bloo Media will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Easi Bloo Media’s liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
2.3 In addition to the price, you are required to pay a delivery charge for the goods.

3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on Easi Bloo Media UK website at the time you place your order. Payment shall be due before delivery and is a fundamental part of the contract, breach of which shall entitle Easi Bloo Media to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.

4. Delivery
4.1 The goods you order will be delivered to the address on the credit card or you give when you place your order, except that some deliveries are not made outside the United Kingdom.
4.2 Orders placed before the time stated on the product or checkout page on a working day will be processed that day provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays).
4.3 If delivery cannot be made to your address for reasons under Easi Bloo Media’s control the Supplier will inform you as soon as possible.
4.4 If you fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 Return the goods to the suppliers’ warehouse. Refused deliveries by customers will attract a 20% re-stocking fee unless the goods are returned in mint as new condition and the seal on the software intact and activation key unused otherwise Easi Bloo Media will refuse to accept such goods, at its sole discretion. Easi Bloo Media also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
4.4.2 Store the goods until actual delivery and charge you for reasonable costs (including storage) re-delivery; or
4.4.3 Resell the goods at the best possible price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 You must notify us within 5 working days of the declared delivery date if you have not received the goods.
4.6 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, Easi Bloo Media reserves the right to deduct any direct costs incurred in retrieving the goods as a result of such failure.
4.7 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Easi Bloo Media will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case Easi Bloo Media will inform you as soon as possible. Easi Bloo Media will not be liable for any consequential or indirect loss such as loss of profits, loss of goodwill, damage to trading relationships and financial loss. Easi Bloo Media’s ability in respect of all other losses shall be limited to the invoiced value of the relevant order. Under no circumstances will Easi Bloo Media be held liable in any disputes between the claims of the customer and the courier with regards failed delivery issues. Easi Bloo Media however is willing to offer its assistance in any such hopefully avoidable instances.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so will affect any delivery damage/warranty claims that you make thereafter.

Find out how Bloo Alert works and what it can offer you.
Any bluetooth phone coming within approx 100 - 2000 metres of your business premises will receive your promotional message.

Find out where Bloo Alert can be used
Any industry can benefit from using the Bloo Alert software, the possibilities are endless.

5 Risk / Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 Easi Bloo Media shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6. Your right of cancellation
6.1 You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you and or the activation key to register the product has been applied or downloaded from our site or elsewhere, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods. This applies to a selected number of other goods which cannot be resold as new once the seal or packaging has been broken.
6.2 If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 7 working days of receipt. The item must not be used and must be 'as new' when returned to us, the seal on the software must be intact and the activation code to activate and register the software must not have been downloaded and applied from the link supplied when purchased. If the activation code has been downloaded from the link provided, software is registered and the security seal broken then you will be deemed liable to accept the goods and no refund will be given.
6.3 Distance Selling Regulations do not apply to orders placed by business customers and our Terms and Conditions relating to returning Non-faulty goods apply.
6.4 To exercise your right of cancellation, you must give written notice to Easi Bloo Media by email or in writing, giving details of the goods ordered and (where appropriate) their delivery.
6.5 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will have to bear the cost for returning the goods to the Supplier. If Easi Bloo Media has to collect the goods from you, you will be charged no more than the original shipping cost.
6.6 Unwanted products will be taken back within 7 working days of purchase so long as they are in pristine condition. All items must be returned unused, in perfect condition and in their full original clean packaging which must not be marked or written on. The seal on the software must not be broken, the activation code must not be downloaded and the product must not be registered. If you are sending the goods back to us, you are responsible that the goods arrive at our premises in the state as described above. All goods are inspected on arrival and refunds will not be issued if the goods are not in this condition. They must be in a re-saleable condition and must be returned to us at your expense. Easi Bloo Media retains the right to refuse to refund any item not deemed to be resalable. We retain the right to charge a re-stocking fee of 20 % of the item value for items that are returned to our distribution centre due to non compliance with our terms and conditions. We will refund the total amount paid for the goods, less any delivery and collection charges, within 30 days of receiving the returned goods.
6.7 In the case of faulty or miss-described goods the Supplier shall, after receiving notification in accordance with clause 7.3 or 7.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you a reasonable postage costs.
6.8 If you wish to return unwanted goods you must contact us by email or by written means. When we receive your completed form we will issue you with a returns number which you will receive by e-mail. Please note that returns authorisations for unwanted items are not issued instantly but can take up to one week. Easi Bloo Media will refund or re-credit you within 30 days of receipt of returned item/s for any sum (excluding delivery/collection cost) that has been paid by you or debited from your credit card for the goods.

7. Warranty
7.1 All goods supplied by the Easi Bloo Media follow the standard manufacturer's warranties.
Please note that depending on agreements with the manufacturer warranties are claimed in two different ways:
1) Warranties that have to be claimed by the customer directly from the manufacturer from the moment of product delivery.
2) Warranties that have to be claimed from the manufacturer via Easi Bloo Media return's procedure.
In each instance the warranties are carried by the manufacturer directly and not by Easi Bloo Media. All returns on grounds of faults are subject to manufacturer's fault verification and approval. Please contact us prior to purchase if you wish to be informed about individual product warranties and 'dead on arrival policies'.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the manufacturer.
7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via email within 48 hours.
7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via email, as soon as possible, but in any event within 7 calendar days of the date you discovered the damage, defect.
7.5 Products found to be faulty after 7 working days of purchase will only be repaired. If a repair is not possible they will be replaced with the same product or one with equivalent features or price.
7.6 Faulty products will be checked by us and/or the manufacturer. If the product is NOT found to be faulty it will be returned and an administration fee will be raised. Please note that in the unfortunate event of a faulty product Easi Bloo Media can not be held responsible for any delays incurred by repairs or replacements undertaken by the manufacturer.
7.7 Your replacement will be dispatched once the faulty goods have arrived back to us and have been tested for the described fault. Faulty units that have been returned with a manufacturer's fault reference will not be tested and replacement units will be despatched thereafter (subject to availability). If replacement items are not available within a reasonable time a refund will be offered. The amount of refund will be proportional to a reasonable assessment of fair wear and tear of the returned item which usually becomes effective after a six months usage. In that instance refunds will be assessed to the current market price but never above the original purchase price.
7.8 On occasion we may choose to dispatch a replacement before we have received the faulty unit from you. In this case it is still your duty to return the faulty item following the instructions given to you. Failure to do so will give Easi Bloo Media the right to take the full payment for the replacement unit received by you.

8. Limitation of Liability
8.1 Subject to 8.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 Any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
8.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

9. Data Protection
Easi Bloo Media will take all reasonable precautions to keep the details of your order and payment secure but unless Easi Bloo Media can be proved to have been negligent, we will not be liable for unauthorised access to information supplied by you.

10. Images
Product images are for illustrative purposes only and may differ from the actual product.
These terms of sale and the supply of the goods will be subject to Scottish Law and the Scottish courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in England & Wales shall have the right to insist upon these terms being construed in accordance with the laws of England & Wales and to submit to the jurisdiction of English & Welsh courts.

 

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