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TERMS AND CONDITIONS OF SALE

The following terms and conditions (together with the documents expressly referred to in them) apply to purchases made from BINOM online shop on our website https://binom.mobi/ (our website). We suggest you print a copy to keep for your records.

We strongly recommend that you read these terms and conditions carefully, as they will form part of the contract (Contract) between us.

You should understand that by ordering any of our Products, you accept these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to order any Products from our website. We are under a legal duty to supply goods in conformity with these terms and conditions of sale.

Please tick the relevant checkbox on the order page to indicate your agreement to these terms and conditions.

Please note that these terms and conditions do not cover the sale of our products (Products) by third parties to you. 


Please also note that, from time to time we may amend these terms and conditions, as set out in clause “Our right to vary these terms and conditions”. Every time you submit an order to us, please check these terms and conditions to ensure you understand the terms and conditions which will apply at that time.

To purchase from our website, you may need to use a credit or debit card. You will also need an email address as we will use this as the main way to keep in contact with you.

Information about us

We operate the website https://binom.mobi/. We are BINOM GROUP LP, a company registered in Scotland under company number SL021355.Our registered office address is Suite 3060 15 Bell Street, St Andrews, Fife, Scotland, KY16 9UR.

Information on OUR website

Whilst we try to ensure that all descriptions, details, including prices, displayed on our website are correct and up to date, we cannot guarantee that they are. Details may be updated from time to time and are subject to change. You must ensure that prior to placing an order you have checked all relevant details about the Product(s) you have selected. We cannot confirm the price of a Product until your order is accepted. All Products advertised are subject to availability.

Should you wish to contact us about these terms and conditions, please do so using the following contact information: Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Your status

By placing an order through our website, you warrant that:

  • you are legally capable of entering into binding contracts.
  • you are at least 18 years old.
  • you are a private individual and purchasing Products in your capacity as such.

Ordering

The information displayed on our website, including prices, does not constitute an offer to contract or enter into an agreement. When you place an order via our website for Product(s) your order shall constitute an offer for the Product(s) selected.

You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (Order Confirmation). Please note that the Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an e-mail confirming that the Product has been dispatched (Dispatch Confirmation). We may refuse to accept your order:

  • where the Product is not available.
  • where we cannot obtain authorisation for your payment.
  • if there has been a pricing or Product description error (see ‘Price and Payment’ below); or
  • if you do not meet the eligibility criteria set out in ‘Your Status’ above.

2. The Contract between us will only be formed upon the earlier of

  • when we send you the Dispatch Confirmation, or
  • when we send you the Dispatch Confirmation, or

The parties to the Contract are you and BINOM GROUP LP.

3. The Contract will relate only to those Products in respect of which we have confirmed dispatch in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Our status

We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. If you would like information about your legal rights you should contact your legal adviser. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third-party seller.

14-day cooling-off period / right to return

1. If you are a consumer you have a statutory right to cancel the Contract and return your Product(s) for any reason within 14 days from delivery of the Product(s). Details of this statutory right and your right to cancel are provided in the Delivery Confirmation and in our Returns Policy.

2. It is your responsibility and a legal obligation to take reasonable care of the Product(s) while they are in your possession. The Product(s) must be returned in a reasonable condition along with any packaging, manuals, accessories, free items and any other components. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy. If you fail to comply with this obligation, we may have a right of action against you for compensation.

3. To cancel the Contract, you may contact us via our website, by email, or by printing out and sending us a completed model cancellation form. You will then be informed of details regarding the collection of the Product(s) from you.

If your product is defective, please see the Returns Policy section below.

Availability and delivery

1. We can deliver the Product(s) anywhere all over the world.

2. We will deliver the Product(s) to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for them. If you have not received the Product(s) within the estimated delivery time specified in the Dispatch Confirmation you should contact us via our website or by email.

3. Delivery of the Products does not normally include installation unless we expressly specify otherwise for a Product on our website.

4. Delivery timescales in relation to pre-order items are estimated and may be subject to change as a result of manufacturing delays. Any delay to your delivery of pre-ordered products will be communicated to you in advance.

Risk and title

1. The Product(s) will be your responsibility from the time of delivery. Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) is destined. We will not be liable or responsible if you break any such law. We sell the Product(s) "as described".

2. Ownership of the Product(s) will only pass to you on the later of either:

  • delivery or
  • when we receive full payment of all sums due in respect of the Product(s), including delivery charges.

3. By signing for your order, it is an acknowledgement of acceptance of the items.

Price and payment

1. The price of the Product(s) will be as quoted on our website from time to time, except in cases of obvious error. The price quoted on our website for Product(s) excludes delivery charges which are quoted separately on our website.

2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

3. Despite our best efforts, occasionally Products in our website may be incorrectly priced. If we discover a pricing error, or there is a change in price before dispatch, we will contact you to reconfirm your order at the correct price. If we are unable to contact you within a reasonable time, we may cancel your order and notify you of such cancellation.

4. We accept payment by Visa Debit, Visa Credit, Mastercard, American Express, Maestro and PayPal. A payment by credit or debit card will only be charged at or shortly after the time you place your order.

5. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.

Returns Policy

1. If you wish to return a Product to us you may contact us via our website, by email, or by printing out and sending us a completed model cancellation form. We will then inform you of the arrangements to return the Product to us.

2. If you are returning a Product to us:

  • because you have cancelled the Contract between us within the 14-day period (see above), we will process the refund due to you as soon as possible after collection of the Product from you and, in any case, within 14 days of the day you gave us notice to cancel. Where you are entitled to a refund, we will refund the price of the Product in full.
  • for any other reason, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time and, usually within 7 working days of when we receive the Product from you. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund.

3. Subject to the terms below, if you believe that a Product you have ordered from us is defective, you should contact us via our website or by email. We will advise you of the appropriate steps to take. If you notify us within 30 days of delivery of the Product that the Product is defective, you will have the option to select a repair, an exchange or a refund. If a fault is found after 30 days from delivery of the Product, you should contact us by email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will at our discretion either repair or replace the Product and deliver the repaired or replacement Product to you, or provide a refund.

4. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in 'as new' condition and if possible, with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been damaged.

5. We will usually make any refunds using the same method originally used by you to pay for your purchase.

6. We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.

7. This Returns Policy does not affect your statutory rights.

Product warranties

In addition to your rights under the Contract and your statutory rights, BINOM GROUP LP products also come with a manufacturer’s warranty. Details of the manufacturer’s warranty can be found with the documentation that comes with your product. Registration may be required to benefit from the warranty or any extended warranty.

Transfer of rights and obligations

1. The Contract between you and us is binding on you and us and on our respective successors and assignees.

2. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

3. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Our liability

1. Nothing in these terms and conditions excludes or limits our liability for:

  • fraud or fraudulent misrepresentation;
  • any breach of the obligations implied by the Consumer Rights Act 2015, section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  • our obligations in respect of defective products under the Consumer Protection Act 1987;
  • any deliberate breaches by us of these terms and conditions that would entitle you to terminate the Contract; or
  • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

2. Subject to the provisions 1(a) to 1(f) of this section above and 3(a) to 3(g) of this section below, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.

3. Subject to 1(a) to 1(f) of this section above, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

  • loss of income or revenue;
  • aloss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data;
  • waste of management or office time or
  • indirect, consequential or special loss or damage.

Faulty Products

If your item develops a fault within 30 days of receipt, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. to advise us of the fault. We will then provide you with a full refund or where stock of the same type and grade is available, offer to exchange the item for the same model subject to the fault was not a result of improper use of the product or physical damage.

If your item develops a fault within the 12 Month warranty period, we will offer a repair upon receipt of the item. You are responsible (including costs) for the transport of your item.

Our warranty repair service excludes cosmetic/accidental damage and customer misuse. In the event of an item being returned to us for these reasons we will contact you and provide you an estimate for repairing.

Written communications

  • Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  • All formal notices given by you to us must be given in writing to BINOM GROUP LP (Suite 3060 15 Bell Street, St Andrews, Fife, Scotland, KY16 9UR). We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in “Written Communications” above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks
  • the acts, decrees, legislation, regulations or restrictions of any government; and
  • pandemic or epidemic.

3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

2. A waiver by us of any default will not constitute a waiver of any subsequent default.

3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with “Notices” above.

Severability

If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Our right to vary these terms and conditions

1. We have the right to revise and amend these terms and conditions from time to time by posting them on our website.

2. You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s).

Our website

1. We own or are licensed users of all intellectual property rights in our website and all material and content on our website. You may use this site and the materials and content on our website for personal, non-commercial use only. All other use or reproduction of our website or materials or content on our website is strictly prohibited.

2. Our website is provided on an “as is” and “as available” basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our website. We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free or that our website or the server that makes it available are free of viruses or bugs.

3. While we endeavour to ensure that our website is normally available 24 hours a day, we will not be liable if for any reason our website is unavailable at any time or for any period. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.

Data protection and privacy

Your data protection and privacy rights are set out in our Privacy Policy.

Third party rights

A person who is not party to these terms and conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Applicable law

Any Contracts formed between you and us for the purchase of Product(s) via our website will be deemed to have been made in the UK and shall be governed and construed according to English law. Any dispute, claim or proceeding arising out of or in connection with the Contracts or their subject matter or formation (including non-contractual disputes or claims) also will be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.

Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of the Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

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