DISCLAIMER
Some items depicted in this WEB site are designed for legitimate law
enforcement surveillance purposes only.
Different countries have different laws regarding covert surveillance
equipment and its subsequent use. Before using any of the products shown
here, the user should satisfy themselves and the authorities that they are
not in breach of any laws relating to the use of such devices.
WARNING
When in doubt as to the legitimate use within the UK - of items
offered for sale in this WEB site - you must refrain from ordering such
items.
gsmSpy.com does not accept responsibility for the illegal use of such
devices nor is it soliciting their sale.
LEGAL ENTITY
For the purpose of this Legal Notice, the legal entity is Procad
Systems (UK) Ltd. who is the legal owner of the gsmSpy.com domain and
is operating gsmSpy.com as a trading name of Procad Systems (UK) Ltd.
This Legal Notice must be read in conjunction to the section 'Notices &
Disclaimer' which appears in the section marked
'NOTICES' in this Internet site.
Conditions of Trading
1. Definitions
1.1 The 'Buyer' means the person who buys or agrees to buy Goods from the
Seller.
1.2 The 'Seller' means egsmSpy.com.
1.3 'Conditions' means the Conditions of Sale set out in this document and
any Special Conditions agreed in writing by the Seller.
2. Conditions
2.1 These Conditions shall apply to all Contracts for the sale of
Goods by the Seller to the Buyer to the exclusion of all other Terms and
Conditions including any which the Buyer may purport to apply under any
purchase order, confirmation of order or similar document.
2.2 No variation or addition to these Conditions shall be effective unless
signed in writing by the Seller.
2.3 No Contract for the sale of Goods shall arise until the Seller
dispatches the Goods to the Buyer.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of
the Buyer's acceptance of these Conditions.
2.5 Nothing in these Conditions shall affect the statutory rights of any
consumer.
3. Prices
3.1 The Price shall be that on the Seller's current list price.
3.2 The Seller reserves the right to revise prices.
3.3 All Prices are exclusive of VAT and charges for packing, postage and
carriage (plus VAT) shall be paid in addition where applicable.
3.4 In the case of all sales, payment must be made in full before dispatch
of any Goods.
4. Warranty and Liability
4.1 The Seller warrants that the Goods will at the time of delivery
correspond to the description given by the Seller. Except where the Buyer
is dealing as a consumer (as defined in the Contract Terms Act 1977,
Section 12) all other warranties, conditions or terms relating to the
fitness for purpose, merchantability or condition of the Goods, whether
implied by Stature, Common Law or otherwise are excluded and the Buyer
warrants that the Buyer is satisfied as to the suitability of the Goods
for the Buyer's purpose.
5. Delivery
5.1 Whilst every reasonable effort shall be made to keep to any
delivery date, time of delivery shall not be of the essence and the Seller
shall not be liable for any losses, costs, damages or expenses incurred by
the Buyer or any other person or Company arising directly or indirectly
out of the failure to meet any estimated delivery date.
5.2 Delivery of the Goods shall be made to the Buyer's address and the
Buyer shall make all arrangements necessary to take delivery of the goods
whenever they are tendered for delivery.
6. Ownership and Risk
6.1 The risk in Goods shall pass to the Buyer upon delivery of the
Goods.
6.2 The Seller remains the owner of the Goods affected by the Contract
until the Seller has paid in full for such Goods.
6.3 If any payment due under these Conditions is overdue in whole or in
part, the Seller may without prejudice to any of its other rights recover
and/or re-sell the Goods or any of them and may enter on the Buyer's
premises by its servants or agents to recover the Goods and the Buyer
shall be liable for the Seller's costs of so doing.
6.4 If the Buyer is a consumer and properly rejects any of the goods which
are not in accordance with the Contract, the Buyer shall nonetheless pay
the full price for such Goods unless the Buyer promptly gives notice of
rejection to the Seller and at the Buyer's costs return such Goods to the
Seller in good condition.
6.5 In the case of any other sale the Buyer shall inspect the Goods
immediately upon delivery and shall notify the Seller within five days of
delivery if the Goods are damaged or do not comply with the Contract. If
the Buyer fails to do this, he is deemed to have accepted the Goods.
6.6 Any Goods in respect of which any claim of defect or damage is made
shall be preserved by the Buyer intact together with the original packing
at the Buyer's risk and either
(a) retained by the Buyer for a reasonable period to enable the Seller or
its agent to inspect or collect the Goods or
(b) at the Seller's option returned by the Buyer to the Seller who will
refund the cost of postage and packing to the Buyer if the Goods are in
fact defective
7. Cancellation Returns
7.1 No Contract shall be cancelled nor shall any Goods which are in
accordance with the Contract be returned without the prior written
approval of the Seller and on terms to be determined at the absolute
discretion of the Seller.
7.2 Unless the Seller at its discretion decides otherwise, if the Seller
agrees to accept the return of any such Goods then,
(a) a Goods Return No. obtained from the Seller must be clearly shown on
the returned parcels
(b) the Buyer will be liable for the cost of remedying any damage to the
Goods returned where such damage has, in the opinion of the Seller, been
caused by the Goods being inadequately packaged by the Buyer or through
the Buyer's fault
(c) the Seller shall not to accept Goods which are returned if they were ordered in error or are no
longer required
8. Force Majeure
8.1 The Seller will not be under any liability whatsoever in the event
that the Seller is prevented or delayed from supplying or making delivery
of any Goods by any reason or cause beyond the Seller's control.
9. No Waiver
9.1 The Seller's failure to insist upon strict performance of any
provisions of these Conditions shall not be deemed to be a waiver of its
rights or remedies in respect of any present or future default of the
Buyer in performance or compliance with any of these conditions.
10. Liability
10.1 Except as may be implied by the law where the Buyer is dealing as
a consumer, in the event of any breach of these Conditions by the Seller
the remedies of the Buyer shall be limited to the damages which shall in
no circumstances exceed the price of the Goods and the Seller shall under
no circumstances be liable for any indirect, incidental or consequential
damages.
11. Dispute
11.1 In the event of dispute between the Buyer and the Seller, should
the Seller in writing require, the Buyer agrees to submit the dispute to
arbitration in accordance with the arbitration Act for the time being in
force as a legally binding alternative to Court action.
These Conditions shall be in accordance with English Law.
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