Terms of service

DISTEX Terms & Conditions

1. Interpretation and Scope

These terms are applicable to the users of the website and any transactions done in the stores operated by DISTEX LTD. The Domain name distex.com, and all subdomains, (hereinafter referred to as "Website" ) is owned by Distex LTD.
Scope - Your use of this website & services in the store 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 or in store, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website and stores for such transactions and/or access. By mere use of the website, you shall be contracting with Distex LTD and these Terms of Use including the policies constitute your binding obligations with Distex.
Part I of the terms apply to both Online and Store orders, whereas Part II and Part III apply to Online and Stores respectively.

1. Definition
2. "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 Distex which compensates the affiliate for transactions resulting from business directed to the Distex by the affiliate.
   2. "Buying" shall mean purchase of any product by a Customer from Distex.
   3. "Cookies" means small text files which our website places on your device to store information about your shopping session and to identify your device.
   4. "Customer" means a person or organisation that buys, sells, or exchanges products with Distex in store or online.
   5. "Exchange" shall mean an act of giving one thing and receiving another in consideration to cash, kind, or donation.
   6. "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;
   7. "Product/s" mean chattels real (movable property) bought, sold, or exchanged between a Customer and Distex, and those products that are sent to Distex for sale but for which transaction has not yet been completed
   8. "Product Description" means that part of the website where the description of the product is provided.
   9. "Selling" shall mean any product sold by a Customer to Distex.
   10. "Store" means Distex store.
   11. "User" means a person who uses or accesses this website and/or is a Customer.
   12. "Users" means the users of the website collectively.
   13. "Website" means the website located at www.distex.co.uk and its subdomains and any subsequent URL which may replace it.

PART - I (General)

1. Product Warranty

3.1 

Distex offers a 6-month warranty on all items with certain exceptions as detailed in clause 3.1.1. This DOES NOT AFFECT YOUR STATUTORY RIGHTS.

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
3.1.2 

Non removable consumable parts - sealed batteries will be covered for the full duration of the warranty.
3.2

Distex bears no responsibility for your loss of data, please ensure that all data is backed up from the device before booking in for warranty or returning the device.
3.3

If the product sold by Distex is found to be faulty or develops a fault within the first 30 days of sale Distex can refund, repair or exchange (Buyers preference) 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, Distex will fully test the device to verify the fault. Distex will repair or replace the product. 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

3.6

All products sent to Distex for refund or return under warranty are made pursuant to a shipment contract. Prior to Distex 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 Distex or an agent approved by Distex.
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 Distex, caused to and/or by the user. 

1. Returns policy

4.1

Returned Products to Distex should contain all items included in the original Product. Our full returns policy can be found at https://distex.co.uk/policies/refund-policy.

1. Description of Products:

All Products are second hand and therefore have varying ages of the product, unless specifically stated and all product descriptions and images are for display purposes only and do not represent the finished Product.
6.1

Images - images are of the actual item (Unless sealed) and we can provide more in-depth photos should you require of the item before purchasing.
6.2

Condition of products - the price will vary depending on the cosmetic condition of the products and its accessories. We break this down into grades:

• Sealed/Unused - A device which has never been used
• Grade A (Like New)- These devices are in excellent condition, they will show very little to no signs of use or wear.
• Grade B (Good)- These devices are in good condition - they may have small dents/scratches/marks from normal use.
• Grade C (Average)- These devices will have heavy signs of use - they may have dents, scratches or scuffs (although fully working and still covered under our warranty
• 5 DISTEX reserves the right to amend prices anytime without prior notice.

1. Buying from Distex

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, DISTEX reserves the right to limit the number of units of any item, sold to any individual customer, at any time.

1. Selling to Distex

8.1

Distex reserves the right to refuse to purchase any Product at their sole discretion.
8.2

Distex reserves the right to limit the number of purchases at their sole discretion.
8.3

Once you sell your products to Distex, the ownership will be transferred to Distex LTD. 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 are valid for two weeks. Distex can pay for the items it bought in cash/bank transfer or store credit. The prices quoted when Distex hasn’t seen the item are an estimate based on your description and can change should this description not be accurate.
8.5

Obligation to wipe data: It is the sole responsibility of the Customer to ensure that any device sold to Distex 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.

1. Registration/Membership

You warrant that:
9.1

The personal information which you are required to provide when you register as a customer is true, accurate, current, and complete in all respects.
9.1.1

You will update your account to reflect any changes to your personal information.
9.1.2

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 buy, sell or exchange products you must become create an account with Distex LTD and in doing so, agree to all our policies.

1. Intellectual Property Rights

10.1 Copyright

All content included on the Distex website or displayed in store, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Distex or its content suppliers and protected by UK and international copyright laws.
10.2 Trademarks

All trademarks as descriptive items remain property of their rightful owners.

1. Limitation of Liability

11.1

While Distex will use reasonable endeavours to verify the accuracy of any information on the website or displayed in the store, Distex makes no warranties, whether express or implied in relation to its accuracy.
11.2

Distex 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

11.3

DISTEX’s 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.

1. 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.

1. Indemnity

You agree to indemnify DISTEX fully from any third party claims arising out of your negligence.

1. Notice

14.1

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.
14.2

The registered company name and address is:
DISTEX LTD, 26 Woodhouse Green, Thurcroft, Rotherham, S66 9AQ.
Company registration number: 08624539.

1. Applicable law and Dispute Resolution

While transacting with Distex, you agree to be bound by the laws of England and Wales.

15.1

These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

15.1

Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales

1. Data Protection

Kindly refer to our Privacy policy at https://distex.co.uk/pages/privacy-policy 

1. Age Restrictions

17.1

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.
17.2

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.
17.3

If you are under 13, you may use the website only with involvement of a parent or guardian.
Distex 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 in the store if not accompanied by a parent or guardian.

1. Force Majeure

Distex 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 of Distex.

PART - II (Online only)

1. Buying, Selling and Exchange of Products

20.1 Buying from Distex

20.1

Any order placed online will be considered as a binding contract, when, the order has been dispatched by Distex unless it has been cancelled by Distex or the Customer. Distex may cancel the order if the product becomes unavailable from stock, or proper payment has not been made by the customer. Distex 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 14 days to return the Product as unwanted. Outside the 14-day period, Distex reserves the right to refuse any refund or exchange for the Products which are not faulty.
20.1.4 

Order Delivery - Distex is only able to deliver orders to the UK billing address mentioned on your bank/credit card account. Distex is not liable for any missed delivery, due to an incorrect or incomplete address entered by you.
20.2

Selling to Distex

20.2.1

Your obligation is to dispatch the products that you are selling to Distex in a timely manner.
20.2.2

All products sent to Distex are made pursuant to a shipment contract. Prior to Distex 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. Should Distex receive only part of your order, Distex will cancel the Products that have not been received and process the products that Distex has received. Distex will not take responsibility for incomplete orders.
20.2.5

The value Distex offers for your products may be reduced upon receipt if you have not accurately described your products to us. Should you not wish to proceed for any reason, Distex will post your item back to you.

1. Delivery

Delivery is deemed to take place when Distex hands over the Product to the Customer.

1. 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.

1. Our Rights

Distex 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.

1. Third party links

Distex shall not be responsible for the contents of any third parties, provided to you by a link on the website or otherwise.

Part III (Stores Only)

1. General

The contract between Distex and you in respect of the Products comes into existence when your order has been accepted by Distex (or vice versa) in accordance with these Terms of Use.

1. Selling to Distex

Title of the Products shall pass to Distex following successful testing and a purchase price having been agreed between Distex and you.