ScanSKU Terms and Conditions (United Kingdom)

These Terms and Conditions apply to your use of www.scansku.co.uk (the Website) and to the ordering, purchase, fulfilment and delivery of Products from ScanSKU to customers in the United Kingdom.

Please read these Terms and Conditions carefully before placing an Order. They contain important information about ordering, delivery, your right to cancel, warranties, device security and limitations of liability.

Some of these Terms and Conditions apply differently depending on whether you are a consumer (an individual buying wholly or mainly for purposes outside your trade, business, craft or profession) or a business customer. Where a clause applies only to one type of customer, we say so.

---

1. About Us and This Agreement

1.1 In these Terms and Conditions, "we", "our" or "us" means The Trustee for A THAI FAMILY TRUST and The Trustee for AD GURNEY FAMILY TRUST, in partnership (ABN 29 872 944 041), trading as ScanSKU, and "you" or "your" means the person or business that places an Order or otherwise accepts these Terms and Conditions.

1.2 You can contact us by email at contact@scansku.com. We primarily communicate by email, and when we refer to "writing" in these Terms and Conditions, this includes email.

1.3 You accept these Terms and Conditions when you place an Order, including by ticking the acceptance box at checkout, or when you accept a quote or invoice from us that refers to these Terms and Conditions. These Terms and Conditions also apply to your use of the Website.

1.4 These Terms and Conditions, together with your Order, form the entire agreement between you and us for the supply of Products (the Agreement). If you are a business customer, any different or additional terms in your purchase order or other documents do not apply unless we agree to them in writing.

1.5 We may update these Terms and Conditions from time to time. The version published on the Website when you place an Order applies to that Order.

2. Eligibility

You must be at least 18 years old to place an Order. By placing an Order, you confirm that you are at least 18 years old and, if you are ordering on behalf of a business, that you are authorised to bind that business.

3. Website Use

3.1 The Website may contain links to other websites. These links are provided for convenience only and may not remain current. We are not responsible for the content or privacy practices of linked websites.

3.2 You must ensure that your access to and use of the Website complies with all laws that apply to you.

3.3 You are responsible for taking your own precautions to protect your computer systems from viruses, malicious code or other interference when accessing the Website. We are not responsible for any such damage, except to the extent it is caused by our failure to use reasonable care and skill.

4. Pricing, VAT and Import Charges

4.1 Prices are shown in pounds sterling (GBP) and may change without notice. Once we have accepted an Order and a Purchase Contract has been formed under clause 6, the price of the Product will not change except:

a. by agreement between you and us in writing; or b. in accordance with clause 7.4.

4.2 Prices include VAT where we are required to charge it. Delivery charges, if any, are shown at checkout before you place your Order.

4.3 Where an Order is shipped from outside the United Kingdom, import VAT, customs duty or carrier handling fees may be payable on delivery unless we have collected them at checkout. We will tell you at checkout if any such charges may apply to your Order and whether you or we are responsible for paying them.

4.4 If you are a business customer and provide a valid UK VAT number where required, VAT may be accounted for under the reverse charge or import VAT rules instead of being charged by us.

5. Product Specifications

5.1 Features and specifications of Products described or shown on the Website may change without notice. We will not materially change the features or specifications of a Product after we have accepted your Order.

5.2 Weights and dimensions are approximate. Screen sizes are measured diagonally, and screen images on the Website are simulated unless stated otherwise.

5.3 Products are supplied with a UK-compatible charger or plug adapter unless stated otherwise on the Website.

6. Orders

6.1 You may place an Order by following the instructions on the Website. Before you submit your Order, you can check it and correct any input errors. By placing an Order, you make an offer to purchase the Products in your Order.

6.2 A contract for the purchase of the Products (Purchase Contract) is formed when we send an Order confirmation to your email address.

6.3 You are responsible for providing correct contact details and for regularly checking your email.

6.4 We may decline an Order or cancel it at any time before the Products are dispatched, for example because a Product is unavailable or a pricing error has occurred. If we cancel an Order, we will refund all amounts paid for that Order in full and confirm the cancellation and refund by email.

6.5 If you provide an incorrect or incomplete delivery address, we may charge a reasonable fee for each additional delivery attempt.

7. Payment

7.1 Payment can be made through the payment methods offered at checkout, currently PayPal and Stripe.

7.2 Payment is processed when you place your Order.

7.3 If your payment triggers our fraud prevention checks, we may contact you to confirm additional details or cancel the transaction. Your Order will not be fulfilled until it passes these checks. If you do not provide the requested information within 7 days, we will cancel your Order and refund your payment to the original payment method.

7.4 Despite our best efforts, a Product may occasionally be incorrectly priced on the Website. If the correct price is higher than the displayed price, we will contact you before dispatch to ask whether you want to purchase the Product at the correct price or cancel your Order. If the correct price is lower, we will charge the lower price, or refund the difference if you have already paid the higher price.

8. Delivery

8.1 We will deliver Products within the time estimated at checkout. If no time is stated, we will deliver within 30 days after the Purchase Contract is formed.

8.2 Carrier delays, customs processing and other events outside our control may cause delays. If dispatch is delayed by more than one week beyond the estimated date, we will notify you by email. You may cancel your Order and receive a full refund at any time before the Products are dispatched.

8.3 If you authorise delivery without a signature, the Products are treated as delivered once they are left at the delivery address.

8.4 Once Products are dispatched, we will provide you with tracking details.

8.5 Products are your responsibility from the time they are delivered to the address in your Order or collected by you or someone you nominate. If you are a business customer, risk passes to you when the Products are handed to the carrier. Ownership of the Products passes to you when we receive full payment.

9. Your Right to Cancel (Consumers Only)

9.1 If you are a consumer, you have the right to cancel your Purchase Contract within 14 days without giving any reason. The cancellation period ends 14 days after the day you, or a person you nominate (other than the carrier), receive the Products. If your Order is delivered in several parts, the period ends 14 days after you receive the last part.

9.2 To cancel, you must tell us clearly before the cancellation period ends, by emailing contact@scansku.com with your name, address, order number and a statement that you wish to cancel. You may use the model cancellation form below, but you do not have to.

9.3 You must send the Products back to us, or hand them to a person we authorise, without undue delay and in any event within 14 days after the day you tell us you are cancelling. We will give you the return address. You must pay the direct cost of returning the Products.

9.4 We will refund all payments received from you, including the cost of standard delivery (but not any additional cost of a delivery method you chose that was more expensive than our cheapest standard delivery), without undue delay and no later than 14 days after the earlier of the day we receive the Products back or the day you provide evidence that you have returned them. We will use the same payment method you used for the Order unless you expressly agree otherwise.

9.5 You may handle and inspect the Products as you would in a shop. If the value of the Products has been reduced because you handled them in any other way (for example, by extensive use, installing and configuring them for business operations, or causing damage), we may deduct an amount from your refund to reflect that reduction in value.

9.6 The right to cancel does not apply to Products made to your specifications or clearly personalised, or to sealed software that you have unsealed after delivery.

9.7 This clause 9 does not apply to business customers.

Model cancellation form

To: ScanSKU, contact@scansku.com

I hereby give notice that I cancel my contract of sale of the following goods: [product(s)]

Ordered on / received on: [date(s)] Order number: [number] Name: [your name] Address: [your address] Date: [date]

10. Returns and Refunds

10.1 Apart from your rights under clause 9 and clause 11, returns and refunds are handled in accordance with our Returns Policy, available on the Website.

10.2 To arrange a return, please contact us first so we can provide return instructions.

10.3 Products returned for reasons other than a fault should be returned with all accessories and, where possible, in their original packaging. Products returned because they are faulty may be returned without their original packaging.

10.4 We will not charge you for returning faulty Products or Products that were not as described. If you are a consumer, we will reimburse your reasonable return costs in those cases.

11. Your Legal Rights and Our Warranty

11.1 If you are a consumer, we are under a legal duty to supply Products that are in conformity with the Purchase Contract. Nothing in these Terms and Conditions affects your legal rights. In summary, under the Consumer Rights Act 2015, Products must be as described, fit for purpose and of satisfactory quality. During the expected life of a Product, your legal rights entitle you to the following:

a. up to 30 days after delivery: if a Product is faulty, you can get an immediate refund; b. up to six months after delivery: if a Product cannot be repaired or replaced, you are entitled to a full refund in most cases; c. up to six years after delivery: if a Product does not last a reasonable length of time, you may be entitled to some money back.

This is only a summary of your key legal rights. For detailed information, please visit the Citizens Advice website at www.citizensadvice.org.uk.

11.2 Our Standard Warranty. In addition to, and without affecting, your legal rights, we warrant that each Product will be free from defects in materials and workmanship under normal use for 12 months from the date of delivery (the Warranty Period). If a Product has a covered defect during the Warranty Period, we will repair or replace it, or refund the purchase price if repair or replacement is not possible. To make a claim, contact us at contact@scansku.com with your order number and a description of the defect.

11.3 Our Standard Warranty does not cover:

a. damage caused by accident, misuse, liquid exposure beyond the Product's stated rating, or use contrary to the product instructions; b. normal wear and tear, including cosmetic damage and gradual battery capacity loss; c. damage caused by unauthorised repair, modification, rooting, unofficial firmware or tampering with security features; or d. problems caused by third-party software, networks or services.

These exclusions apply to our Standard Warranty only and do not limit your legal rights.

11.4 Repairs and servicing outside the Warranty Period are offered at our discretion and may be declined. Paid repairs come with a 90 day warranty covering the parts replaced and the work performed. This repair warranty does not restart or extend the original Warranty Period.

11.5 Extended Warranties are available for some Products, as listed on the Website, and may be purchased up to 14 days after delivery.

11.6 If you are a business customer, we warrant that Products will conform in all material respects with their description and be free from material defects in design, material and workmanship during the Warranty Period. Your sole remedy for breach of this warranty is repair, replacement or refund, at our option. Except as set out in this clause, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

12. Limitation of Liability

12.1 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979, for defective products under the Consumer Protection Act 1987, or for any other liability that cannot be limited or excluded by law.

12.2 If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms and Conditions or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. We supply Products for domestic and private use only if you are a consumer. If you use the Products for any commercial or business purpose, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

12.3 If you are a business customer, and subject to clause 12.1:

a. we are not liable for any loss of profits, revenue, business, contracts, goodwill or data, or for any indirect or consequential loss, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise; and b. our total liability for any claim relating to a Product is limited to the amount you paid for that Product.

13. Device Security

13.1 Products run the Android operating system and allow you to install, configure and operate software. Once a Product is delivered, you are responsible for its configuration, management and security, including which applications are installed, what permissions are granted, which networks it connects to, and who has physical or administrative access to it.

13.2 We do not develop, review, control or endorse third-party applications, services, websites or files that you install or access on a Product, and you install and use them at your own risk. We are not responsible for any malfunction, data loss, security compromise or other loss caused by third-party software, except to the extent caused by our own act or omission.

13.3 You should take reasonable steps to protect Products, including:

a. installing applications only from trusted sources, such as Google Play or a vendor you have verified; b. not enabling developer options, USB debugging or installation from unknown sources, and not rooting or otherwise modifying the operating system, unless you have a specific need and understand the risks; c. using screen locks, strong passwords and, where appropriate, a mobile device management (MDM) solution; d. applying software and security updates when they are made available; e. connecting only to secure networks; and f. acting promptly if you suspect a Product has been compromised, lost or stolen.

13.4 We may, from time to time, make firmware or security updates available for Products, but we do not guarantee that updates will be provided for any particular Product or for any particular period. The availability, timing and content of updates depend largely on third parties, including Google and chipset and component manufacturers, and are outside our control. A Product may stop receiving Android upgrades or security patches, and its exposure to security vulnerabilities may increase after that point. You are responsible for assessing whether a Product remains suitable for your intended use.

13.5 No connected device can be made completely secure. While we take reasonable care in supplying Products, we do not warrant that Products will be free from all vulnerabilities, malware or unauthorised access.

13.6 To report a security vulnerability in a Product, please email contact@scansku.com. We will acknowledge your report and provide status updates.

13.7 Clause 12 (Limitation of Liability) applies to any loss arising from a security incident affecting a Product, including one caused by third-party software, your configuration or network, or a failure to follow clause 13.3. Nothing in this clause 13 affects a consumer's legal rights.

13.8 If you are a business customer, you are responsible for complying with any data protection, security or industry requirements that apply to your use of the Products, including under the UK GDPR in relation to any personal data processed on them.

14. Battery Safety and Disposal

14.1 Products contain rechargeable lithium-ion or lithium-polymer batteries. We do not manufacture the battery cells, which are made by third-party battery or device manufacturers and supplied as part of the relevant Product or accessory.

14.2 You must use batteries, chargers and charging cables only in accordance with the product instructions, and must not use damaged, swollen, leaking, modified or non-compatible batteries or chargers.

14.3 Products and batteries must not be disposed of with household waste. Please take them to a suitable electrical waste or battery recycling point in accordance with UK waste regulations.

14.4 Nothing in this clause 14 affects a consumer's legal rights, including the right to receive Products of satisfactory quality that are safe.

15. Software Compatibility

15.1 We test our hardware with the software packages listed on the Website, using the software versions available at the time of testing.

15.2 Software providers may update, change or discontinue features at any time. We cannot guarantee ongoing compatibility after such changes, and we are not responsible for issues caused by software changes outside our control.

15.3 We recommend that you confirm compatibility with the software provider and review their release notes before upgrading.

15.4 Our relationships with software providers vary. We have formal partnerships with some providers, informal relationships with others, and in some cases no relationship at all, meaning we have only tested their software and confirmed it worked on our hardware at the time of testing.

16. Regulatory Compliance

16.1 Our Products are supplied in compliance with the UK regulations and standards that apply at the time of sale.

16.2 We cannot anticipate or control future changes to laws, regulations or compliance requirements that may affect the use or functionality of Products. You should stay informed about regulatory changes that may affect your use of the Products and, if you are a business customer, ensure your use complies with laws that apply to your industry. We are not responsible for incompatibilities or limitations arising from such changes, but this does not affect a consumer's legal rights.

16.3 You must comply with all applicable UK export control and sanctions laws and must not export, re-export or transfer Products in breach of those laws.

17. Respectful Conduct

17.1 We are committed to providing professional, courteous and helpful service, and we expect the same respect toward our staff and representatives.

17.2 We do not tolerate abusive, aggressive, harassing or disrespectful behaviour by phone, email, chat or in person, including offensive language, personal insults, threats or repeated unreasonable demands.

17.3 If such behaviour occurs, we may, at our discretion, limit or suspend communication, decline to provide further service or support, or refuse future business. This does not affect your legal rights in relation to Products you have already purchased.

18. Intellectual Property

All intellectual property in the material on the Website belongs to us or our licensors. Unless expressly authorised, you may not reproduce, adapt, modify, display, perform or distribute any of that material.

19. Privacy

We handle your personal data in accordance with our Privacy Policy, available on the Website, and applicable data protection law, including the UK GDPR and the Data Protection Act 2018.

20. Gift Vouchers and Credit Notes

20.1 Gift vouchers are valid for 24 months from the date of purchase, and credit notes are valid for 12 months from the date of issue, unless a different period is stated when they are issued.

20.2 Gift vouchers and credit notes can be redeemed by entering the code in the Gift Card field at checkout. They cannot be exchanged for cash.

20.3 A credit note issued in place of a refund you are legally entitled to does not affect your right to receive that refund in money if you ask for it.

21. Governing Law and Disputes

21.1 If you have a complaint or dispute with us, please contact us first at contact@scansku.com, and we will try to resolve it promptly.

21.2 If you are a consumer, these Terms and Conditions are governed by the laws of Victoria, Australia. However, this does not deprive you of the protection of the mandatory laws of the part of the United Kingdom where you live, and you may bring proceedings in the courts of England and Wales, Scotland or Northern Ireland, depending on where you live.

21.3 If you are a business customer, these Terms and Conditions and any dispute or claim arising from them (including non-contractual disputes or claims) are governed by the laws of Victoria, Australia, and you and we submit to the exclusive jurisdiction of the courts of Victoria, Australia (including federal courts sitting in Victoria).

22. General

22.1 We are not responsible for delays or failures to perform caused by events outside our reasonable control, including natural disasters, pandemics, industrial action, supply shortages, carrier failures or government action. If such an event occurs, we will contact you as soon as possible, and if the delay is likely to be substantial you may cancel your Order and receive a refund for Products you have paid for but not received.

22.2 If any part of these Terms and Conditions is found by a court to be invalid or unenforceable, the remaining parts will continue to apply.

22.3 A failure or delay by us in enforcing any right does not waive that right.

22.4 You may not transfer your rights under these Terms and Conditions without our written consent. We may transfer our rights to another organisation, and if we do so we will tell you in writing and ensure the transfer does not affect your rights.

22.5 This Agreement is between you and us. No other person has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.