Terms and Conditions - Consumers and Businesses
Y3K (Europe) Limited - Terms and Conditions for Consumers and Businesses buying for their own use
These terms and conditions apply to all customers that are buying products from us as a consumer and Businesses buying for their own use. Trade customers are subject to our Trade Customers terms and conditions.
By ordering any of our Products or Services you agree to be bound by these Terms and Conditions.
If you do not agree to be bound by these terms and conditions, you will not be able to order any Products or Services from us.
1. General
1.1 These conditions shall supersede all earlier conditions of Y3K (Europe) Limited.
2. Definitions
2.1 “"Y3K" means Y3K (Europe) Limited, located at Quadrant House, 47 Croydon Road, Caterham, Surrey, CR3 6PB.
2.2 "Price" means the price paid by the Customer for the Product excluding carriage and any credit surcharge. The Price is stated on the Order Confirmation for orders placed online and on the Estimate for orders placed by email, phone or in person.
2.3 "Order Confirmation" means the acknowledgement of the Customer´s order sent to the Customer by Y3K.
2.4 "Shipment Notification" means the email sent to the Customer to confirm their order is accepted and the goods have been despatched.
2.5 "Product" means any goods supplied to the Customer by Y3K.
3. Ordering
3.1 Our website shows prices as both exclusive and inclusive of VAT. We charge VAT on all applicable products.
3.2 After placing an order, Y3K will send an Order Confirmation to you. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a product. All orders are subject to acceptance and we will confirm such acceptance by sending an email to you confirming our acceptance of your order and despatch. The contract between us will be formed when we send the Shipment Notification.
3.3 The contract will relate only to those Products in the Shipment Notification. We cannot be obliged to supply any Products which may have been part of your order but have not yet been confirmed by the Shipment Notification.
3.4 All descriptions, photographs and advertising are solely to provide an idea of the products they describe. While we take every care with our descriptions, errors may occur, and are excepted from the contract if very minor. Images are for illustrative purposes only.
3.5 While we try and ensure all prices on our website, catalogues, price lists and other marketing material is accurate, errors may very occasionally occur. If we do discover an error in the price of a Product ordered before despatch we will inform you as soon as possible and give the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled under this clause and you have already paid for the Product, you will receive a full refund.
3.6 If the pricing error is obvious and could have reasonably been recognised as a mis-pricing, we will be under no obligation to provide the Product even after despatch.
4. Payment
4.1 Payment can be made by credit or debit card, bank transfer, cash, PayPal, Amazon Pay, Apple Pay, Google Pay, finance or cheque. We cannot despatch any Products until we have cleared funds. Please note that cheques take 7 working days to clear and Bank Transfers cannot be acknowledged as received for up to 3 working days.
4.2 If you are using PayPal as your payment method we reserve the right not to ship to unconfirmed addresses.
4.3 If payment is made by credit or debit card, we reserve the right to make delivery to the statement address of the cardholder.
5. Consumer Rights
5.1 You may cancel your purchase at any time within 14 days of receipt and we will give you a refund in accordance with our Consumer Returns Policy. Some items are not covered by this clause; please refer to our Consumer Returns Policy for further details. You must inform Y3K by raising a ticket at support.y3k.com. We will then provide you with an RMA document which must be signed and returned to us before or with your products. Once you have received your RMA document you must immediately return your products in the same condition you received them, at your own cost and risk. We recommend you follow our packaging guidelines as stipulated in the RMA and return via recorded delivery as we cannot be liable for goods damaged or lost in transit to us.
5.2 Products that are sealed for health protection or hygiene reasons (such as Face Masks and Medical Products) cannot be returned for refund once they have been opened, unless they are faulty, and within 30 days of purchase.
5.3 If a Product is faulty or delivered in error then please refer to our "Returns Policy - Consumers & Business Customers" and clause 6 below.
5.4 If you wish to return Products not covered by clauses 5.1, 5.2 or 5.3 above then such Products will be accepted at the discretion of Y3K.
6. Delivery
6.1 Any delivery date stated is a warranty by Y3K to use reasonable endeavours to effect delivery by that date. No liability will be accepted by Y3K for failure to meet a stated delivery date. If a product is delivered to you in error and is not what you ordered, then you must contact us to arrange for collection, and for the correct product to be delivered (if applicable).
6.2 Products supplied by Y3K are delivered at the risk of Y3K. Products supplied by Y3K are delivered at the risk of Y3K. Risk in the product passes to you when the Products are signed for at the delivery address stated in your order. We accept no responsibility for damage to or loss of the products after the risk passes.
6.3 It is your responsibility to check the Products upon delivery. Upon receipt of your order you will be asked to sign for the Products confirming receipt in good condition. If the Products do 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 may affect any warranty or other claims that you make thereafter.
6.4 Customers must make a claim for damage or loss of the goods in writing:
6.4.1 If a Product is damaged, within 72 hours of delivery; and
6.4.2 If a Product has been lost or is short, within 72 hours of of delivery.
6.4.3 A claim for loss or damage may not be allowed if the you claim outside the above time limit.
6.5 The quantity of any consignment of Products as recorded by us upon despatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
6.6 Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit note (pro rata if appropriate) against any invoice raised for such Products.
7. Product Warranty
7.1 If within 12 months of being delivered a defect in any Product is discovered which is directly due to faulty goods or workmanship, then Y3K shall at its option repair or replace the Product free of charge for labour and materials. If a Product is found to be faulty within 30 days then you have the option to a refund for the faulty product. If the product cannot be repaired or replaced we will offer you a refund of the original purchase price.
7.2 If the product has a warranty longer than 12 months it will be stated on your Invoice. If after 12 months of being delivered and within the warranty period stated on the Invoice, a defect in any Product is discovered which is directly due to faulty goods or workmanship, then Y3K shall at its option repair or replace the Product free of charge for labour and materials. If the product is no longer available then Y3K at its option replace the product with one of an equivalent or better specification or refund the original purchase price of the product.
7.3 For products that are sealed for health protection or hygiene reasons (such as Face Masks and Medical Products) the Warranty Period provided by us is 90 days.
7.4 For Clearance Products the Warranty Period provided by us is 30 days. The Warranty Period will not apply to any defects in Clearance Products brought to your attention before purchase.
7.5 You should return the Product in its original packaging to Y3K at the address above. Prior authorisation must be obtained for any returns by raising a ticket and requesting an RMA at support.y3k.com.
7.5.1 You must back up all data as we cannot guarantee your data during repairs or testing.
7.6 If any item is returned which is found not to be faulty by our technicians, then a charge will be made for return carriage insurance and administration.
7.7 This clause does not affect your statutory rights.
8. Limitation of Liability
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
8.2 You accept that any Products purchased which are listed as Clearance have a warranty of 90 days unless otherwise stated on the item description.
8.3 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
8.4 This does not include or limit in any way our liability:
8.4.1 for death or personal injury caused by our negligence;
8.4.2 under section 2(3) of the Consumer Protection Act 1987;
8.4.3 for fraud or fraudulent misrepresentation;
8.4.4 for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
8.4.5 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.5 We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
8.5.1 loss of income or revenue;
8.5.2 loss of business;
8.5.3 loss of profits or contracts;
8.5.4 loss of anticipated savings;
8.5.5 loss of data, or
8.5.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 8.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or any other claims for direct financial loss that are not excluded by any of clauses 8.5.1 to 8.5.6 inclusive of this clause 8.5.
9. Uncontrollable Events and Delays
9.1 In case of delays caused by circumstances beyond the control of Y3K or its suppliers, Y3K shall have the right to either suspend delivery or to cancel the contract without liability.
9.2 Examples of Uncontrollable Events are (by way of example and not limited to) natural disasters, flood, strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
10. Import duty
10.1 If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
11. Customers Obligations
11.1 You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
11.2 Images are for illustration purposes only.
11.3 Specifications are correct as per manufacturer information.
11.4 You must provide reasonable courtesy information and co-operation to Y3K.
12. Entire Agreement
12.1 We will rely on these terms and conditions and any documents referred to in them in relation to any contract between us.
12.2 Please make sure any variations to these are confirmed in writing by a director.
13. Marketing Emails
13.1 "Marketing Emails" refers to any promotional email communication. The information transmitted in these emails is intended only for the person(s) or entity to which it is addressed and may contain proprietary, confidential and/or privileged material. If you have received an email in error, please contact the sender. Although the emails and any attachments are believed to be free of any virus, it is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from the receipt or use thereof. Errors and omissions are excepted. Images are used for illustrative purposes only. Prices valid for the indicated time period only.
14. Miscellaneous
14.1 If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected
14.2 Contracts for the purchase of Products and any dispute or claim arising therefrom are subject to the jurisdiction of the courts of England and Wales.
15. Variation of Terms and Conditions
15.1 From time to time we may need to update these terms and conditions to reflect changes in legislation, the marketplace or company policy. The contract will be subject to those terms and conditions in force at the time of the formation of the contact – ie on the date of the Shipment Notification.
