PC, Laptop & Mobile Phone Repair Shop Edinburgh
Telephone 0131 209 7984 | info@yoursmartfix.co.uk

Terms & Conditions

This page (together with our Privacy Policy, and our Website Terms of Use) tells you information about us and the legal Terms and conditions (Terms) on which we provide services to you.

These Terms will apply to any contract between us for the provision of services by us to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any services from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any services from us.

You should retain a copy of these Terms, if necessary, by printing them (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to place an order for services, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated in August 2019

These Terms, and any Contract between us, are only in the English language.

  1. DEFINITIONS
    1. When the following words with capital letters are used in these Terms, this is what they will mean:
      1. (a) Home Support Repair Services: a contract for repair services of your device(s) at a location of your choice between you and SmartFix;
      2. (b) Event Outside Our Control: means any act or event beyond SmartFix reasonable control;
      3. (c) SmartFix/We/Our/Us: YourSmartFix.co.uk Limited, a company registered in Scotland whose registered office is at 87 Slateford Road, Edinburgh, EH11 1QR.
      4. (d) SmartFix an approved independent repair specialist engaged by you for Home Support or Deliver / Collect Repair Services;
      5. (e) Our Site: www.yourSmartFix.co.uk
      6. (f) Repair Services: any services that SmartFix is providing to you from time to time;
      7. (g) Terms: the Terms and conditions set out in this document; and
    2. When SmartFix uses the words “writing” or “written” in these Terms, this will include e-mail unless SmartFix says otherwise.
  2. INFORMATION ABOUT SMARTFIX AND HOW TO CONTACT SMARTFIX
    1. We are a company registered in Scotland. Our company registration number is 622233 and our registered office is at 87 Slateford Road, Edinburgh, EH11 1QR.. Our registered VAT number is XXXXXXX.
    2. If you have any questions or if you have any complaints, please contact SmartFix. You can contact SmartFix by telephoning the SmartFix customer service team at 0131 209 7984 or by e-mailing SmartFix at info@yourSmartFix.co.uk
    3. If you wish to contact SmartFix in writing, or if any clause in these Terms requires you to give SmartFix notice in writing (for example, to cancel the contract for services which SmartFix has started to provide), you can send this to SmartFix by e-mail, by hand, or by pre-paid post to SmartFix at 87 Slateford Road, Edinburgh, EH11 1QR., or by e-mail at info@yourdSmartFix.co.uk. SmartFix will confirm receipt of this by contacting you in writing. If SmartFix has to contact you or give you notice in writing, SmartFix will do so by e-mail, by hand, or by pre-paid post to the address you provide to SmartFix in that Order.
  3. USE OF OUR SITE
    1. Your use of our site is governed by our website Terms of Use. Please take the time to read these, as they include important Terms which apply to you.
  4. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. SmartFix will use the personal information you provide to:
      1. (a) provide the Repair Services;
      2. (b) enable a Technician to contact you and provide the Call-Out Repair Services to you where you require Call-Out Repair Services;
      3. (c) process your payment where you are required to pay SmartFix; and
      4. (d) Inform you about similar products or services that SmartFix provides, but you may stop receiving these at any time by contacting SmartFix.
    2. SmartFix will only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important Terms which apply to you.
  5. REPAIR SERVICES
    1. These are the Terms and conditions on which SmartFix supply Repair Services to you.
    2. If you are a consumer, you may only purchase Repair Services from SmartFix if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase Repair Services from SmartFix.
    3. Where you wish to place an order for Repair Services through our site:-
      1. (a) Our site will guide you through the steps you need to take to place an order for Repair Services. SmartFix’s order process allows you to check and amend any errors before submitting your order to SmartFix. Please take the time to read and check your order before you submit it to SmartFix;
      2. (b) After you place an order, your order will be deemed to have been accepted when SmartFix issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and SmartFix.
    4. If you wish to place an order with SmartFix by telephone, email or in person, you agree that your order constitutes an offer by you to purchase the Repair Services in accordance with these Terms. SmartFix‘s acceptance of your order will take place when SmartFix issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and SmartFix.
    5. Any quotation given by SmartFix shall not constitute an offer by SmartFix to provide Repair Services.
    6. If you are not a consumer, you agree that these Terms apply to the contract between you and SmartFix to the exclusion of any other Terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  6. CALL-OUT REPAIR SERVICES – A CONTRACT BETWEEN YOU AND THE RELEVANT TECHNICIAN
    1. Where you require Call-Out Repair Services, please note that:
      1. (a) SmartFix has a range of SmartFix repair technicians, referred to in these Terms as “Technicians”;
      2. (b) each Technician within SmartFix has been background checked by SmartFix and has undergone technical assessments to ensure that the Technician has the right skills to conduct the Call-Out Repair Services to a high standard;
      3. (c) SmartFix provides a means to enable customers who seek Call-Out Repair Services to be matched to a Technician with the relevant skillset for the Call-Out Repair Service.
      4. (d) The contract for the provision of Call-Out Repair Services will be between you and SmartFix on the basis of these Terms; and
      5. (e) The price quoted to you for the Call-Out Repair Services in respect of each device is an indicative non-binding quote issued by SmartFix (on behalf of the Technician) based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device. The Technician will verify your device(s) on arrival. If there is any change to the indicative price quoted to you (for example, because the information you have provided to SmartFix about the defect/fault in your device(s) is incorrect; and/or if the Technician identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but the Technician discovers that the actual repair required is a different repair (for example a new screen); and/or SmartFix has made a mistake in communicating the pricing to you), the Technician will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, the Technician shall not perform the Call-Out Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you relating to the Call-Out Repair Services.
    2. Where you enter into a contract with SmartFix for Call-Out Repair Services, in addition to your rights against SmartFix:
      1. (a) all Call-Out Repair Services will always be covered by the SmartFix warranty at clause 13 of these Terms (subject to the provisions of clause 13); and
      2. (b) You may make any complaints regarding the Technician to us at any time and we shall investigate your complaint.
    3. Where you enter into a contract with SmartFix for Call-Out Repair Services you agree that:
      1. (a) any decision by you to offer or accept repair services for your device(s) once you have been matched with an Technician through SmartFix is a decision made in you sole discretion;

 

    1. If you are a consumer, you may only purchase Call-Out Repair Services if you are at least 18 years old, and will be required to make payment directly to SmartFix
    2. If you are not a consumer, you confirm that: (a) you have authority to bind any business on whose behalf you seek to purchase Call-Out Repair Services; (b) you and shall make payment for the Call-Out Services to SmartFix in accordance with clause 12.6 or 12.7 of these Terms; and (c) these Terms apply to the contract between you and SmartFix to the exclusion of any other Terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
    3. You may cancel an order for Call-Out Repair Services at any time before the Technician commences travelling to your location. If your cancellation takes effect once the Technician has commenced travelling to your location, you will have to pay the Technician a non-refundable call out fee stated on our site.
    4. The provisions of clause 8.1 (Repair Conditions), clause 10.1 (Liquid Damage Repairs), clause 11.1 (Diagnostic Services), clauses 12.1 to 12.3 (No Fix-No Fee Policy), clause 12.8 (VAT), clause 12.9 (Late Payment), clause 13 (Warranty), clause 14 (Parts), clause 15 (Limitation of Liability), clause 16 (Events beyond our control), and clause 18 (other important Terms) shall apply in like Terms to the Call-Out Repair Services and the contract between you and SmartFix.
  1. CHANGES TO ORDER OR TERMS
    1. SmartFix amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
    2. Every time you order Repair Services from SmartFix, the Terms in force at the time of your order will apply to the contract between you and SmartFix. Every time you order Call-Out Repair Services, the Terms in force at the time of your order will apply to the contract between you and the SmartFix.
    3. SmartFix may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
    4. You may make a change to the order for Repair Services at any time before the start date for the Repair Services by contacting SmartFix. Where this means a change in the total price of the Repair Services, SmartFix will notify you of the amended price in writing. You can choose to cancel the order in accordance with clause 17.1 in these circumstances.
  2. REPAIR CONDITIONS
    1. By placing an order, you:
      1. (a) authorise and consent to SmartFix to perform the Repair Services on your device(s);
      2. (b) acknowledge that whilst SmartFix’s technicians are trained repair specialists, SmartFix is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
      3. (c) agree to release, indemnify, and hold SmartFix and its Technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by SmartFix’s negligence;
      4. (d) agree that where the Repair Services relate (in any way) to liquid damage on your device(s), the warranty in clause 13 does not apply to any liquid damaged device(s);
      5. (e) agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and SmartFix accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and SmartFix therefore highly recommends that you back up your device(s) prior to allowing SmartFix to work on your device(s);
      6. (f) agree that you are responsible for removing any SIM and/or memory cards on your device(s) and SmartFix shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
      7. (g) acknowledge that any Repair Services rendered by SmartFix may void manufacturer warranties for your device(s), and that SmartFix does not assume any liability or warranty if the manufacturer warranties are voided. If you do not wish to void your warranty, you should not place on order with SmartFix and take your device(s) to the relevant manufacturer;
      8. (h) agree that it is your responsibility to inform SmartFix accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). SmartFix will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which SmartFix will advise you of before proceeding;
      9. (i) where the Repair Services involve the repair of water proof devices, SmartFix cannot guarantee the device(s) will remain water proof following completion of the Repair Services.
  3. TIMING, POSTING YOUR DEVICE(S) AND RETURN OF YOUR DEVICE(S)

Timing

    1. Whilst SmartFix aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with SmartFix. In any event, all times for performance of the Repair Services are approximate only, and SmartFix will not be liable for any compensation as a result of late delivery of the Repair Services.

Delivery to you of your device(s)

    1. Any device(s) shipped or delivered to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, unrepaired or with further faults you must inform SmartFix in writing within 3 days of receipt. If you do not inform SmartFix within 3 days or receipt, SmartFix shall have no liability if your device(s) is/are damaged/faulty on arrival. This does not affect your statutory rights, or any other rights.

Delivery of your device(s) to SmartFix

    1. The following provisions apply in relation to delivering your device(s) to SmartFix:
      1. (a) please remove all sim and memory cards from your device(s) before sending your device(s) to SmartFix for repair; and
      2. (b) the careful delivery of your device(s) to SmartFix is your responsibility. If the device(s) arrive with SmartFix with further damage, you shall bear full responsibility for that risk of loss. When delivering your device(s) if you choose to include separate parts you are sending these at your own risk and SmartFix will not be held responsible if these parts go missing before your package is delivered to SmartFix. Please ensure the parts are well sealed and wrapped so nothing goes missing.
  1. LIQUID DAMAGE REPAIRS
    1. Where any part of the Repair Services include liquid damage repairs it is agreed that:
      1. (a) whilst SmartFix will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, SmartFix shall have no liability for failing to repaid any liquid damaged device;
      2. ((b) the warranty in clause 13 shall not apply to any liquid damaged device; and
      3. (c) SmartFix’s no fix-no fee policy (set out in clause 12.1 below) shall not apply.

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  1. DIAGNOSTIC SERVICES
    1. Where any part of the Repair Services include SmartFix’s diagnostic services it is agreed that:
      1. (a) the charges for the diagnostic services are payable regardless of the outcome.
      2. (b) where SmartFix diagnoses the fault with your device(s), SmartFix will advise you of the cost to repair your device(s). If you wish to proceed with the repair of such device(s), a new contract will come into existence between you and SmartFix on the basis of these Terms provided that SmartFix agrees to deduct the diagnostic fee paid by you from the cost of the Repair Services; and
      3. (c) where SmartFix considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to SmartFix for carrying out the diagnostic services.
  2. NO FIX-NO FEE, AND PRICE AND PAYMENT

No Fix-No Fee

    1. Subject to clause 12.2, SmartFix operates a “no fix-no fee” policy towards the repair of your device(s) which means that if SmartFix does not repair a device, then you do not pay a charge in relation to the device that has not been repaired. SmartFix will have no liability to you if it unable to repair your device(s), as SmartFix cannot guarantee that your device(s) are capable of repair.
    2. SmartFix’s “no fix-no fee” policy does not apply:
      1. (a) where the Repair Services include SmartFix’s diagnostic services; or
      2. (b) where the Repair Services include liquid damage repairs; or
      3. (c) to any element of the Repair Services which have been completed. For example, if your device requires a screen replacement (completed successfully) and fixing the power button (not completed), the “no fix-no fee” policy would apply to the costs of repairing the power button, but you would still be required to pay for the screen repaired.
    3. Where SmartFix’s “no fix-no fee” policy applies, SmartFix shall refund any sum previously paid by you to SmartFix.

Price and Payment

    1. The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by SmartFix based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.
    2. On receipt of your device(s), SmartFix will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to SmartFix about the defect/fault in your device(s) is incorrect; and/or if SmartFix identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but SmartFix discovers that the actual repair required is a different repair (for example a new screen); and/or SmartFix made a mistake in its pricing), SmartFix will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, SmartFix shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to SmartFix relating to the Repair Services. Where you do not have a credit account with with sufficient credit, SmartFix will ask you to make an advance payment of 100% of the price of the relevant services. Your rights to a refund or cancellation are set out in clause 17 and you must pay each invoice in cleared funds using any method specified on our site.
    3. Where you have a credit account with SmartFix with sufficient credit available, you must pay each invoice rendered by SmartFix within 7 days of the date of the invoice in cleared funds without any reduction, deduction or set-off.
    4. If you are a consumer, all of SmartFix’s prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.
    5. If you do not make any payment due to SmartFix by the due date for payment, SmartFix may:
      1. (a) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay SmartFix interest together with any overdue amount; and/or
      2. (b) retain your device(s) and charge an additional fee (being the charges set out on our site) for storage of your device(s) until all payments due have been paid in full.
  1. WARRANTY AND IF THERE IS A PROBLEM WITH THE SERVICES
    1. Except as provided by this Clause 13, SmartFix’s Repair Services are backed by a 12 month parts and 90 day labour warranty. This warranty does not apply to diagnostic services or liquid damage repairs.

Scope of Warranty

    1. Please note that that the warranty in clause 13.1 is limited to:
      1. (a) screen/LCD and any other repaired or replaced parts that malfunction, or do not work as intended or designed; and/or
      2. (b) the parts and/or services that were paid for by you to SmartFix. If only parts were purchased, this warranty is limited to the replacement of the parts in accordance with clause 14. If parts and repair services were purchased from SmartFix, the warranty extends to cover the labour cost of part replacement and any other repairs specifically resulting from the initial repair, except in the situations outlined below.
      3. (c) 12 months from the date of the original repair. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done 3 months after the original repair the warranty would still end 12 months after the date of the original repair.

What the warranty does not protect against

    1. The warranty in clause 13.1 does not protect against any of the following relating any relevant device which is the subject of the Repair Services:
      1. (a) any mishandling that causes subsequent damage to the relevant device(s);
      2. (b) water or other liquid damage;
      3. (c) damage or faults resulting from attempted customer or third party repairs at any time;
      4. (d) software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;
      5. (e) any jailbroken or “rooted” device;
      6. (f) water proof devices, as SmartFix cannot guarantee the device(s) will remain water proof following the Repair Services;
      7. (g) new damages unrelated to the original Repair Services; and/or
      8. (h) any loss of data occurring as a result of the repair – customers are advised to back up all data on the device(s) to be repaired prior to the repair. SmartFix does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and SmartFix is not required to advise or remind customers of appropriate backup and other procedures.
    2. The warranty in clause 13.1 does not cover the outcome of the Repair Services if certain pre-repair conditions exist in relation to the relevant device the subject of the Repair Services, including:
      1. (a) existence of known manufacturing and/or performance issues related to the device(s) which is separate from the Repair Services, as noted prior to the Repair Services;
      2. (b) water or other liquid damage;
      3. (c) any jailbroken or “rooted” device(s);
      4. (d) pre-existing damage or faults resulting from attempted customer or third party repairs at any time;

Non-Transferable warranty

    1. The warranty in clause 13.1 is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices is sold or given to another person.

Damage caused by SmartFix

    1. If any relevant device is irreparably damaged as a direct result of a repair attempted by SmartFix and payment has been rendered by you, you are entitled to a fully functional refurbished device of equal or greater value of the damaged device based on its model and condition as received and with the original repair issue resolved, or the monetary equivalent of fair market value of the device in that condition as determined by SmartFix. If payment was not rendered for the Repair Services, the repair price shall be deducted from the value of the relevant device, or a refurbished device of the same damaged condition as received shall be offered. In order to receive a replacement device, the relevant damaged device must be rendered to SmartFix.
    2. In the unlikely event that there is any defect with the Repair Services which is covered by the warranty in clause 13.1:
      1. (a) please contact SmartFix and tell SmartFix as soon as reasonably possible after becoming aware of any defect;
      2. (b) please give SmartFix a reasonable opportunity to repair or fix any defect; and
      3. (c) SmartFix will use every effort to repair or fix the defect within 5 working days.

You will not have to pay for SmartFix to repair or fix a defect with the Repair Services under this clause 13.7.

    1. If you are a consumer, you have legal rights in relation to Repair Services not carried out with reasonable skill and care, or if the materials SmartFix uses are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  1. PARTS WARRANTY
    1. As part of the Repair Services provided to you, iMend may provide you with replacement parts (“Parts“) and accessories (“Accessories“) supplied by third parties.
    2. SmartFix warrants to you that from the date the Parts or Accessories are provided to you and for a period of 12 months thereafter (“Warranty Period“), each Part and Accessory provided to you as part of the Repair Services will be materially free of manufacturing defects. SmartFix’s sole obligation, and your sole remedy, under this warranty is limited to, at SmartFix’s sole discretion, either repair or replacement of the defective Part or Accessory. This warranty is non-transferable.
    3. SmartFix’s obligations under the warranty in clause 14.1 are conditional on your prompt notification to SmartFix of any warranty claim and complying any warranty procedures provided to you.
    4. The warranty under clause 14.1 specifically excludes:
      1. (a) any Part or Accessory that was altered, repaired, or modified by a party other than SmartFix or without SmartFix’s prior written consent;
      2. (b) any defects, damage or errors that (1) occurred after delivery by SmartFix, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality;
      3. (c) warranty claims by any individual other than you, or warranty claims after the Warranty Period; and
      4. (d) any warranty claim for which SmarFix determines that there is no defect in the returned Part or Accessory.
  2. SMARTFIX’S LIABILITY TO YOU
    1. If SmartFix fails to comply with these Terms, SmartFix is responsible for loss or damage you suffer that is a foreseeable result of SmartFix’s breach of the Terms or SmartFix’s negligence.
    2. To the extent permitted by law, SmartFix shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
    3. You agree that if any device is lost or damaged further than the condition it was released to SmartFix in, SmartFix’s liability to you will be limited to the cost of repair or replacement of the relevant device in its condition at the time of transfer to SmartFix based on current fair market value. SmartFix’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable replacement device.
    4. To the extent permitted by law, SmartFix’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
    5. Nothing in this clause 15 shall apply so as to limit or exclude SmartFix’s liability for: (a) death or personal injury resulting from SmartFix’s negligence; (b) breach of any Terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
    6. SmartFix shall not be liable for any non-warranty related claim arising under this contract unless you give SmartFix written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.
  3. EVENTS OUTSIDE OUR CONTROL
    1. SmartFix will not be liable or responsible for any failure to perform, or delay in performance of, any of SmartFix’s obligations under these Terms that is caused by an Event Outside Our Control.
    2. If an Event Outside Our Control takes place that affects the performance of SmartFix’s obligations under these Terms:
      1. (a) SmartFix will contact you as soon as reasonably possible to notify you; and
      2. (b) SmartFix’s obligations under these Terms will be suspended and the time for performance of SmartFix’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects SmartFix’s performance of Repair Services to you, SmartFix will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.
  4. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
    1. Before SmartFix begins to provide the Repair Services, you have the following rights to cancel an Order for Repair Services, including where you choose to cancel because iMend is affected by an Event Outside Our Control or if SmartFix changes these Terms under clause 7 to your material disadvantage:
      1. (a) you may cancel you Order at any time before SmartFix has started the Repair Services by contacting SmartFix. SmartFix will confirm your cancellation in writing to you; and
      2. (b) you cannot cancel your Order once SmartFix has started the Repair Services;
      3. (c) if you cancel an Order under clause 17.1 (a) (i) and you have made any payment in advance for Repair Services that have not been provided to you, SmartFix will refund these amounts less the postage cost incurred by SmartFix to return the device(s) to you.
    2. Where you have cancelled an Order because of SmartFix’s failure to comply with these Terms (except where SmartFix has been affected by an Event Outside SmartFix’s Control in which case clause 17.1 shall apply), you do not have to make any payment to SmartFix.
  5. OTHER IMPORTANT TERMS
    1. SmartFix may transfer SmartFix’s rights and obligations under these Terms to another organisation, and SmartFix will always notify you in writing if this happens (except where SmartFix uses a sub-contractor to perform the Repair Services), but this will not affect your rights or SmartFix’s obligations under these Terms.
    2. You may only transfer your rights or your obligations under these Terms to another person if SmartFix agrees in writing.
    3. This contract is between you and SmartFix. No other person shall have any rights to enforce any of its Terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. If SmartFix fails to insist that you perform any of your obligations under these Terms, or if SmartFix does not enforce SmartFix’s rights against you, or if SmartFix delays in doing so, that will not mean that SmartFix has waived SmartFix’s rights against you and will not mean that you do not have to comply with those obligations. If SmartFix does waive a default by you, SmartFix will only do so in writing, and that will not mean that SmartFix will automatically waive any later default by you.
    6. If you are not a consumer:
      1. (a) these Terms and any document expressly referred to in them constitutes the entire agreement between you and SmartFix and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
      2. (b) you acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
      3. (c) you and SmartFix agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
    7. These Terms are governed by English law. You and SmartFix both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    8. Any devices that are not collected from us after 6 months will be disposed