GENERAL
These Terms and Conditions apply to all repair goods and services provided by MyTotalCare (“the Company”), and override any terms and conditions referred to by the Customer whether in negotiations or otherwise.
We, Us, Our means MyTotalCare, a trading name of GBM Digital Technologies Ltd of 16-18 Midland Street, Ardwick, Manchester, M12 6LB.
In these Terms & Conditions “the Goods” means the goods and/or services the subject of the Contract between us and the Customer and “the Customer” means the person firm or company purchasing the Goods. Each delivery of Goods shall be deemed to be a separate contract to which these Terms and Conditions shall apply.
No stipulation, representation or warranty made or attempted to be made at any time by either party to the Contract or by any person on behalf of such party shall vary, modify or counteract these Terms and Conditions. No variation in the Terms and Conditions shall be valid unless made in writing under the hand of a Director of us. In the event that any part or parts of these conditions are held to be invalid such invalidity shall not alter the validity of any other part or parts of the same and each Clause and each sub-clause shall be capable of independent existence.
We will make all reasonable attempts to provide the provision of services except where it is precluded by; adverse weather conditions, industrial disputes (official or not), failure of the public transport system (including the road network) and repair thereto, or any other circumstances making provision of the services impractical.
OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we provide you with an order confirmation via email or otherwise, at which point a contract will come into existence between you and us.
REPAIR AND REPLACEMENT SERVICES
We will repair/service the Customer’s Apple products in the agreed manner for the quotation provided, unless other such charges are agreed with you verbally, or in writing. We will provide repair or replacement services to address defects with the Customer’s Apple product, inline with Apple’s repair terms and conditions.
Data stored on our Customer’s Apple Products is not our responsibility. As a result, we cannot be held responsible for any data loss/corruption that occurs during service. It is the Customer’s responsibility to ensure that data has been backed up before entering their device for service.
Where Apple instruct us to provide you with a replacement Apple Product or component, we are obligated to return the original Apple Product or component to Apple in order to obtain the replacement item. The return of the original Apple Product/component is carried out via courier.
We do not data cleanse products/components before returning them to Apple for processing. It is therefore the Customer’s responsibility to ensure that any personal or sensitive data has been removed from the Apple Product before entering the product for service. We cannot be held responsible for any data loss/corruption that occurs during service.
Where a product is entered in to service, which includes visual modifications made to the product, such as stickers, transfers, etching, engraving, or other customisations, these will not be present on any replacement product/component. We will not be responsible for any loss of modification or customisation to the Customer’s product.
PRIVACY
We will only use your personal data as set out in our privacy policy which can be found here: www.mytotalcare.co.uk/privacy
In order to process your repair we will share your Personal Data with Apple, via their ‘Global Service Exchange’ online repair database, and Fixably. Fixably provide us with a web-based service database, that facilitates Apple device repair management.
Fixably provides automated transactional emails to update Customers on the status of their repair.
We will retain the Customer’s personal data for 6+1 years, including name, address, email address, phone number, details about the Customer’s Apple product, as well as details of the repair required.
CUSTOMERS RESPONSIBILITY
The Customer is responsible for ensuring that their data is backed up prior to entering their product in to service. We are not responsible for any loss, corruption, or recovery of data.
We will contact the Customer once the repair is complete to arrange the collection/return of the product. If the Customer fails to collect the product within seven (7) days of notification of completion, the Customer will be notified that their product will be sent to our head office, located at 16-18 Midland Street, Ardwick, Manchester, M12 6LB for storage, this will become the new collection point for repair.
At ninety (90) days we will notify the Customer that the product has been considered abandoned. We may then dispose of the product, in accordance with the law, or, resell the product to recover the costs of service.
DIAGNOSTIC FEE
In Warranty Repairs: If your repair is covered under warranty then there will be no diagnostic charge. If, when processing your device, we discover that the item issue is not covered under warranty, in that: no fault is found. the fault is caused solely by software, or if the device has been damaged (and therefore not in warranty), you agree to pay our standard standard-rate charge of £50 exc. VAT, to cover handling, logistics, and the service checks carried out during the system diagnosis.
QUOTATIONS AND PRICES
Any quotation by us shall be open for acceptance for 7 days, and, if not accepted within this period, shall be deemed to be withdrawn.
VAT shall be paid by the Customer at the rate prevailing at the date of invoice.
PAYMENT AND ADDITIONAL CHARGES
Payments can be made at our business address, online or via the telephone. Payment of a diagnostic fee (where applicable) is due before diagnostics are carried out. Additional charges for works may be agreed verbally or in writing before work has been carried out. Payment for additional works and any shipping are due at point of collection or prior to delivery of the Customer’s repair.
In the event of us incurring additional expense not provided for in any quotation as a result of the occurrence of any of the following, such additional expense shall be added to the price:
(a) Variation and/or alteration of instructions and/or details and/or failure by the Customer or its representative to provide the same
(b) Overtime costs incurred if the delivery date does not permit sufficient time for the work to be completed during normal working hours
CANCELLATION AND REFUNDS
Once a Customer provides us with an order to proceed with a repair, either verbally or in writing, we will begin processing the repair. The order will therefore become non-cancellable and non-refundable from the point of acceptance.
REPAIR TIMES
We may provide an estimated date for the completion of a repair. Time for completion is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond our control. In no case shall time be the essence of the Contract.
Contracts and deliveries may be suspended in the event (1) act(s) of God, flood, drought, earthquake or other natural disaster; (2) initial or any further/repeated outbreak of any epidemic or pandemic concerning any virus and/or disease; (3) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (4) nuclear, chemical or biological contamination, or sonic boom; (5) any new law or change in an existing law being made or any other action taken by a government or public authority (to include, but not limited to, imposing any transport, travel, import or export restriction); (6) collapse of buildings, fire, explosion or accident; (7) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the non-performing party seeking to rely on this clause, or companies in the same group as that party); (8) non-performance by any person that is not a subcontractor of the non-performing party; (9) interruption or failure of any utility service; or (10) or any other occurrence preventing or retarding the processing or delivery of the Goods (“Force Majeure Event”) and no responsibility shall attach to us for any delay, default, loss or damage due to any of these causes or for any damage in transit or at our works or to any other cause beyond the our control whether in respect of contracts or deliveries or the safe custody of articles deposited with us.
SERVICE WARRANTY
All parts and labour provided are covered against defects in materials and workmanship for 90-days from date of service (this excludes any other, different, or unrelated faults that may arise).
LAWS OF THE JURISDICTION
The Contract shall be governed by English Law and the jurisdiction of the English Courts.
CLAIMS
Our aim is at all times to provide a first class standard of service. However, if you feel that this has not been achieved please contact: [email protected]. Any complaint must be made within seven days of receipt of the Customer completed repair, beyond which period no claim can be entertained.
If we have been unable to repair the Apple product and unable to obtain a replacement from Apple we will provide you with a refund, minus diagnostic fees.
Nothing in these terms will affect your legal rights.
FREIGHTAGE
Where at the request of the Customer we are asked to forward either by Postal, Rail or Courier Freightage, our products, an appropriate charge will be rendered for this service. Whilst every reasonable precaution will be taken to ensure accuracy of despatch, no claims will be accepted by us in the event of damage to or non-delivery of goods by whichever means of Freighting have been used, and after they have left these premises.