GENERAL TERMS AND CONDITIONS
CELLTRONICS LIMITED
1. Celltronics Limited (“Celltronics”).
These Celltronics Limited General Terms and Conditions of use (the “Terms”) apply to all negotiations, offers, agreements, and provision of all Goods and Services (the “Goods”) marketed and/or provided by Celltronics and all other legal acts and activities entered into and/or performed by Celltronics (hereinafter referred to as the “Agreement”’) and govern your use of this website.
Celltronics offers its local and international customers (hereinafter referred to as the “Buyer”) various Goods including but not limited to the below:
- Mobile phones and accessories
- Tablets and accessories
- Laptops and accessories
- Computer accessories
- Headsets, earbuds and speakers
- Cables
- Hard drives
- Networking equipment and tools
- Batteries and power banks along with repair services of these devices where applicable.
“we” “our” “us” mean Celltronics, “you” “buyer” mean the person accessing or using the website or viewing its content, “your” shall have the same meaning.
Your access or use of this website constitutes your assent to these Terms. If you do not agree then you should discontinue use of this website.
2. Right to make changes to Agreement: We reserve the right to modify these Terms from time to time without notice. Additional Terms may apply to the purchase of our Goods such as shipping and return policies.
3. Payment and Credit Terms: Unless explicitly stated otherwise, all prices quoted are final. VAT and other levies imposed by governmental authorities apply.
3.1 We accept cash, credit or debit cards. Payments are due immediately unless you enter a payment plan with us. This payment plan is valid for a maximum of 3 months at which time the entire amount becomes due.
3.2 If you fail to maintain this payment agreement or should you decide to change your mind in regard to the purchase for whatever reason you shall be charged a restocking fee of not less than 50% and may not be entitled to a refund of the payment amount, we have already received.
3.3 Celltronics reserves the right to:
- revoke any credit terms extended to you in the event that you fail to pay for any Goods or services provided when due
- to adjust our prices and rates – with immediate effect on the basis of the fluctuations of exchange rates, government imposed taxes and levies on our goods and/or services to be supplied.
3.4 The price quoted for an order/goods by you will be valid for 30 days from the date of execution of the Agreement.
3.5 Unless expressly agreed otherwise, payment shall be made in Barbados currency.
3.6 Invoices are payable on delivery and must be paid in accordance with the payment conditions stipulated on the invoice. Any query on an invoice must be raised within 30 days of delivery. If invoices are not paid within 30 days of delivery, we reserve the right to initiate legal proceedings against the Buyer for outstanding fees.
3.7 If the Buyer fails to pay the outstanding amounts due within the 30 day period, the Buyer shall be in default without notice of default being required. We reserve the right to charge interest on the outstanding amounts from the date of the invoice at the rate of 1% per calendar month. The Buyer will also be responsible for any costs incurred due to the filing of debt recovery claims at court, with the interests and costs to be determined by the court.
3.8 Unless expressly or otherwise agreed, the Buyer does not have the right to suspend and/or set off its payment obligations towards Celltronics.
3.9 If the Buyer fails to meet its payment obligations to Celltronics in full or within the applicable payment term, Celltronics in its discretion may offer and negotiate a payment plan with the Buyer. If, however, the Buyer and Celltronics cannot settle on a payment plan or the Buyer fails and/or refuses to comply with the terms of such payment plan, Celltronics will be entitled to forthwith suspend or terminate its obligations to the Buyer in full.
3.10 Celltronics claims against the Buyer are immediately due and payable as it relates to work completed in the following circumstances: if, after the conclusion of the Agreement, situations arise which are drawn to the attention of Celltronics which provide good reason to fear that the Buyer will not comply with its obligations; or if Celltronics has requested the Buyer to provide security for the performance at the conclusion of the Agreement and this security is lacking or insufficient.
4. Copyright and Intellectual Property: All intellectual property rights relating to Celltronics Goods belong exclusively to Celltronics or our licensor(s) and are expressly reserved by us.
4.1 The Buyer agrees to respect the intellectual property rights of Celltronics and its licensor(s). Other than for the personal use of Celltronics products and services and for the purpose for which they are made available to the Buyer, none of the products or services may be reproduced, published, modified, or otherwise used by the Buyer in any way without the express permission of Celltronics or its licensor(s).
5. Jurisdiction: These terms shall be construed in accordance with the Laws of Barbados. A waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason that provision shall be severable and all other provisions shall remain in full force and effect.
5.1 All disputes arising and/ or relating to Agreements to which these Terms and Conditions apply will be adjudged by a Judge or Magistrate of a competent court in Barbados.
5.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of these Terms shall continue in full force without being impaired or invalidated in any way.
6. Terms and Disclaimer: The listings on this website are advertisements to receive offers and not an offer to sell goods. Any order made by a Buyer may be rejected. All orders are subject to review and acceptance by Celltronics.
6.1 Celltronics assumes no liability or responsibility for any damage to you, your devices , or your other property, due to your access to, use of, or downloading of this site or any materials provided on this site.
6.2 Quotations provided by Celltronics will be valid for the term indicated in the offer. If no term is indicated, the offer will be valid until 30 days after the date of issue of the order.
6.3 All prices are subject to change, and we may have to communicate price changes or availability issues to you after you place your order.
6.4 Goods description, pricing, data accuracy, system integration may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be accurate or error free.
6.5 In the event a Goods is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Celltronics shall have the right to refuse or cancel any orders placed for the Goods listed at the incorrect price or in correctly described.
6.6 Celltronics shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Celltronics shall immediately issue a credit to your credit card account in the exact amount of the charge plus any additional charges.
6.7 Please note that credit card processing may take up to 3 business days (depending on the accuracy of the information provided). For security purposes, a voice confirmation may be required before we can process your credit card for payment.
6.8 If the item(s) on your order are in stock, collection can be made by you from one of our locations. Order of any goods that is not in stock you will be notified on receipt by us of the same.
6.9 Except as otherwise set forth including without limitation the description of specific Goods offered for sale any transaction conducted by Celltronics, is on an ‘as is’ basis we make no representations or warranties of any kind, express or implied including but not limited to implied warranties of merchantability and fitness for particular purpose.
6.10 Any additional or variation of Terms proposed by you are expressly hereby rejected and will not be binding upon Celltronics unless specifically assented to in writing by an authorized representative of Celltronics.
6.11 Any order for Goods, any statement of intent by you to purchase any Goods, any shipment or delivery of Goods by Celltronics or any direction to perform work, or any assent to Celltronics performance of work by you shall constitute assent to these Terms.
6.12 Celltronics will not be liable for any damage of any kind arising from the use of this website including but not limited to indirect incidental punitive exemplary special or consequential damages.
6.13 The total liability of Celltronics, on all claims of any kind, whether in contract, warranty, indemnity,tort(including negligence), strict liability, or otherwise, arising out of or related to these terms and conditions or Celltronics’ performance under or breach of these terms and conditions, or from the Goods or the use of any Goods shall not exceed the purchase price paid for the Goods hereunder.
6.14 Any representations and warranties made by any person, including a representative of Celltronics, which are inconsistent or in conflict with these Terms shall not be binding upon Celltronics unless reduced to writing and approved by an expressly authorized officer of Celltronics.
7. Warranty: Apple & Samsung Mobile Devices carry a one (1) year Manufacturer’s warranty. In the event that any such device be found to be faulty within 14 days of purchase Celltronics will begin the warranty process which can take up to 30 days. A replacement device will be issued to you during this time.
7.1 Warranty on Repairs and Refurbishment: Devices brought for repairs carry a 60 day warranty. Refurbished devices and/or parts carry a 90 day warranty.
7.2 Celltronics is not liable for any damage caused by improper use of any device by the Buyer of goods brought for repairs. If it is determined on examination by Celltronics that water and or moisture damage or any other damage has occurred due to improper use/handling by the Buyer the warranty under repairs shall be void and the Buyer shall be responsible for all costs incurred, including the cost of all parts, shipping and labour charges for the repair, return, or replacement of the product.
7.3 The possibility exists whereby the contents of any hard drive or data storage component may be lost or reformatted in the course of repair, Celltronics bear no liability for the loss, harm, damages, cost or expense caused by the repair, attempt to repair, or replacement of any Goods improperly used by Buyer including but not limited to any indirect or consequential damage.
7.4 The Buyer shall be responsible for removing and retaining any confidential or personal information and back up the contents of the device left for repair before performance of services by Celltronics.
7.5 Celltronics may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations.
7.6 Celltronics recommends that you erase, delete or remove any and all personal or confidential data or information stored on your device prior to repair.
7.7 Celltronics assumes no liability or responsibility for goods/devices under repair that are not collected within 90 days after notification of completion.
8. Failure to pay; security interest: Buyer’s failure to make any payment when due shall cause the entire amount of the unpaid balance owed to Celltronics to become immediately due and payable. Celltronics may, upon default of the Buyer in regard to payment, (i) apply a service charge at the rate of 1½% per month on the unpaid balance and further to remove the Goods and hold them for resale. If the unpaid balance plus interest and service charges is not satisfied from the net proceeds of such sale (after the deduction of reasonable removal, storage, taxes, and attorneys’ fees and other ordinary or necessary expenses incurred in connection therewith), then the Buyer shall pay on demand any such deficiency as liquidated damages for breach of contract, along with all agency attorneys’ fees and court costs incurred by Celltronics in the collection of such delinquent payments.
8.1 Celltronics shall maintain and you grant to Celltronics a security interest in the Goods, and any accounts receivable, profits, proceeds, or cash from resale thereof, until full payment is made to Celltronics
9. Inspection, acceptance and returns: Goods are at the risk of the client from the moment that the Buyer or the Buyer’s agent has taken possession of goods.
9.1 Buyer should thoroughly inspect all Goods upon receipt. Goods shall be deemed accepted upon delivery. All claims arising from over,short, defective, or damaged Goods upon delivery shall be made within 14 days of receipt and should reference the original purchase order.
9.2 The return of any Goods for reasons other than damage upon delivery is valid for up to 30 days from the Goods delivery date. There will be no acceptance of any Goods return requests received after 30 days from the Goods delivery date. All returns are subject to Celltronics Quality Inspection.
9.3 For full credit of purchase price, returned Goods must be unused, in brand new condition, in its unaltered original packaging with all accompanying items/accessories. No cash refunds will be provided.
9.4 Goods not meeting the preceding requirements will be subject to a minimum 50% restocking fee. Goods will be accepted for return credit only if the item was processed in error by Celltronics.
9.5 Gift Cards: Gift cards amounts are quoted in US dollars plus processing fee and will be available to the buyer within 1 to 2 working days. A gift card will not be replaced or refunded if lost or stolen.
10. Delay, cancellation or default: Celltronics may terminate these Terms or your order for Goods at any time, in whole or in part and at the convenience of Celltronics upon written notice to you. After order and the Buyer requires us to delay delivery, payment for the Goods and Buyer’s required inspection shall not thereby be postponed or extended. Goods held by us for the Buyer shall be at the risk and expense of Buyer.
11. Assignment: These Terms may not be assigned by the Buyer in whole or in part without Celltronics’ prior written consent. Any purported assignment in contravention of this section will be null and void and of no effect. Except as otherwise provided herein, these Terms shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties.
12. Force majeure: Celltronics shall not be liable nor responsible nor be deemed to have defaulted in fulfilling or performing any term or breached this Agreement hereunder in the event such performance is prevented by force majeure, and such excuse shall continue for so long as the condition constituting such force majeure and any consequences resulting from such condition continues. For the purposes of these Terms, “force majeure” shall mean causes beyond our reasonable control including but not limited to acts of God; war, riot, or civil commotion; terrorist activities; damage to or destruction of by fire, earthquake, storm, or other disaster; strikes or other labour disturbances;national or regional emergency; epidemic; pandemic; failure or default of public utilities or common carriers; and other similar acts.
12.1 If Celltronics is unable to perform the Agreement due to force majeure, it may suspend performance of all or part of the Agreement for the duration of the force majeure. If Celltronics is permanently unable to perform the agreement due to force majeure, it has the right to terminate the Agreement in whole or in part with immediate effect, without being liable for compensation.
12.2 The performance of obligations shall be resumed as reasonably practicable, where possible.
13. Waiver: No waiver of any of Celltronics’ rights under these Terms shall be deemed effective unless contained in writing signed by us, and any waiver of any breach or failure to perform shall not be deemed to be a waiver of any future breach or failure to perform or of any other provisions of these Terms.
14. Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Celltronics reserves the right at any time after receipt of your order to accept or decline your order for any reason.
14.1 Celltronics reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by us. We may require additional clarifications or information before accepting any order.
15. Local Delivery: The estimated delivery time is one (1) to two (2) business days. Delivery may be available but is not guaranteed. Note that deliveries are only available for special requests or in special circumstances and confirmation must be received from Celltronics.
16. Dispute Resolution: You and Celltronics agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any Goods from Celltronics by binding Arbitration administered by the Fair Trading Commission or in a competent court of law and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes and claims arising out or relating to your purchase.
16.1 You and Celltronics agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted.
17. Returns policy: All required returns are to be made to one of our Celltronics locations. Returned products must be in new condition, include original outer packaging, all software, registration cards, inner packing materials and other accessories and must have the original receipt of purchase. We reserve the right to refuse for return and charge a mandatory minimum 50% restocking fee. You can also review warranty coverage and returns privileges for any specific product in that item’s listing on our website.
18. Right of use: Celltronics grants the Buyer the non-exclusive right of use of the Goods delivered in accordance with the purpose for which the goods were made available.
18.1 The right of use commences after full payment has been received from the Buyer and/or the other obligations resting with the Buyer have been fulfilled and terminates if the Buyer acts in violation of the rights granted or otherwise acts in violation of the Agreement or these Terms.
19. Liability and compensation: To the extent that Celltronics supplies third party items, Celltronics accepts no liability for damage in connection with the items it supplies in a condition which fits for the purpose for which it was supplied.
19.1 Celltronics is not liable for claims by third parties relating to materials supplied by the Buyer or alterations made by the Buyer to our items.
19.2 Celltronics guarantees that the delivered Goods comply with the applicable laws and regulations of Barbados. Celltronics is not liable for non-compliance with applicable laws and regulations outside of the country. The Buyer indemnifies Celltronics against any claim of any kind from third parties on the basis of any violation of applicable laws and regulations outside the country.
20. Limitation of liability: Notwithstanding anything to the contrary contained in these Terms or provided for under any applicable law, Celltronics shall not be liable for any consequential, incidental, indirect, special, or punitive damages, or for any loss of future revenue, income, or profits, or any diminution of value relating to the breach or alleged breach hereof, whether or not the possibility of such damages has been disclosed to Celltronics in advance or could have been reasonably foreseen by Celltronics.
20.1 The total liability of Celltronics on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to these terms and conditions or Celltronics performance under or breach of these Terms or the use of any Goods shall not exceed the purchase price paid for the Goods hereunder.
20.2 Representations and warranties made by any person including representatives of Celltronics which are inconsistent or in conflict with the terms of this warranty, shall not be binding upon Celltronics unless reduced to writing and approved by an expressly authorized officer of Celltronics.
21. Termination/suspension: Celltronics without prejudice to its legal powers of termination and suspension has the right to unilaterally terminate the agreement in whole or in part and/or suspend the performance of its obligations under the Agreement in whole or in part with immediate effect, without prejudice to our right to claim damages.
21.1 Celltronics will not be liable to pay any compensation to the Buyer due to the termination of the Agreement and the suspension of obligations arising from the Agreement as a result of the events referred to above.
21.2 In the event that the Agreement if terminated, Celltronics is still obliged to charge you for Goods supplied and any expenses reasonably incurred in connection thereto. The Buyer will therefore be required to settle such costs and expenses unless Celltronics is in default with regard to the performance of such obligations.
22. Communication and information: If these Terms state that communication must be in writing, this communication may also take place online or electronically, except in so far as the Agreement and/or the law imperatively deviates therefrom.
22.1 Electronic communication shall be deemed to have been received on the day of transmission unless the contrary is proven by the recipient. If the communication is not received due to delivery and/or accessibility problems regarding the mailbox of the client, this is at the risk of the Buyer even if the mailbox is hosted by a third party.
23. Penalty: In the event that the Buyer violates any of the obligations under these Terms and/or Agreement, without any further action or formality being required, Celltronics is entitled to claim damages for any loss suffered.
23.1 In the event that Celltronics violates any of the obligations under these Terms and/or Agreement, without any further action or formality being required, the Buyer is entitled to claim damages for any loss suffered.
24. Intellectual property: All copyrights, patents, trademarks, trade dress, trade secrets, or other intellectual property in the Goods shall be and remain the sole and exclusive property of Celltronics its affiliates, and its respective licensors. Except as expressly provided for in these Terms nothing contained in these Terms grants any rights, by license or otherwise in Goods to Buyer unless such grant is required by law. Buyer agrees not to register or use any trademark, trade dress, or internet domain name that contains, or is similar to, any Goods.
25. Privacy policy: Celltronics may collect personal information in accordance with its Privacy Policy posted on this site. By accepting these terms and conditions, you consent to the collection, use and disclosure of your personal information by Celltronics in accordance with its Privacy Policy.
25.1 When you provide your information through chat services with Celltronics, you agree that we may contact you by phone, text or email with regard to your request.Log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.
25.2 Cookies may be used to remember visitor preferences when interacting with the website.
25.3 Where registration is required, the visitor’s email and a username will be stored on the server.
25.4 The information is used to enhance the vistor’s experience when using the website to display personalised content and possibly advertising.
25.5 E-mail addresses will not be sold, rented or leased to 3rd parties.
25.6 E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
25.7 If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive.
25.8 You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website