AthCom.ie Terms & Conditions

Please find the Terms & Conditions for AthCom.ie described below

1. Interpretation and Scope

These terms are applicable to the users of the website by AthCom.ie or under its licence. The Domain name AthCom.ie, and all subdomains, (hereinafter referred to as “Website”) is owned by AthCom.ie.

Scope – Your use of this website are governed by the following terms and conditions (“Terms of Use”) including the applicable policies which are incorporated herein by way of reference.

If you transact on the website, you agree to be bound by the Terms of Use. You shall be subject to the policies that are applicable to the website for such transactions and/or access. By mere use of the website, you shall be contracting with AthCom.ie (Kurvnet Limited T/A AthCom.ie) and these Terms of Use including the policies constitute your binding obligations with AthCom.ie.

2. Definition

  • 1. “Affiliates” means any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with AthCom.ie which compensates the affiliate for transactions resulting from business directed to the AthCom.ie by the affiliate.
  • 2. “Buying” shall mean purchase of any product by a Customer from AthCom.ie.
  • 3. “AthCom.ie” includes Kurvnet Limited T/A AthCom and its Group companies.
  • 4. “Cookies” means small text files which our website places on your device to store information about your shopping session and to identify your device.
  • 5. “Customer” means a person or organisation that buys, sells or exchanges products with AthCom.ie online.
  • 6. “Exchange” shall mean an act of giving one thing and receiving another in consideration to cash, kind or donation.
  • 7. “Personal Information” means the details provided by you on registration or at the time you become a member and/or any subsequent information that you provide after or before the registration.
  • 8. “Product/s” mean chattels real (movable property) bought, sold or exchanged between a Customer and AthCom.ie, and also those products that are sent to AthCom.ie for sale but for which transaction has not yet been completed.
  • 9. “Product Description” means that part of the website where the description of the particular product is provided.
  • 10. “Selling” shall mean any product sold by a Customer to AthCom.ie.
  • 11. “Store” means a AthCom.ie online store.
  • 12. “User” means a person who uses or accesses AthCom.ie website and/or is a Customer.
  • 13. “Users” means the users of the website collectively.
  • 14. “Website” means the website located at AthCom.ie and its subdomains and any subsequent URL which may replace it.

3. Purchased Product Warranty

3.1 24-Months Warranty: AthCom.ie offers a 12 month warranty on all items.

3.1.1 Exceptions to the Warranty – This warranty does not cover the following-

  • a. Physical damage
  • b. Liquid damage
  • c. Any damage caused by rooting/ jailbreaking a device
  • d. Removable covers such as battery covers, port/interface covers and lens caps
  • e. Any items with single use codes e.g. software, game activation codes or subscription codes

3.1.2 Removable consumable parts – Consumable parts that degenerate over time but are not fixed e.g. batteries, bulbs will be covered for 30 days from purchase.

3.1.3 Non removable consumable parts – sealed batteries will be covered for the full duration of the warranty.

3.2 AthCom.ie bears no responsibility for your loss of data, please ensure that all data is removed from the device before booking in for warranty or returning the device.

3.3 If the product sold by AthCom.ie is found to be faulty or develops a fault within the first 30 days of sale AthCom.ie will refund to the original value and via the same payment method.

3.4 If the product develops a fault after 30 days and within 6 months of sale, the defective product will be fully tested to verify the fault. AthCom.ie will repair or replace the product if the product is found defective otherwise it will dispatched back to you. If you have already had a repair/replacement that has become faulty again, the refund processed would be to the original value as per the Terms of Use. If a refund is done within 6 months of the original purchase it will be to the original amount paid.

3.5 If the product develops a fault after 6 months and before 12 months from the date of sale, AthCom.ie will replace/repair the product. If you have already had a repair/replacement that has become faulty again, the refund processed would be to the current value/original value (whichever is the lower) as per the Terms of Use.

3.6 All products sent to AthCom.ie for refund or return under warranty are made pursuant to a shipment contract. Prior to AthCom.ie receiving such products the risk of loss and title for such products remains with the Customer.

3.7 This warranty does not cover physical damage, damage or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, faulty installation, improper maintenance, and improper voltage supply, interference from or with other electronic devices, alteration, improper modification, firmware flashing, bios flashing or service by anyone other than AthCom.ie or an agent approved by AthCom.ie.

4. Returns policy

4.1 AthCom.ie will only accept Products returned that are:

  • (a) Accompanied by a valid proof of purchase for the Products.
  • (b) Returned Products to AthCom.ie should contain all items included in the original Product.

4.2 All returned Products need to be tested and the fault verified before any refund, repair or replacement can be issued.

5. Unwanted product policy

In our unique 48-hours returns policy, the Customer is entitled to return an Unwanted item within 48-hours of sale for a full refund. Refunds will be subject to testing and if the item is returned in the same condition as sold. In order to prevent abuse, AthCom.ie reserves the right to limit the number of exchanges from a specific customer.

6. Description of Products

All Products are second hand unless specifically stated and all Product descriptions and images are for display purposes only and do not represent the finished Product.

6.1 Box contents may vary; additional downloadable content listed on the box may not be included. AthCom.ie cannot confirm the price of a product until your order is accepted in accordance with our policies.

6.2 Images – images are for illustration purposes only. Actual product design may vary from image.

6.3 Condition of products – the price will vary depending on the cosmetic condition of the Products and its accessories. We break this down into grades:

  • Brand New (Sealed in box)
  • Flawless (Looks new)
  • Good (Normal signs of use
  • Broken (Functional but damaged)
  • Dead (Unusable)

Details and up to date grading can be found here.

6.4 AthCom.ie reserves the right to amend prices anytime without prior notice.

6.5 All Apple devices must have their iCloud account deactivated. It is the responsibility of the Customer to ensure the device is clear of any accounts, passwords or any other personal information before AthCom.ie accepts responsibility.

7. Buying from AthCom.ie

7.1 You hereby acknowledge your sole responsibility to ensure that you have the relevant compatible accessories, suitable power step-downs, equipment, software, display devices and relevant machinery or otherwise needed to safely connect the products to power supplies, mains power, batteries and other devices.

7.2 For the purposes of maintaining appropriate demand and supply and ensure ‘natural’ price fluctuations and stock availability for the benefit of all our customers, AthCom.ie reserves the right to limit the number of units of any particular item, sold to any individual customer, at any time.

8. Selling to AthCom.ie

8.1 AthCom.ie reserves the right to refuse to purchase any Product at their sole discretion.

8.2 AthCom.ie reserves the right to limit the number of purchases at their sole discretion.

8.3 Once you sell your Products to AthCom.ie, the ownership will be transferred to AthCom.ie. You also warrant that you are the rightful and legitimate owner of the product or have been authorised to sell the product and that the product is free from any encumbrances or third party claims.

8.4 Please note that prices quoted on our website are subject to change without prior notice. AthCom.ie can pay for the items it bought via bank transfer or PayPal, as per your choice. The price offered in cash varies from the price offered in exchange. AthCom.ie shall not be liable for fraud arising out of or in connection to this.

8.5 Obligation to wipe data: It is the sole responsibility of the Customer to ensure that any device sold to AthCom.ie is clear of any personal information. The Customer would use all reasonable measures to wipe/erase the data on the device or any additional storage device included in that device.

8.6 In the event a Customer is not happy with the offer, AthCom.ie will return the device back to the Customer via tracked post provided the Customer pays for the return shipping.

9. Registration/Membership

9.1 You warrant that:

9.1.1 The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.

9.1.2 You will update your account to reflect any changes to your personal information.

9.1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

9.2 If you wish to sell products you must register/submit your personal details on AthCom.ie website so we can contact you.

9.3 If you sell your products you can choose FPS (bank transfer) or PayPal as the method of payment for transfer of funds.

10. Intellectual Property Rights

10.1 Copyright

All content included on the AthCom.ie website or such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AthCom.ie or its content suppliers and protected by Irish and international copyright laws.

10.2 Trademarks

AthCom.ie and other marks indicated on AthCom.ie website site are registered trademarks of AthCom.ie. AthCom.ie and other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of AthCom.ie or its subsidiaries.

11. Export Limitation

Certain Products sold by AthCom.ie may have been purchased from outside the Republic of Ireland under certain agreements that restrict or forbid subsequent re-exportation from the Republic of Ireland. The Customer will not export any Product sold by AthCom.ie without first obtaining all appropriate approval from the relevant authorities.

12. Limitation of Liability

12.1 While AthCom.ie will use reasonable endeavours to verify the accuracy of any information on the website or displayed in the store, AthCom.ie makes no warranties, whether express or implied in relation to its accuracy.

12.2 AthCom.ie will not be liable, in contract, tort for:

  • Any economic losses
  • Any loss of goodwill or reputation
  • Any special or indirect losses suffered by the User as per the Terms of Use

12.3 AthCom.ie liability whether in contract, tort or otherwise in respect of any defect in the Products or for any breach of the Terms of Use or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.

13. Severance

If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

14. Indemnity

You agree to indemnify AthCom.ie fully from any third party claims arising out of your negligence.

15. Notice

15.1 Any notice given under or pursuant to these Terms of Use may be sent by hand or by post or by registered post or by recorded delivery. It would first be received by the addressee in normal business hours.

15.2 The registered company name and address is:

KURVNET LIMITED T/A ATHCOM (AthCom.ie)

Unit 9a, Sky Business Centre, Plato Business Park, Damastown, Dublin D15 PA4C. Company registration number: 354151.

16. Applicable law and Dispute Resolution

While transacting with AthCom.ie, you agree to be bound by the Irish Laws.

17. Data Protection & GDPR Privacy

Kindly refer to our Privacy policy here.

18. Age Restrictions

18.1 The Customer placing orders or making purchases, confirms that he/she is of the appropriate age to receive and view the specified certification of the title(s) of the Product he/she has ordered/purchased.

18.2 Any Customer ordering or purchasing a Product for or on behalf of a third person shall need to make sure that the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) he/she has ordered/purchased.

18.3 If you are under 18, you may use the website only with the involvement of a parent or guardian.

AthCom.ie and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion or refuse to sell in the store if not accompanied by a parent or guardian.

19. Force Majeure

AthCom.ie shall not be liable for any default due to any Act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of AthCom.ie.

20. Buying and Selling of Products

20.1 Buying from AthCom.ie

20.1.1 Any order placed online will be considered as a binding contract, when the order will be dispatched by AthCom.ie unless it has been cancelled by AthCom.ie or the Customer. AthCom.ie may cancel the order in case the Product is unavailable from the stock, or proper payment has not been made by the Customer. AthCom.ie may also cancel the order if the Customer doesn’t meet the eligibility criteria or is in breach of the Terms of Use.

20.1.2 Contract cancellation: An order can be cancelled till the time it has been dispatched.

20.1.3 Unwanted Products: As per the distance selling regulations you have until 14 days to return the Product as unwanted. Outside the 14 day period, AthCom.ie reserves the right to refuse any refund or exchange for the Products which are not faulty.

20.1.4 Order Delivery – AthCom.ie is only able to deliver orders to the Republic of Ireland billing address mentioned on your bank/credit card account or to the registered Republic of Ireland address of your PayPal account used for the transaction. AthCom.ie is not liable for any missed delivery, due to an incorrect or incomplete address entered by you.

20.2 Selling to AthCom.ie

20.2.1 Your obligation is to dispatch the Products that you are selling to AthCom.ie in a timely manner. Your Product must be received by AthCom.ie at the designated location within ten [10] days of your order being placed. Quoted prices may vary or orders may be cancelled if Products are not received within this period.

20.2.2 All products sent to AthCom.ie are made pursuant to a shipment contract. Prior to AthCom.ie receiving such products the risk of loss and title for such products remains with the Customer.

20.2.3 You must ensure that all parts of your order are sent at the same time. Should AthCom.ie receive only part of your order, AthCom.ie will cancel the Products that have not been received, and process the Products that AthCom.ie has received. AthCom.ie will not take responsibility for incomplete orders.

20.2.4 AthCom.ie issues payment on the basis of details provided by the Customer and shall not be liable for payment made to the wrong account due to incorrect details.

20.2.5 The value AthCom.ie offers for your Products may be reduced upon receipt depending on their condition or quantity.

20.2.6 If the Customer is not satisfied with the offer price the product will be returned subject to Customer paying the registered post fees.

21. Delivery

21.1 Delivery is deemed to take place when AthCom.ie hands over the Product to the Customer.

21.2 Late delivery of Products does not entitle the Customer to do any of the following:

  • (a) Reject the Products.
  • (b) Cancel the order.
  • (c) Withhold payment of any part of the Product contract price.

22. Failed products

22.1 Any Product that fails our testing procedures will be returned (if requested) by Post Recorded Delivery.

22.2 Once sent, a tracking number can be supplied on request.

22.3 AthCom.ie will not take responsibility for lost or damaged Products among failed Products.

23. Our Rights

AthCom.ie reserves the right to Change the Terms of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the conditions then you must immediately stop using the website.

24. Third party links

AthCom.ie shall not be responsible for the contents of any third parties, provided to you by a link on the website or otherwise.

25. Cookies and other Technologies

Kindly refer to our cookie policy here.

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