By using our website and puchasing from Trackershop-UK (Trackershop Ltd), you agree to be bound by our Terms & Conditions, as stated below.
CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES
The display of goods on the Trackershop site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and Trackershop unless, and until, an email is sent by Trackershop to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by Trackershop of your offer to buy goods or services from Trackershop and this acceptance is effective regardless of whether or not you receive the e-mail.
Trackershop is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.
SITE INFORMATION Trackershop is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents. Trackershop disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Trackershop does not represent or warrant that the information accessible via this site is accurate, complete or current. Prices shown on the website are exclusive of V.A.T at the current UK rate (20% as of the 4th January 2011).
PROCESSING OF ORDERS Credit cards are debited before items are shipped or before services are provided by Trackershop.
DELIVERY Every effort will be made by Trackershop to post items ordered before 3pm on a working day (Mon-Fri, excluding Bank Holidays) by DPD Courier. When circumstances deem that this is occasionally not possible Trackershop will post items as soon as absolutely possible and accept no liability for the delay in posting. All deliveries will be made by DPD Courier (Insured) unless specifically requested otherwise. In the event that an item is out of stock or otherwise unavailable Trackershop will contact you and offer you another product, delivery time or a full refund. CANCELLATION OF ORDERS PRIOR TO DELIVERY Orders may be cancelled by phone or email prior to the day of delivery. The cost of the purchase will be refunded to the payment credit/debit card. As payment will have been processed by the credit/debit card services the refund will be made to reflect a cancellation fee of 5% of the initial purchase price. This is to cover our merchant services costs levied as a result of the purchase.
DISTANCE SELLING REGULATIONS/SALE OF GOODS ACT Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations/Sale of Gooods Act must do so within 14 days of the point at which the goods were received. The goods must be returned by Signed Delivery(Insured). to : Trackershop-Uk, Office 9, 18 Gresham Road, Brentwood, Essex, CM144HN Customers are liable to pay the cost of this return postage. As long as the goods have been returned in original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 14 days of the date of return. Any actual use of a GPS tracker (switching it on and obtaining tracking information) or other equipment by a customer is a breach of the customers duty to take reasonable care of the product and will negate their right to return under these regulations.
LIMITATION OF LIABILITY (GENERAL) Except as specifically stated on this site, neither Trackershop nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Partners and employees of this company may not be held liable for damages relating to either the capital cost of any equipment purchased from Trackershop-UK, or consequential costs associated with fitting and operation of the same when issues arise from the non-availability of GSM and GPRS network coverage. It is the responsibility of the purchaser to take whatever steps necessary to establish that the necessary and appropriate network coverage is available and that the equipment works efficiently at the location intended for use. It is recommended that purchasers verify effective operation in countries outside the UK by operating a single tracker unit initially, and prior to purchasing further units. Trackershop-UK will happily provide full support for these testing processes. For use of more than one month’s use in a country outside of Europe, the customer is responsible for supply and fitting of a data SIM card to the GPS tracker; as well as any costs for the use of this SIM card. Trackershop-UK does not guarantee that their tracking products will operate successfully in all parts of the world. Variations in GSM and GPRS network make this impossible, and accepts no liability for any loss in connection with failure of tracking service. Every effort will be made to assist in developing the required tracking but it remains the responsibility of the customer to ascertain if network coverage and tracking is possible in any particular global location.
ILLEGAL ACTS It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. Products purchased from Trackershop may be governed by laws prohibiting their use; it is the sole responsibility of the purchaser/user to comply with these laws and no liability can be implied.
GPS TRACKER INSTALLATION For all GPS vehicle trackers that require an installation service and the customer has confirmed an installation date with Trackershop- in the event of needing to cancel the appointment, please note that we will require a minimum cancellation time of 24 hours. Any cancellations within 24 hours of the appointment time will incur an £80 cancellation fee.
It is the customer’s responsibility to ensure that the fitting of the GPS tracker does not effect any warranties associated with the vehicle that the tracker is being fitted in.
There will be no refund for any tracker installed or the cost of the installation unless the tracker is proven to be faulty.
CHANGES IN TERMS Trackershop reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Trackershop web site. The mapping site is updated and altered periodically without notice.
RETURNS All items purchased from Trackershop are guaranteed for 12 months of use. Due to the nature of this equipment no refunds will be given. If you find that there is a problem with any item please return it to us. We will have it carefully examined and will be happy to replace it if it is found to be faulty. Any obvious physical damage or evidence of other misuse found will naturally nullify this guarantee and offer of replacement.
Any refund made to customers following the return of a tracker (for any reason) will not include any payment made for additional location or SMS credits paid for either at the time of the tracker purchase or after that date. Top up credit purchases will not and cannot be refunded. Any work carried out on behalf of and paid for by clients which involves any custom designing of the mapping panel or other associated features is undertaken by contractors on behalf of Trackershop-Uk and payment cannot be refunded upon cancellation once the work is completed, irrespective of any other tracker fault/warranty issue or claim for refund.
The method in which any item is returned is at the discretion of the customer. However we recommend that you return any item(s) via recorded delivery to ensure that it is accounted for through the delivery process.
The cost of returning any item(s) is the full responsibility of the customer. Trackershop are not accountable for any postal costs.
WEBSITE PRODUCT DESCRIPTIONS Trackershop reserve the right to supply equipment which may differ in appearance from items shown on the website but which have the same use, function and facility RELATING SPECIFICALLY TO TRACKING otwithstanding any other provision in these Terms:- (1) Trackershop-UK accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided with a tracking device. (2) Without prejudice to the other exclusions and limitations in these Terms, Trackershop-UK’s liability in connection with any order (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the purchase price of the goods ordered. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Trackershop-UK. (3) Trackershop-UK is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from use of any tracking product, including without limitation in circumstances in which the product fails to function. (4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of goods or services) are expressly excluded. The Customer‟s sole remedies in connection with such matters in relation to goods supplied shall be in accordance with these Terms. (5) Nothing in these Terms excludes or limits Trackershop-UK’s liability for personal injury or fraud. (6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Trackershop-UK (save in relation to the technical description, as provided by these Terms). In addition, Trackershop-UK shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in good faith. (7) Without prejudice to the other limitations and exclusions of liability in these Terms, Trackershop-UK accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the failure of a device to track if this is caused by lack of credit on a “Pay as you Go”SIM card supplied by the customer or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant. (8) Trackershop-UK may (at its discretion) provide support in connection with the Service at the rate of £50 plus VAT per hour. (9) Customers may not operate their trackers in any way without having valid location credit applied for any period longer than 5 consecutive days. Doing so can produce conflict errors with the tracker software and it’s connection with the mapping panel. Such action will be considered as nullifying any existing warranty. THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING: Notwithstanding any other provision in these Terms:- (1) Trackershop-UK accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided in relation to the installation and use of the Software. (2) Without prejudice to the other exclusions and limitations in these Terms, Trackershop-UK’s liability in connection with any Software or mapping panel access (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the value of the licence fee most recently paid by the Customer to Trackershop-UK. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Trackershop-UK. (3) Trackershop-UK is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from the use of the Software or mapping panel access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or mapping panel. The mapping panel remains the property of Trackershop-UK and can only be used by customers who have purchased tracking credits through Trackershop-UK. (4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of the Service) are expressly excluded. (5) Nothing in these Terms excludes or limits Trackershop-UK’s liability for personal injury or fraud. (6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Trackershop-UK. In addition, Trackershop-UK shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in anticipation of an order which have been provided in good faith. (7) Without prejudice to the other limitations and exclusions of liability in these Terms, Trackershop-UK accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service to collect tracking data which is caused by lack of credit on a “Pay as you Go” SIM card or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant. (8) Trackershop-UK has no liability under these Terms in relation to loss or damage resulting from failure to track occasioned by the failure of any wireless device to perform its function. (9) Trackershop-UK accepts no liability whatsoever in connection with use of the Software on devices which do not comply with the minimum specifications stated in these terms. (10) Magnetic trackers are supplied with strong industrial magnets which have been tested to support the tracking device if properly fitted. The customer is responsible for where and how the product is fitted. Trackershop Ltd is not liable if the device is lost or damaged.
Tracking history held on the Trackershop-UK will be maintained on the mapping server only so long as the tracker is active/live/in use and has a valid credit plan applied. Inactive trackers will be removed from the mapping server occasionally and entirely at the discretion of Trackershop-UK. It is solely the responsibility of the tracker user (customer) to save their tracking history using the file facility on the history page of their mapping panel. Trackershop-UK has no liability under these terms for tracking history lost or deleted from the mapping server. SERVICE / GSM NETWORK AVAILABILITY Trackershop-UK reserves the right to carry out regular maintenance of the Tracking Panel, which may affect the availability of the Service. Trackershop-UK will use its reasonable endeavours to ensure that apart from scheduled maintenance, the panel is available for use at all other times.
CANCELLATION BY CUSTOMER
Trackershop-UK may terminate this agreement at any time, without notice, if the Customer breaches these Terms. No contract on these Terms may be terminated by the Customer, except in circumstances in which the Customer has lawfully terminated the contract (or part thereof) under which the device to which these Terms relate was supplied, in accordance with these terms. All other rights of termination which the Customer might otherwise have under the general law are expressly excluded.
The SIM card must not be removed from the tracking device this shall constitute misuse of the SIM and Trackershop-UK shall be entitled to immediately terminate this agreement.
Customer agrees that Trackershop-UK may monitor use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM card roaming agreements, subject to prior agreement is necessary and should be arranged through Trackershop-UK. Trackershop-UK reserves the right to charge for over usage while roaming.
The SIM card in the GPS tracker is a Data SIM, therefore the tracker must be switched on at least every three months and receive a GPS fix otherwise the SIM card will become inactive and may not function. Please note that your tracker relies on having a valid GPS data plan in place in order to obtain this GPS position. If Trackershop needs to replace the SIM card there is a fee of £35 + Vat.
The mapping systems removes any tracker login details that have not been used for 6 months. If you want to continue to use the system the tracker must be switched on and used within this period. Reconnection to the mapping system is £50.
Location amd SMS command credits are not transferrable. And are valid for 1 year from purchase. If products are re-sold by Trackershop-UK customer, the Location and SMS credits linked to the product become void and the new owner must register with Trackershop-UK and purchase new credits.
Trackershop-UK should be informed immediately regarding any loss or stolen SIM card, if the Customer suspects or should reasonably suspect the SIM card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up to the time of said notification. Trackershop-UK requires evidence of alleged loss or theft in the form of a Police report. Trackershop-UK will terminate or suspend service of the tracking panel if Trackershop-UK suspects any wrong doing.
SIM CARDS AND CALL CHARGES
In conjunction with the supply of tracking devices and the provision of our online tracking service, Trackershop-UK may loan SIM cards to the Customer subject to these Terms where call credit is purchased through Trackershop-UK. The SIM cards will remain the property of Trackershop-UK and will be returned to Trackershop-UK on the termination of this agreement howsoever arising. The Customer acknowledges that SIMs supplied by Trackershop-UK may only be used in Trackershop-UK tracking devices which are providing data to Trackershop-UK’s mapping servers. Any other use shall constitute a breach of these terms.
The SIMs supplied with all Trackershop tracking devices have multi-roaming capabilities, however we cannot guarantee full coverage outside of the UK. For GPS trackers used in Europe/ rest of world Trackershop cannot be liable for any inadequate mobile network coverage. Therefore the customer is responsible for checking network coverage and compatibility in the area of use either at time of purchase or prior to deploying their GPS tracker(s) in these areas.